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 60
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IX. That all elections ought to be free and without corruption ; and that all freemen, having a sufficient evident common interest with, and attachment to, the community, have a right to elect officers, and be elect- ed into office.
X. That every member of society hath a riglit to be protected in the enjoyment of life, liberty and property, and therefore is bound to contri-
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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 publ's uses, without his own consent, or that of the representative body of the freemen ; nor can any man, who is conscientiously scrupulous 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, 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 ap- pear evident to the Legislature to be of more service to the community, than the money would be, if not collected.
XI. 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 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 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.
XII. Laws made to punish actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are uujust, oppressive and inconsistent with the fundamental principles of a free government.
XIII. Warrants, without oaths or affirmations first made, affording sufficient foundation for them, whereby any officer or messenger may be authorised or required to search suspected places, or to scize any person or persons, his, her, or their property, not therein particularly described, ought not to be granted in any criminal matter or complaint.
XIV. Thia when an issue in fact, proper for the cognizance of a jury, is joined in a court of law, the parties have a right to a trial by jury, which ought to be held sacred.
XV. That the people have a right to freedom of speech, and of wri- ting and publishing their sentiments, concerning the transactions of gov- ernment :- and therefore the freedom of the press ought not to be re- strained.
XVI. The freedom of deliberation, speech and debate in the Legisla- ture, is so essential to the rights of the people, that it cannot be the foun- dation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.
XVII. 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 only, as the Legislature shall expressly provide for.
XVIII. That the people have a right to bear arms for the defence of the community. And as standing armies, in the time of peace, are dan- gerous to liberty, they ought not to be supported, unless there shall be imminent danger of an invasion, insurrection or rebellion, and then, only during the existence of those causes : and that the military should be kept under strict subordination to, and governed by, the civil power.
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XIX. That no person in this commonwealth can, in any case, be sub- jected 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.
XX. 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, in a legal way, to exact a dne 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.
XXI. 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 their own happiness.
XXII. That the people have a right, in a legal way, to assemble to- gether in their respective towns to consult for their connnon good ; to in- struct their representatives, and to apply to the Legislature for redress of grievances, by address, petition, or remonstrance.
XXIII. That no person shall be liable to be transported out of this State, for trial for any offence committed within the same.
CHAPTER IL.
PLAN OR PRAME OF GOVERNMENT.
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SECTION I.
THE COMMONWEALTH OF STATE of VERMONT, shall be governed hereafter, by a Governor, (or Lieutenant-Governor,) Council, and an Assembly of the Representatives of the freemen of the same, in manner and form following. [1]*
SECTION II.
The supreme legislative power shall be vested in such Assembly. [2]
SECTION III.
The supreme executive power shall be vested in a Governor (or, in huis absence, a Lieutenant-Governor) and Council. [3]
SECTION I.
Courts of justice shall be maintained in every county in this State, [4] and also in new counties when formed; which courts shall be open for
* The figures er closed in brackets, refer to the sections in the original Constitution ; which may be seen in a preceding part of this volume,-page 241-55.
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the trial of all causes proper for their cognizance, and justice shall be therein impartially administered, without corruption, or unnecessary de- lay.[23] 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 offices, (except in the trial of such causes as may be appealed to the county court.)
SECTION V.
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 appear for the interest of the commonwealth ; and also a court to correct the errors of the supreme court of judicature : provided they do not constitute themselves the judges of either of the said courts.
SECTION VI.
The legislative, executive, and judiciary departments, shall be sepa- rate and distinct, so that neither exercise the powers properly belonging to the other.
SECTION VII.
To prevent unnecessary expense in legislation, for the more deliberate and expeditious proceeding in that important business, and that the free- men may be better and more equally represented, the whole number of Representatives in Assembly shall not exceed fifty ; to be elected in manner following :*- each organized town in this State, [16] on the first Tuesday in September annually, shall have liberty to choose one able, discreet freeholder, to represent them in a county convention, to be held at such time and place as the Legislature shall by law, appoint; the members of which convention, when niet, shall, by ballot, elect from their own body so many of said representatives (to consist of persons most noted for wisdom and virtue [7]) as the Legislature shall, in future, limit, having respect to the grand list of each county, in apportioning the number.
* The Council of Censors also propose, instead of the remainder of section VII, the following clause, to be at the election of the conven- tion, viz :- The Legislature shall, in their first session after the appro- bation of this section of the Constitution, (having regard to the grand list, the local situation of, and the probability of a disproportionate in- crease of population in, the diferent districts ) dicide the whole State into fifty districts, to continue for three years next after the division ; [16] and provide for the duc and orderly election of oue representa- tive in Assembly from each district, in such manner that the votes shall be received in the respective towns. That the Legislature shall harr power, (if a different increase of population in the respective districts shall render it necessary ) twice in each septemary, forever hereafter, and no oftener, to divide the said districts in a more equal manner.
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SECTION VIII.
'The representatives, so chosen, (a majority of whom shall constitute a quorum [9] 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 : [8] they 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 qual- ifications of their own members : they may expel members, but not for causes known to their constituents antecedent to their election : they may administer oaths or affirmations, in matters depending before them- redress grievances-impeach State criminals-grant charters of incor- poration-constitute towns, boroughs, cities, and counties : they may an- nually, in the first session after their election, and at other times, wlien vacancies happen, choose delegates to Congress [10] (subsequent to the admission of this State into confederation with the United States ;) and shall also, in conjunction with the Council, annually (or oftener if need be) elect judges of the supreme and several county and probate courts, sheriffs, and justices of the peace ; [27] and also, with the Comcil, may elect major-generals and brigadier-generals, [42] from time to time, as often as there shall be occasion, to hold their offices during the pleasure of the Legislature : and they shall have all other powers necessary for the Legislature of a free and sovereign State : [8] but they shall have no pow- er to add to, alter, abolish, or infringe any part of this constitution.
SECTION IX.
The Council of this State shall consist of one able, discreet freeholder, to be chosen from each county in the State, by freemen residing in the same county, in manner following : [17]- The freemen of each town shall, annually, on the first Tuesday in September, bring in their votes for one Councillor, residing in the county in which such town lies, with his name fairly written, to the presiding officer of the meeting, who shall seal them up in the presence of the freemen, and write on the paper con- taining the same,-Votes for a Councillor,-and the name of the town where taken,* and deliver them to the person chosen to attend the county
If the Convention prefer the mode of dividing the State into dis- tricts for the choice of representatives, to that of choosing them in coun- ty convention ;- the Council of Censors propose the following instead of the remainder of section 1 X, viz :- Which votes (at a certain time and place, to be appointed by the Legislature, in their first session after the approbation of this article ) shall, by the several presiding officers of the freemen's meeting, or (in case of either of their necessary absence ) by one of the selectmen of the same town, be delivered, sealed, to the high sheriff of the same county, or, in case of his necessary absence, to one of his deputies by the high sheriff appointed for the purpose, who shall be
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convention for the purpose of electing representatives in Assembly :-- which convention, when met, (after choosing a chairman and clerk of the same) before their proceeding to the choice of representatives, shall sort and count the votes for a Councillor, and shall declare the person who has the greatest number of votes, duly elected for the year ensuing : and if there shall be a tie, the convention shall choose one of those who have the greatest number of votes, to be Councillor for the year ensuing ; which chairman shall give official notice of such choice to the person elected; and the said notice shall be a sufficient credential of such election.
SECTION X.
The freemen of each town shall, on the first Tuesday of September, in every year, bring in to the constable, their votes for some able. discreet freeholder, residing in this State, to be Governor, [17] with his name fairly written ; who shall seal them up in the presence of the freemen, and write on the paper inclosing them, -Votes for Governor, -- and the name of the town where taken, and deliver them to some representative chosen to attend the General Assembly : and at the opening of the said Assembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort and count the votes for the 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 Gov- ernor. The Lieutenant-Governor and Treasurer shall also be chosen in the manner above directed.
SECTION XI.
The Governor, and in his absence the Lieutenant-Governor, with the Council, (a major part of whom, including the Governor or Lieutenant- Governor, shall be a quorum to transact business) shall have power to commissionate all officers, [18]-and also to appoint officers, except where provision is, or shall be, otherwise made by law, or this Frame of Govern- ment ;- and shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by ›law, or this constitution .- They are to correspond with other States,- transact business with officers of government, civil and military, and to prepare such business as may appear to them necessary to lay before the
moderator of the same meeting; and after a choice made of a clerk of the meeting by the persons convened, they shall sort and count the votes for a Councillor, and shall declare the person who has the greatest number of votes, duly elected for the year ensuing :- and if there shall be a tie, the persons convened shall choose one of those who have the greatest number of votes to be Councillor for the year then coming ;- which moderator shall give official notice of such choice to the person elected, and the said notice shall be a sufficient credential of such clection.
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General Assembly .- They shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the judges of the supreme court ;- and shall have power to grant pardons, and remit fines, in all cases whatsoever, except in treason and murder, in which they shall have power to grant reprieves, but not to pardon until after the end of the next session of Assembly ; and except in cases of impeachment, in which there shall be no remission or mitigation of punishment, but by act of legislation .- They are 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 the General Assembly ;- and they may draw upon the treasurer for such sums as may be appropriated by the House of Re- presentatives .- 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 necessary, before the day to which they shall stand adjourned. The Governce shall be Captain-General and Commander in Chief of the forces of the State, but shall not command in person, except advised there- to by the Council, and then only as long as they shall approve thereof : and the Lieutenant-Governor shall, by virtue of his office, be Lieutenant- General of all the forces 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 vir- tue 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.[17] The Governor and Council shall have a clerk, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it.
SECTION XII.
The representatives having met, and chosen their speaker and clerk, [9] shall, each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegiance herein after directed, (except where they shall produce certificates of their having theretofore taken and subscribed the same) as the following oath or affirmation, viz :
You - do solemnly swear (or afirm ) that, as a member 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, that 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, represen- tative and guardian of the people, according to the best of your judg- ment and abilities. ( In case of an oath,) So help you God. ( And in ease of an affirmation ) under the pains and penalties of perjury.
And each member, before he takes bis seat, shall make and subscribe the following declaration, viz :
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You do believe in one God, the Creator and Governor of the universe, the rewarder of the good, and punisher of the wicked. And you do ac- knowledge the scriptures of the old and new testament, to be giren 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 XIII.
The doors of the House in which the General Assembly of this com- monwealth shall sit, shall be open for the admission of all persons who behave decently, except only when the welfare of the State may require them to be shut.[12]
SECTION XIV.
The votes and proceedings of the General Assembly shall be printed (when one third of the members think it necessary ) as soon as conven- iently may be, after the end of each session, with the yeas and nays on any question, when required by any member ; except where the votes shall be taken by ballot, in which case every member shall have a right to insert the reasons of his vote upon the minutes. [13]
SECTION XV.
The stile of the laws of this State, in future to be passed, shall be,-It is hereby enacted by the General Assembly of the fate of Vermont. [15]
SECTION XVI.
To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented,[14] all bills which originate in the Assembly, shall be laid before the Governor and Council, for their revision, and concur- rence or proposals of amendment ; who shall return the same to the As- sembly, 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 Council 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 five days, or before the rising of the Legislature, the same shall become a law.
SECTION XVII.
No person ought, in any case, or in any time, to be declared guilty of treason or felony by the Legislature.
SECTION XVIII.
Every male freeholder, in the right of himself or his wife, of the age of twenty-one years and upwards, having resided in this State for the space
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of one whole year next preceding any election of representatives, or who has rented a tenement therein for the said time, of the yearly value of four poun is, and been rated, and actually paid taxes to this State for the same, who is of a quiet and peaceable behavior, shall be entitled to vote in the election of such officers as are to be chosen by the freemen.[6]
SECTION XIX.
The inhabitants of this commonwealth shall be trained and armed for its defence, under such regulations, restrictions, and exceptions, as the General Assembly shall, by law, direct. The several companies of mi- litia shall, as often as vacancies happen, elect their captains and other in- ferior officers ; and the captains and subalterns shall nominate and re- commend the field officers of their respective regiments, who shall ap- point their staff officers. [5]
SECTION XX.
All commissions shall be in the name of the freemen of the State of Vermont, sealed with the State seal, signed by the Governor, or in his ab- sence, the Lieutenant Governor, and attested by the Secretary of the State ; which seal shall be kept by the said Secretary. [19]
SECTION XXI.
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, and may award costs. [20]
SECTION XXII.
All officers shall be paid an adequate, but moderate, compensation for their services : and if any officer shall wittingly, and knowingly, take greater fees than the laws allow him, either directly or indirectly, it shall ever after disqualify him from holding any office in this State :[23] and whenever an office, through increase of fees, or otherwise, becomes so profitable as to occasion many to apply for it, the profits ouglit to be les- sened by the Legislature. [33] And no person shall be capable of holding any civil office in this State, except he has acquired and maintains a good moral character.[28]
SECTION XXIII.
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, Delegate, Agent or Commissioner to Congress or any other State or Power, Chancellor, Judge of the Supreme Court, Treasurer of the State, member of the Council,amember of the General Assembly, Surveyor-General, or Sheriff. Nor shall any person be capa- ble of serving in the office of Governor, more than four years successively ;
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nor of re-election to the same office within four years from the expiration of the time for which he was last elected Nor shall any person be capable of serving as Treasurer of the State more than three years suc- cessively ; nor capable of re-election to the same office after the said term, until his accounts as Treasurer are completely settled. And no person shall be capable of serving as High Sheriff for any county, more than three years successively ; nor of re-appointment to the said office, within three years from the expiration of the said term.
SECTION XXIV.
The Treasurer of the State shall, before the Governor and Council, give sufficient security to the Secretary of the State, in behalf of the Gen- eral 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 manner, and in such sums, as shall be directed by the Legislature.
SECTION XXV.
The Treasurer's accounts shall be annually audited, and a fair state thereof laid before the General Assembly, at their session in October.
SECTION XXVI.
Every officer, whether judicial, executive or military, in authority un- der this State, [36] before he enter upon the execution of his office, shall take and subscribe the following oath or affirmation 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 such as shall be exempted by the Legislature) viz :-
The oath or affirmation of 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 constitution or govern- ment thereof, as established by convention. ( If an outh) So help you God. ( If an affirmation, under the pains and penalties of perjury.)
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