USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 30
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
II. That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any particular man's prop- erty is taken for the use of the public, the owner ought to receive an equivalent in money.
III. That all men have a natural and unalienable right to worship AL- MIGHTY GOD, according to the dictates of their own consciences and un- derstanding, 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 citi- zen, on account of his religious sentiment, or peculiar mode of religious worship, and that no authority can, or ought to be vested in, or assumed by, any power whatsoever, that shall, in any case, interfere with, or in any manner controul, the rights of conscience, in the free exercise of re- ligious worship : nevertheless, every sect or denomination of people ought to observe the Sabbath, or the Lord's day, and keep up, and sup- port, some sort of religious worship, which to them shall seem most agree- able to the revealed will of GoD.
IV, That the people of this State have the sole, exclusive and inhe- rent 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 indefe asible 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
245
FIRST CONSTITUTION.
C
» 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 reg- war elections.
VIM. That all elections ought to be free; and that all freemen, having a sufficient, evident common interest with, and attachment to, the com- munity, 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 contri- bute 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 use's, without his own consent, or that of his legal representatives ; nor can any man who is conscientiously scrupolous of bearing arms, be justly compelled thereto, if he will pay such equivalent ; nor are the people beund hy any law, but such as they have, in 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 na- ture 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 him- self; 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, pa- pers and possessions free from search or seizure ; and therefore warrants, without oaths or affirmations first made, affording a 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 described, are contrary to that right, and ought not to be granted.
XII. That no warrant or writ to attach the person or estate, of any freeholder 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 affirm, before the authority who may be requested to issue the same, that he, or they, are in danger of loosing his, her or their debts.
XIII. That, in controversies respecting property, and in suits 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 wri- ting and publishing their sentiments ; therefore, the freedom of the press ought not to be restrnined.
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 mili- tary 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
E
246
FIRST CONSTITUTION.
absolutely necessary to preserve the blessings of liberty, and keep gov- ernment free. The people ought, therefore, to pay particular attention to tliese 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 execting 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 then ; 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 their own happinesss.
XVIII, That the people have a right to assemble together, to consult for their common good-to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition or remon- strance.
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 OF 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 formu 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 Coun- cil.
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 exrep- tions, as the General Assembly shall, by law, direct ; preserving always to the people, the right of choosing their colonels of militia, and all com. missioned officers under. that rank, in such manner, and as often, as by the said laws shall be directed.
-
247
FIRST CONSTITUTION.
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- watatives, and who is of a quiet and peaccable behaviour, and will take the following oa h ( or aifu mation ) shall be entitled to all the privileges of a freeman of this State.
1 - solemnly swear, by the ever living God, (or affirm, in the presence of Almighty God,) that whenever I am called to give my cote 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 favor of any man.
SECTION VII.
The House of Representatives of the Freemen of this State, shall consist 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 annual- ly, by ballot, by the freemen of this State, on the first Tuesday of Septent- ber, 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- bcations of their own members-they may expel a member, but not a se- cond time for the same cause-They may administer oatlıs (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 le- gislature 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."
* The constitution, as established on the 2d of July, 1777, provided that the first elec- tion should be holden in December, and that the Assembly should meet in January, fol- lowing Wr have before stated [page 30] that the constitution was re dised at a subse. Forin meeting of the Convention. Probably, however, no alteration was made at this meeting, except in the 8th section-postponing the times for the election, and first meet. joy of the members of the General Anscuibly. free addr's of the Council of safety t .: the inhabitants of Vermont, page 81.]
248
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 mnet 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, Ido 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 goodand punisher of the wicked. And I do acknowl. edge 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, for- ever afterward, as long as such representation shall be necessary. Any Delegate may be superceded, at any time, by the General Assembly ap- pointing another in his stead. No man shall sit in Congress longer than two years successively, nor be capable of re-election for three years after- wards ; and no person who holds any office in the gift of the Congress, 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 represent- atives to the General Assembly, two thirds of the members of the towns, that do elect and send representatives, (provided they be a majority of the inliabited towns of the whole State) when met, shall have all the pow- ers of the General Assembly, as fully and amply, as if the whole were present.
SECTION 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.
-
249
FIRST CONSTITUTION.
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.
SECTION XIV.
To the end that laws, before they are enacted, may be more maturely considered, and the inconveniency of hasty determination as much as possible prevented, all bills of public nature, shall be first laid before the Governor and Council, for their perusal and proposals of amendment, and shall be printed for the consideration of the people, before they are read In General Assembly, for the last time of debate and amendment ; ex- cept temporary acts, which, after being laid before the Governor and Council, may (in case of sudden necessity) be passed into laws ; and no other shall be passed into laws, until the next session of assembly. And for the more perfect satisfaction of the public, the reasons and motives for making such laws, shall be fully and clearly expressed and set forth in their preambles.
SECTION XV.
The style of the laws of this State shall be,-"Be it enacted, and it is hereby enacted, by the Representatives of the Freemen of the State of Vermont, in General Assembly met, and by the authority of the same."
SECTION XVI.
Iu order that the Freemen of this State might enjoy the benefit of elec- tion, 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 each, two representatives ; and each other inhabited town in this State may, in like manner, choose eaclı, one representative, to represent them in General Assembly, during the said septenary or seven years ; and after that, each inhabited town may, in like manner, hold such election, and choose each, one representative, forever thereafter.
SECTION XVII.
The Supreme Executive Council of this State, shall consist of a Gov- ernor, Lieutenant-Governor, and twelve persons, chosen in the following manner, viz 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,
H 2
E
250
FIRST CONSTITUTION.
who shall seal them up, and write on theni, votes for the Governor, and deliver them to the representative chosen to attend the General Assem- bly ; and, at the opening of the General Assembly, there shall be a com- mittee appointed out of the Council, and Assembly, who, after being du- ly sworn to the faithful discharge of their trust, shall proceed to receive, .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 ballot, shall make choice of a Governor.
The Lieutenant Governor and Treasurer, shall be chosen in the man- ner above directed; and each freeman shall give in twelve votes for twelve councillors, in the same manner ; and the twelve highest in nomi- nation shall serve for the ensuing year as Councillors.
The Council* that shall act in the recess of this Convention, shall sup- ply the place of a Council for the next General Assembly, until the new Council be declared chosen. The Council shall meet annually, at the same time and place with the General Assembly ; and every member of the Council shall be a Justice of the Peace for the whole State, by virtue of his office.
SECTION XVIH.
The Governor, and in his absence, the Lieutenant or Deputy Gover- or, with the Council-seven of whom shall be a quorum-shall have power to appoint and commissionate all officers, (except those who are appointed by the General Assembly,) agreeable to this frame of govern- ment, and the laws that may be made hereafter; and shall supply every vacancy in any office, occasioned by death, resignation, removal or dis- qualification, until the office can be filled, in the time and manner direct- ed by law or this constitution. They are to correspond with other States, and transact business with officers of government, civil and military; and to prepare such business as may appear to them necessary to lay be- fore the General Assembly. They shall sit as judges to hear and deter- mine on impeachments, taking to their assistance, for advice only, the justices of the supreme court ; and shall have power to grant pardons, and remit fines, in all cases whatsover, except cases of impeachment, and in cases of treason and murder-shall have power to grant reprieves, but not to pardon, until the end of the next session of the Assembly : but there shall be no remission or mitigation of punishment, on impeach. ments, except by act of legislation. They are also, to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by General Assembly ; and they may draw upon the Treasurer for such sums as may be appropriated by the House : they may also 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 licences as shall be directed by law. and shall have power to call together the General Assembly, when neces.
The Council of Safety is here alluded to.
251
FIRST CONSTITUTION.
sary, before the day to which they shall stand adjourned. The Govern- or shall be commander in chief of the forces of the State; but shall not command in person, except advised thereto by the Council, and then, only as long as they shall approve thereof. 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 sup- port it. «
SECTION XIX.
All commissions shall be in the name of the freemen of the State of Vermont, scaled 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 Council.
SECTION XX.
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 administration. All impeachments shall be before the Governor or Lieutenant Governor and Council, who shall hear and determine the same.
SECTION XXI.
The supreme court, and the several courts of common pleas of this State shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to perpetuating testimo- ny, obtaining evidence from places not within this State, and the care of persons and estates of those who are non compotes mentis, aud such other powers as may be found necessary by future General Assemblies, not inconsistent with this constitution.
SECTION XXII.
Trials shall be by jury ; and it is recommended to the legislature of this State to provide by law, against every corruption or partiality in the choice, and return, or appointment, of juries.
SECTION XXIII.
All courts shall be open, and justice shall be impartially administered, . without corruption or unnecessary delay ; all their officers shall be paid an adequate, but moderate, compensation for their services; and if any officer shall take greater or other fees than the laws allow him, either di- rectly or indirectly, it shall ever after disqualify him from holding any office in this State.
252
FIRST CONSTITUTION.
SECTION XXIV.
All prosecutions shall commence in the name and by the authority of the freemen of the State of Vermont, and all indictments shall conclude with these words, "against the peace and dignity of the same." The . style of all process hereafter, in this State, shall be,-The State of Ver- mont.
SECTION XXV.
The person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident or presumption great.
SECTION XXVI.
Excessive bail shall not be exacted for bailable offences : and all fines shall be moderate.
SECTION XXVII.
That the General Assembly, when legally formed, shall appoint times and places for county elections, and at such times and places, the free- men in each county respectively, shall have the liberty of choosing the judges of inferior court of common pleas, sheriff, justices of the peace, and judges of probates, commissioned by the Governor and Council, during good behavior, removable by the General Assembly upon proof of mal-administration.
SECTION XXVIII.
That no person, shall be capable of holding any civil office, in this State, except he has acquired, and maintains a good moral character.
SECTION XXIX.
All elections, whether by the people or in General Assembly, shall be by ballot, 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 future laws 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.
SECTION XXX.
All fines, licence money, fees and forfeitures, shall be paid, according to the direction hereafter to be made by the General Assembly.
253
FIRST CONSTITUTION.
SECTION XXXI.
All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns.
SECTION XXXII.
The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.
SECTION XXXIII.
As every freeman, to preserve liis independence (if without a suffi- cient estate) ouglit to have some profession, calling, trade or farm, where- by he may honestly subsist, there can be no necessity for, nor use in, es- tablishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen, in the possessors or expectants; faction, contention, corruption and disorder among the people. But if any man is called into public 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 lessened by the legislature.
SECTION XXXIV.
The future legislature of this State, shall regulate entails, in such man- ner as to prevent perpetuties.
SECTION XXXV.
To deter more effectually from the commission of crimes, by continu- ed visible punishment of long duration, and to make sanguinary punish- ments less necessary ; houses ought to be provided for punishing, by hard labor, those who shall be convicted of crimes not capital; wherein the criminal shall be employed for the benefit of the public, or for reparation of injuries done to private persons ; and all persons, at proper times, shall be admitted to see the prisoners at their labor.
SECTION XXXVI.
Every officer, whether judicial, executive or military, in authority un- der this State, shall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office. The Oath or Affirmation of Allegiance.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.