USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 11
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8
CONSTITUTION
OF THE
STATE OF VERMONT,
AS ESTABLISHED BY CONVENTION,
JULY 2, [AND DECEMBER 24,] 1777.
-
[ PREAMBLE. ]
WHEREAS, all government ought to be instituted and supported, for the security and protection of the community. as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man ; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.
And whereas, the inhabitants of this State have, (in consideration of protection only) heretofore acknowledged allegiance to the King of Great Britain, and the said King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most eruel and unjust war against them ; employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic dominion of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress,) where- by all allegiance and fealty to the said King and his successors, are dis- solved and at an end ; and all power and authority derived from him. ceased in the American Colonies.
And whereas, the territory which now comprehends the State of Ver- mont, did antecedently, of right, belong to the government of New- Hampshire ; and the former Governor thereof, viz. his Excelleney Ben- ning Wentworth, Esq., granted many charters of lands and corporations, within this State, to the present inhabitants and others. And whereas, the late Lieutenant Governor Colden, of New York, with others, did, in violation of the tenth command, covet those very lands ; and by a false representation made to the court of Great Britain. (in the year 1764, that for the convenience of trade and administration of justice, the inhabi- tants were desirous of being annexed to that government.) obtained ju- risdiction of those very identical lands, ex-parte ; which ever was, and is, disagreeable to the inhabitants. And whereas, the legislature of New- York, ever have, and still continue to disown the good people of this
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First Constitution.
State, in their landed property, which will appear in the complaints here- after inserted, and in the 36th section of their present constitution, in which is established the grants of land made by that government
They have refused to make re-grants of our lands to the original pro- prietors and occupants, unless at the exorbitant rate of 2300 dollars fees for each township ; and did enhance the quitrent, three fold, and de- manded an immediate delivery of the title derived before, from New- Hampshire.
The judges of their supreme court have made a solemn declaration, that the charters, conveyances, &e., of the lands included in the before described premises, were utterly null and void, on which said title was founded ; in consequence of which declaration. writs of possession have been by them issued, and the sheriff of the county of Albany sent. at the head of six or seven hundred men, to enforce the execution thereof.
They have passed an act, annexing a penalty thereto, of thirty pounds fine and six months imprisonment, on any person who should refuse as- sisting the sheriff, after being requested, for the purpose of executing writs of possession.
The Governors, Dunmore, Tryon and Colden, have made re-grants of several tracts of land, included in the premises, to certain favorite land jobbers in the government of New- York, in direct violation of his Bri- tannie majesty's express prohibition. in the year 1767.
They have issued proclamations, wherein they have offered large sums of money, for the purpose of apprehending those very persons who have dared boldly, and publicly, to appear in defence of their just rights.
They did pass twelve acts of outlawry, on the 9th day of March, A. D. 1774, impowering the respective judges of their supreme court, to award execution of death against those inhabitants in said district that they should judge to be offenders, without trial.
They have, and still continue, an unjust claim to those lands, which greatly retards emigration into, and the settlement of, this State.
They have hired foreign troops, emigrants from Scotland. at two dif- ferent times, and armed them, to drive us out of possession.
They have sent the savages on our frontiers, to distress us.
They have proceeded to erect the counties of Cumberland and Gloces- ter, and establish courts of justice there, after they were discountenan- ced by the authority of Great Britain.
The free Convention of the State of New-York, at Harlem, in the year 1776, unanimously voted, "That all quit-rents formerly due to the King of Great Britain, are now due and owing to this Convention, or such future government as shall be hereafter established in this State."
In the several stages of the aforesaid oppressions, we have petitioned his Britannic majesty, in the most humble manner. for redress, and have, at very great expense, received several reports in our favor ; and in other instances, wherein we have petitioned the late legislative authority of New-York, those petitions have been treated with neglect.
And whereas, the local situation of this State, from New-York, at the extream part, is upwards of four hundred and fifty miles from the seat of that government, which renders it extream difficult to continue under the jurisdiction of said State,
Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and inde- pendent State ; and that a just, permanent and proper form of govern- ment, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress.
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First Constitution.
We the representatives of the freemen of Vermont, in General Con- vention met, for the express purpose of forming such a government,- confessing the goodness of the Great Governor of the Universe, (who alone, knows to what degree of earthly happiness, mankind may attain, by perfecting the arts of government,) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves, such just rules as they shall think best for governing their future society : and being fully convinced that it is our indispensable duty, to establish such original principles of government, as will best promote the general happiness of the people of this State, and their pos- terity, and provide for future improvements, without partiality for, or prejudice against, any particular class. seet, or denomination of men whatever .- do, by virtue of authority vested in us, by our constituents, ordain, declare, and establish, the following declaration of rights, and frame of government, to be the CONSTITUTION of this COMMONWEALTH, and to remain in force therein, forever. unaltered. except in such articles, as shall, hereafter, on experience, be found to require improvement, and which shall, by the same authority of the people. fairly delegated, as this frame of government directs, be amended or improved. for the more ef- fectual obtaining and securing the great end and design of all govern- ment, herein before mentioned.
CHAPTER I.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT.
I. THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty ; acquiring, possessing and pro- tecting property, and pursuing and obtaining happiness and safety. Therefore, no male person. born in this country, or brought from orer sea, ought to be holden by law, to serve any person, as a serrant. slave or ap- prentice. 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 at such age, or bound by law, for the payment of debts, damages. fines, costs, or the like.1
1 This was the first Emancipation Act in America. That it was not "a glittering generality "-as was the assertion of the equality of human rights in the declaration of national independence, and also in other state constitutions-appears from the following act of the General As- sembly of Vermont, passed October session 1786:
AN ACT to prevent the sale and transportation of Negroes and Mu- lattoes out of this State.
Whereas, by the Constitution of this State, all the subjects of this com- monwealth, of whatever colour, are equally entitled to the inestimable blessings of freedom, unless they have forfeited the same by the com- mission of some crime; and the idea of slavery is expressly and totally exploded from our free government :
And whereas, instances have happened of the former owners of Ne- gro slaves in this commonwealth, making sale of such persons as slaves, notwithstanding their being liberated by the Constitution ; and attempts been made to transport such persons to foreign parts, in open violation of the laws of the land :
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First Constitution.
II. That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any particular man's property is taken for the use of the public, the owner ought to receive an equivalent in money.1
III. That all men have a natural and unalienable right to worship ALMIGHTY GOD, according to the dictates of their own consciences and understanding, regulated by the word of GOD ; and that no man ought, or. of right. can be compelled to attend any religious worship, or erect, or support any place of worship, or maintain any minister, contrary to the dictates of his conscience : nor can any man who professes the protes- tant religion be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiment, or peculiar mode of religious wor- ship, and that no authority can, or ought to be vested in, or assumed by,
Be it therefore enacted, &c., that if any person shall, hereafter, make sale of any subject of this State, or shall convey, or attempt to convey any subject out of this State, with intent to hold or sell such person as a slave; every person so offending, and convicted thereof, shall forfeit and pay to the persons injured, for such offence, the sum of one hundred pounds, and cost of suit; to be recovered by action of debt, complaint or information .- See D. Chipman's Memoir of Chittenden, pp. 82, 83; Slade's State Papers, p. 505.
The first deed of emancipation recorded in Vermont, (none being nec- essary under the Constitution,) was based on the right of a captor, under a resolve of Congress, to dispose of prizes taken in war, as well as on the good conscience of Capt. ALLEN, and of the men under his command. It is as follows:
HEAD QUARTERS, Pollet, 28th November, 1777.
To whom it may concern know ye
Whereas Dinah Mattis, a negro woman with Nancy her child of two months old was taken prisoner on Lake Champlain with the British troops somewhere near Col. Gilliner's patten [patent] the twelfth day of instant November by a scout under my command, and according to a resolve passed by the honorable the Continental Congress that all prizes belong to the captivators thereof-therefore she and her child became the just property of the captivators thereof-I being conscientious that it is not right in the sight of God to keep slaves-I therefore obtaining leave of the detachment under my command to give her and her child their freedom-I do therefore give the said Dinah Mattis and Nancy her child their freedom to pass and repass any where through the United States of America with her behaving as becometh, and to trade and to traffic for herself' and child as though she was born free, without being molested by any person or persons .- In witness whereunto I have set my hand or subscribed my name. EBENEZER ALLEN, Capt.
BENNINGTON Town Clerk's Office, July 26, 1870.
I certify that the foregoing is truly copied from Book No. 3 of said town records, recorded by Moses Robinson when town clerk.
D. F. SQUIRES, Town Clerk. See Vt. Historical Soc. Collections, vol. I, p. 249.
1 The parts in Italic are the additions to or changes (often of name simply,) in the Constitution of Pennsylvania of 1776, to adapt it to Ver- mont.
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any power whatsoever, that shall in any case, interfere with, or in any manner controul, the rights of conscience, in the free exercise of reli- gious worship : nevertheless, every sect or denomination of people ought to observe the Sabbath, or the Lord's day, and keep up, and support, some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.2
IV. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.
V. That all power being originally inherent in, and consequently, de- rived from, the people ; therefore, all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.
VI. 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 emolument or advantage of any single man, family or set of men, who are a part only of that community ; and that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government, in such manner as shall be, by that community, judged most conducive to the public weal.
VII. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regu- lar elections.
VIII. That all elections ought to be free ; and that all freemen, hav- ing a sufficient, evident common interest with, and attachment to, the community, have a right to elect officers, or be elected into office.
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 a man's property can be justly taken from him, or applied to public nses, without his own consent, or that of his legal representatives; nor can any man who is conscientiously serupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent ; nor are the people bound by any law, but such as they have iu like manner, assented to, for their common good.
X. That, in all prosecutions for criminal offences, a man hath 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 evi- dence 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 man 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 war- rants, without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be com-
2 See Appendix E.
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First Constitution.
manded or required to search suspected places, or to seize any person or persons, his, her or their property, not particularly described, are con- trary to that right, and ought not to be granted.
XII. That no warrant or writ to attach the person or estate of any free- holder within this state, shall be issued in civil action, without the person or persons. who may request such warrant or attachment. first make oath, or af- firm, before the authority who may be requested to issue the same, that he, or they, are in danger of losing his, her or their debts.
XIII. That, in controversies respecting property, and in snits between man and man. the parties have a right to a trial by jury ; which ought to be held sacred.
XIV. That the people have a right to freedom of speech. and of writing and publishing their sentiments ; therefore, the freedom of the press ought not to be restrained.
XV. That the people have a right to bear arms for the defence of themselves and the State : and, as standing armies, in the time 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 governed by, the civil power.
XVI. That frequent recurrence to fundamental principles, and a firm adherence to justice, moderation. temperance, industry and frugality, are absolutely necessary to preserve the blessings of liberty, and keep gov- ernment free. The people ought, therefore, to pay particular attention to these points, in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and executing such laws as are necessary for the good government of the State.
XVII. That all people have a natural and inherent right to emigrate from one State to another, that will receive them ; or to form a new State in vacant countries, or in such countries as they can purchase, whenever they think that thereby they can promote ther own happiness.
XVIII. That the people have a right to assemble together, to con- sult for their common good-to instruct their representatives, and to ap- ply to the legislature for redress of grievances, by address, petition or remonstrance.
XIX. That no person shall be liable to be transported out of this State, for trial, for any offence committed within this State.
CHAPTER II.
PLAN OR FRAME OF GOVERNMENT.
SECTION I.
THE COMMONWEALTH or STATE OF VERMONT, shall be governed hereafter, by a Governor, Deputy Governor, Council, and an Assembly of the Representatives of the Freemen of the same, in manner and form following.
SECTION II.
The supreme legislative power shall be vested in a House of Repre- sentatives of the Freemen or Commonwealth or State of Vermont.
SECTION III.
The supreme executive power shall be vested in a Governor and Council.
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First Constitution.
SECTION IV.
Courts of justice shall be established in every county in this State.
SECTION V.
The freemen of this Commonwealth, and their sons, shall be trained and armed for its defence, under such regulations, restrictions and excep- tions, as the General Assembly shall, by law, direct ; reserving al- ways to the people, the right of choosing their colonels of militia, and all commissioned officers under that rank, in such manner, and as often, as by the said laws shall be directed.
SECTION VI.
Every man of the full age of twenty-one years, having resided in this State for the space of one whole year, next before the election of repre- sentatives, and who 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.
I solemnly swear, by the ever living God, (or affirm in the presence of Almighty God.) that whenever I am called to gire my vote or suffrage,, touching any matter that concerns the State of Vermont, I will do it so. as in my conscience, I shall judge will most conduce to the best good of the same, as established by the constitution, without fear or faror of any man.
SECTION VII.
The House of Representatives of the Freemen of this State. shall con- sist of persons most noted for wisdom and virtue, to be chosen by the freemen of every town in this State, respectively. And no foreigner shall be chosen, unless he has resided in the town for which he shall be elected, one year immediately before said election.
SECTION VIII.
The members of the House of Representatives, shall be chosen annu- ally, by ballot, by the freemen of this State, on the first Tuesday of Sep- tember, forever. (except this present year) and shall meet on the second Thursday of the succeeding October, and shall be stiled the General As- sembly of the Representatives of the Freemen of Vermont ; and shall have power to choose their Speaker, Secretary of the 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 quali- cations of their own members-they may expel a member, but not a second time for the same cause-They may administer oaths (or affirma- tions) on examination of witnesses-redress grievances-impeach State criminals-grant charters of incorporation-constitute towns, boroughs, cities and counties, and shall have all other powers necessary for the leg- islature of a free State : but they shall have no power to add to, alter, abolish, or infringe. any part of this constitution. And for this present year the members of the General Assembly shall be chosen on the first Tuesday of March next, and shall meet at the meeting-house, in Windsor, on the second Thursday of March next. 1
1 The constitution, as established on the 2d of July, 1777, provided that the first election should be holden in December, and that the Assembly should meet in January following. December 24, 1777, the Convention met by order of the Council of Safety, and the times of the first election and session of the General Assembly were fixed as in the text.
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First Constitution.
SECTION IX.
A quorum of the house of representatives shall consist of two thirds of the whole number of members elected ; and having met and chosen their speaker, shall, each of them, before they proceed to business, take and subscribe, as well the oath of fidelity and allegiance herein after directed, as the following oath or affirmation, viz.
I do solemnly swear, by the ever living God, (or, I do solemnly affirm in the presence of Almighty God) that as a member of this assembly, I will not propose or assent to any bill, vote or resolution which shall appear to me 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 in the Constitution of this State ; but will in all things, conduct myself as a faithful, honest representative and guardian of the people, according to the best of my judgment and abilities.
And each member, before he takes his seat, shall make and subscribe the following declaration, viz.
I do believe in one God, the Creator and Governor of the universe, the rewarder of the good and punisher of the wieked. And I do ac- knowledge the scriptures of the old and new testament to be given by divine inspiration, and own and profess the protestant religion.
And no further or other religious test shall ever, hereafter, be required of any civil officer or magistrate in this State.
SECTION X.
Delegates to represent this State in Congress shall be chosen, by ballot, by the future General Assembly, at their first meeting, and annually, forever afterward, as long as such representation shall be necessary. Any Delegate may be superceded, at any time, by the General Assembly appointing another in his stead. No man shall sit in Congress longer than two years successively, nor be capable of re-election for three years afterwards ; and no person who holds any office in the gift of the Con- gress, shall, thereafter, be elected to represent this State in Congress.
SECTION XI.
If any town or towns shall neglect or refuse to elect and send repre- sentatives to the General Assembly, two thirds of the members of the towns that do eleet and send representatives. (provided they be a ma- jority of the inhabited towns of the whole State) when met, shall have all the powers of the General Assembly, as fully and amply as if the whole were present.
*ECTION XII.
The doors of the house in which the representatives of the freemen of this State, shall sit, in General Assembly, shall be and remain open for the admission of all persons, who behave decently, except only, when the welfare of this State may require the doors to be shut.
SECTION XIII.
The votes and proceedings of the General Assembly shall be printed, weekly, during their sitting, with the yeas and nays, on any question, vote or resolution, where one third of the members require it ; (except when the votes are taken by ballot) and when the yeas and nays are so taken, every member shall have a right to insert the reasons of his votes upon the minutes, if he desire it.
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