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 61
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The oath or affirniation of office.
You - - do solemnly 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 un affirmation, under the pains and penalties of perjury.)
SECTION XXVII.
Any delegate to Congress may be superceded at any time, by the General Assembly appointing another in his stead. No man shall be capable of being a delegate to represent this State in Congress, for more than three years in any term of six years ;-- and no person who holds
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REVISED CONSTITUTION.
any office in the gift of Congress, shall, during the time of his holding such office, be elected to represent this State in Congress. [10]
SECTION XXVIII.
Trials of issues proper for the cognizance of a jury, in the supreme and county courts, shall be by jury, except where parties otherwise agree ; and great care ought to be taken to prevent corruption or partiality in the choice and return, or appointment of juries. [22]
SECTION XXIX.
All prosecutions shall commence-by the authority of the State of Vermont ; all indictments shall conclude with these words-against the peace and dignity of the State.[24] And all fines shall be proportionate to the offices. [26.]
SECTION XXX.
The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up and and assigning over, bona fide, all his estate, real and personal, in possession, reversion or remainder, for the use of his creditors, in such manner as shall be hereafter regulated by law. And all prisoners, unless in execution, or committed for capital offences, when the proof is evident or presump- tion great, shall be bailable by sufficient sureties : [25] nor shall exces- sive bail be exacted for bailable offences. [26]
SECTION XXXI.
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 for- feit his right to elect at that time, and suffer such other penalty as the 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, and be subject so such further punishment as a future Legislature shall direct. [29]
SECTION XXXII.
All deeds and conveyances of land shall be recorded in the town clerk's office in their respective towns, and, for want thereof, in the coun- ty clerk's office of the same county. [31]
SECTION XXXIII.
The Legislature shall regulate entails in such manner as to prevent perpetuities. [34]
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REVISED CONSTITUTION.
SECTION XXXIV.
To deter more effectually from the commission of crimes, by contin- ued visible punishment of long duration, and to make sanguinary pun- ishment less necessary, means ought to be provided 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 reparation of injuries done to private persons : and all persons, at proper times, ought to be permitted to see them at their labor. [35]
SECTION XXXV.
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 natural way. Nor shall any article which shall accidentally occasion the death of any person, be. henceforth deemed a deodand, or in any wise forfeited, on account of such misfor- tune.
SECTION XXXVI.
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 residence, shall be deemed a free deni- zer thereof, and entitled to all the 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 As- sembly, until after two years residence. [38]
SECTION XXXVII.
The inhabitants of this State shall have liberty, in seasonable times, to liunt 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. [39]
SECTION ".XXVIII.
Laws for the encouragement of virtue, and prevention of vice and im- morality, ought to be constantly kept in force, and duly executed : [41] 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 State. [40]
SECTION XXXIX.
All private property, within this State, shall be rated according to the true value thereof, in all taxes to be hereafter levied ; except such per- sonal property as may, from time to time, be exempted by the Legisla-
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REVISED CONSTITUTION.
ture, for the encouragement of agriculture, arts, sciences and manufac- tures, or for relieving the poor and necessitous.
SECTION XL.
To prevent this commonwealth being perpetually drained of circula- ting specie, by uses not beneficial to the same, the Legislature ought to prevent corporations and societies in remote parts, (or any other person or persons in trust for them, or for their use) taking or holding any lands lying within this State, and to appropriate grants which have heretofore been made to such societies or corporations, to the use of literature within this community.[41] Provided, on account of the contiguity and use- fulness of the corporation of Dartmouth College to this State, this sec- tion shall not be understood to affect the said corporation, while the Col- lege is maintained in the town where it now stands.
SECTION XLI.
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 violated, on any pretence whatso- ever. [43]
SECTION XLII.
That the freedom of this commonwealth may be preserved inviolate for ever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and ninety-two, and in every seven years thereafter, in such modes as the Legislature shall by a future act particularly direct, thirteen persons, to be called the Council of Censors ; who shall be elected from the num- ber of those freemen who are not then members of either the Council or General Assembly, and meet together on the first Wednesday of June next ensuing their election ; (a majority of whom shall be a quorum in every case, except as to calling a convention, in which two thirds of the whole number elected shall agree)-whose duty it shall be to inquire, whether the constitution has been preserved inviolate in every part du- ring the last septenary; (including the year of their service)-and whether the legislative and executive branches of government have per- formed 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 commonwealth :- in what man- ner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers and records ; (and if any person shall neglect or refuse to attend them, and give any information required by the said Council (if able,) or to deliver to them any papers or records in his or her custo- dy, which shall be wanted by them in the course of their inquiry ; upon the complaint of said Council to any justice of the peace, he or she shall (unless sufficient cause be shown to the contrary ) be committed, by such
T 3
E
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REVISED CONSTITUTION.
justice, to the common goal, there to remain until he or she shall delive? up such papers or records, or (if able) give such information as is requir- ed, and pay costs of prosecution.) *-- They also shall have authority to pass public censures,-to order impeachments, and to recommend to the Legislature the repealing such laws, as appear to them to have been en- acted contrary to the principles of the constitution. These powers they shall continue 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 sit- ting, if there appears to them an absolute necessity of ainending any ar- ticle of this constitution which may be defective,-explaining such as may be thought not clearly expressed, and of adding such as are necessa- ry for the preservation of the rights and happiness of the people: but the articles to be amended, and the amendments proposed, and such ar- ticles as are proposed to be added or abolished, shall be promulgated at least three months before the day appointed for the election of such con- vention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. [ 14]
SECTION XLIII.
The next election of Councillors and Representatives shall be in those of the modes mentioned in the preceding Frame of Government, which shall be thought most eligible by the convention, appointed to de- termine upon the alterations recommended by this Council of Censors, to be made in this constitution : and the persons chosen shall convene, on the second Thursday in October next, at such place as the present Assenibly shall appoint. And the said convention is invested with pow .. er (for the next election only) to divide the State into districts, or appor- tion the number of Representatives to the several counties, as the said convention shall think just. And it is hereby recommended to the said convention to ascertain a mode of election, and publish it for the infor - mation of the freemen, as seasonably as may be.
[Note .- For the word offices, which, in a few copies, will be found at the close of the 29th section of the foregoing Constitution, read offences.]
In Council of Censors, October 20, 1785.
Whereas, there appears to this Council, for the preservation of the rights and happiness of the people an absolute necessity of amending
* 'Tue addition here proposed, to the 44th section of the original Constitution, it is presumed, was suggested by the refusal of Col. Matthew Lyou, to deliver the records of the court of confiscation to the Council of Censors; as appears by the following resolu- tion of the 15th of October, 1785, found in their journal, viz ;--
" Resolved, that Col Matthew Lyon be impeached before the Governor and Council of this State, for refusing to deliver to the order of this board, the records of the court of confiscation ; and that the President be directed to acquaint the House of Assembly therewithi, and request them to appoint council to prosecute the same to effect, during the present session of the Legislature."'
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REVISED CONSTITUTION.
and explaining several articles of the constitution of this State, and of making some additions thereto.
Therefore, by virtue of the power and authority vested in this Council by the 44th section of the Frame of Government, it is unanimously
Resolved, that the first constable of each town in this State be, and is hereby directed, at least six, and not more than twelve days, previous to the second Tuesday of June next, to warn a meeting of the inhabi- tants of their respective towns, to be held at the usual place of holding freemen's meetings within the same, at two o'clock in the afternoon of the said second Tuesday of June, (by giving personal notice thereof ) then and there (if they shall see proper) to elect one member of a con- vention, to be held for the purposes abovementioned, in the same mail- ner as Representatives in Assembly are legally to be chosen : and that the said constable, or in case of his absence the town clerk, certify the due election of the person chosen.
And that it be, and is hereby recommended to the said members of con- vention, to convene on the last Thursday of said June, at the meeting- house in Manchester, to carry into execution the important purposes of their appointment.
And in order to have the persons authorised to determine upon the propriety of the several alterations proposed in the constitution, unbiassed by interest,
Resolved, that in the opinion of this Council, the Governor, Lieuten- ant-Governor, Treasurer of the State, members of the Comcil of the State, Council of Censors, or General Assembly, officers who hold their com- missions during good behaviour, and other officers who may be interest- ed by the alterations proposed to be made in the constitution, ought not to be elceted members of such convention.
Extract from the minutes,
MICAH TOWNSEND, Secretary.
ADDRESS
OF THE COUNCIL OF CENSORS.
. To the Freemen of the State of Vermont :
YOUR Council of Censors, elected agreeably to the XLIVth section of the Constitution, after having maturely considered the Frame of Gov- ernment which has been the rule of political conduct for the inhabitants of this State, the last septenary ; highdy approving the principal part of it; with the greatest diffidence of their own judgment, and respect for the patriotism and abilities possessed by the formers of the present Con- stitution, have proposed certain alterations, heretofore offered to your
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ADDRESS OF THE
consideration. In so doing, we principally had in view rendering gov- erninent less expensive, and more wisc and energetic; objects, in the opinion of this Council, more especially during the infancy of a com- monwealth, worthy the attention of its freemen. The taxes which have been collected some years past for the support of government, demon- strate the expediency of the former ; and every man's observation will suggest to him the necessity, for our political happiness ani credit, of having government properly maintained, and the judicial and executive offices therein, filled by persons of the greatest wisdom and virtue.
In the proposed alterations, we endeavored to guard, in future, against what is esteemed by this Council (our circumstances considered) to have been an error in the Constitution-electing persons to judicial and ex- ecutive trusts, during good behavior : as it invested them with estates in their offices, which, without an alteration of the Frame of Government, cannot be legally taken from them, but by proving, in a judicial course of proceeding, instances of mal-administration. We therefore left it in
the power of the Governor, Council, and Assembly, (whom we view in the present condition of the State, to be most competent to the election of judicial, and the several executive officers, which, in the proposed al- terations, they are authorised to choose) annually to leave out any one who shall be found unequal to, or otherwise improper for, his trust, and appoint a more suitable person in his place. But this Council is not without hope that the ensuing septenary will furnish men so adequate to those offices, that the tenure of them may, consistent with the public in- terest, be put upon a more stable footing.
We also endeavored, after the example of some other States, to guard against the future introduction of an aristocratic power, destructive of the common weal, by providing that the same person should not, at one time, be invested with too many important offices, especially where one would be a hindrance to his properly discharging the duties of the other. And likewise to prevent any family, or party, in future, having it in their pow- er to establish a set of connexions, prejudicial to the community, by pro- viding that certain officers, of the greatest influence and importance, should, at stated periods, be reduced to the common level ; and by being thus constantly reminded of their political mortality, be induced to act well their parts while on the stage.
This Council proposed for your option two plans for electing Council- lors and Representatives in Assembly, each differing from the mode now in use, but one of them necessarily consequent to the design of reducing the number : if either meets with your approbation, we shall be happy ; yet cannot but wish the choice of Representatives in a county convention may have a trial for one septenary.
In reviewing the proceedings of the legislative and executive branches of government, and examining whether they have performed their duty, "as guardians of the people, or assunicd to themselves, or exercised, other or greater powers than they were entitled to by the Constitution," it affords us great pleasure to find matters of commendation, yet accom- panied with the mortification of having some to censure. But as the
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COUNCIL OF CENSORS.
Constitution has allotted us solely, the last, and more unpleasing task, we can only in general observe, that, under God, this commonwealth is much indebted, even for its present existence as a separate community, to that undaunted firmness, and prudent vigilance for the public safety, which has been usually maintained in the legislative and executive departments, since the era of our independence. At open war with the most potent nation in Europe ;- frequently threatened with invasions from a sister State, and, by her insidious arts, a powerful disaffection fomented within the bowels of this commonwealth-denied relief from the authority who alone, under Heaven, could give it ;- we have reason to look up, with gratitude, to that Being who is wisdom, and by whom a few husbandmen, unexperienced in the arts of governing, have been enabled to pilot the ship 'hrough storms and quick sands, into the haven of independence and safety ; and to admire when we consider how much was to be done, and by whom, that it has been so well done.
But we are obliged to check such agreeable thoughts, and however irk- some to our feelings, turn our attention to the province allotted us; cen- suring such unconstitutional proceedings as may be drawn into precedent, if Iett unnoticed.
We would premise in the words of Judge Blackstone, that, "in all tyrannical governments, the riglit both of making and enforcing the laws, is vested in one and the same man, or one and the same body of men, and wherever these two powers are united together, there can be no pub- lic liberty." The convention who framed the Constitution of this State, aware of this. by a decided distribution of power, assigned the legislative authority to the Representatives of the people in General Assembly, and the supreme executive, to the Governor and Council ; and from the last, again severed the judicial, and rendered it independent of both. And to preserve this balance of power, thus carefully made, and guard against any encroachment of one on the proper authority of either of the other, the convention made it the duty of the Council of Censors to inquire, " whether the legislative and executive branches of government have as- sumned to themselves, or exercised, other or greater powers than they are entitled to by the Constitution."
In how many soever instances, therefore, the legislative and executive authorities have transgressed the limits marked out to them by the Con- stitution, and intruded upon the province allotted to the other, (whatever temporary reasons they might have for so doing) they are certainly, in those particulars, deserving of severe censure, as such conduct, from per- sons entrusted with the important charge of making and executing laws, (by trampling upon the fundamentals of government, which ought to be held sacred) naturally tends to introduce tyranny on the one hand, or an- archy on the other.
In some instances, however, it is probable that the Constitution lias been invaded through necessity, in times of extreme danger, when good men were induced to hazard all consequences for the sake of preserving ulir existence as a people ; yet in a review of these proceedings, we have thought proper. to advert even to such breaches of the Constitution, lest
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ADDRESS OF THE
they should be made use of as precedents when no such necessity shail exist.
Some instances of the Council's assuming power not delegated to them, we now proceed to select from their journal.
On the 17th June, and 20th October, 1778, they take the very extra- ordinary step of divorcing Laurania M'Clane,* and Ruth Chamberlain, from their respective husbands, and declaring their right of marrying again.
On the 14th November, 1781, they resolve, that Doctor John Page, be remitted one fourth part of the debt due from him to Colonel William Marsh, on account of his debts being contracted in Continental money. It is to be observed that the debts of Colonel Marsh, by the confiscation of his estate, had, before that time, become the property of this com- monwealth ; and that in April, 1781, the law fixmg a general scale of depreciation for all debts contracted in continental money, had passed. Why then, Doctor Page should be made an exception to the general rule, or from whence the authority was derived, that, in this instance, altered or dispensed with the operation of the law, we are left in the dark.
In the several acts of the Legislature respecting the survey of town lines, the Governor and Council are, in the opinion of this Board, invest- ed with the sole power and trust of adjusting the accounts of the several persons employed in running those lines : yet we find that in March, 1784, the Council resolve, "That the Surveyor-General settle the accounts of the several Surveyors under his direction, for their services in running town lines, and draw orders therefor, or for the payment thereof, on the hard money tax."
This (however respectable the character of the Surveyor-General may be) appears to this Council to have been delegating a trust, committed to them solely to execute, and into very unsuitable hands, as it effectually destroyed the check intended by the Legislature upon the Surveyor's de- partment. And in the view of this Council, it was a disposition of the. public money not intended or authorised by the Legislature, as ample provision appears to have been made by law for compelling the proprie- tors and inhabitants of the several towns to defray the expense of those surveys.
On the 15th February, 1782, the Legislature enacted, " that all pub- fic acts, papers and records, that belong to the State, (excepting the par- ticular-records and papers of the Council) be deposited and remain in the hands of the Secretary of State." "That he attest and register char- ten of incorporation, grant copies of all records," &c .* On the 10th March, 1784, the Council resolve, " that the Secretary of Council keep in his office, all the records, and copies of charters of lands granted pre- rious to October, 1781 ;" and that, " on account of the disputes respect- ing bounds of townships, which may occasion the alteration of some charters already given, he be directed not to record any more charters till the further order of Council .??
. See the act divorcing Lamovie We're per 2.0. Septy !!
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COUNCIL OF CENSORS.
How the Secretary of State, and Secretary of the Council, can both, at the same time, possess the records of charters granted previous to Ocio- ber, 1781; or from whence the Council derive their power to alter or contravene acts of the Legislature, when it is by the Constitution made a principal part of their duty to see them faithfully executed, is beyond our comprehension : nor do we readily conceive in what manner charters al- ready.completed, can, with propriety, suffer an alteration.
On the 9th March, 1784, the General Assembly, in order to facilitate what had been so long and ardently wished for by them, and every good subject of this State, a final settlement of the public accounts, to enable the auditors to detect embezzlements, (if any) and the Legislature to pro- vide for the payment of debts due from confiscated estates; made it the duty of the auditors to call on all persons who had acted in the ca- pacity of commissioners of sequestration, &c. for such books, bonds, deeds, notes, and papers, as had come to their possession by virtue of their appointment ; and the said books and papers to inspect, examine, and liquidate ; and to record in proper books, the estates, real and per- sonal, which had been confiscated ; specifying which had been sold, by whom, and whose order, and the several amounts in real value. And if any person possessed of any such public papers, should neglect to deliver them to the anditors, after demand made by them in writing for that pur- pose, he was, by said act, to forfeit a sum, not exceeding twenty-five thousand pounds.
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