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Constitution of Vermont - July 4, 1786
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to the King of Great-Britain: and the said King has not only withdrawn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 cruel 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 domination of the British
Parliament, with many more acts of tyranny, (more fully set forth in the
Declaration of Congress) whereby all allegiance and fealty to the said
King and his Successors are dissolved 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 Vermont, did
antecedently of right belong to the government of New-Hampshire, and the
former Governor thereof, viz. his excellency Benning 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 inhabitants were desirous of
being annexed to that government) obtained jurisdiction 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 State, in their landed
property, which will appear in the complaints hereafter 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 Proprietors and Occupants, unless at the exorbitant rate
of 2,300 dollars fees for each township; and did enhance the quitrent
threefold, and demanded an immediate delivery of the title derived from
New-Hampshire.
The Judges of their Supreme Court have made a
solemn declaration, that the charters, conveyances, &c., 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 assisting 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 Britannic 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 defense of
their just rights.
They did pass twelve acts of outlawry on the
ninth day of March, A. D. 1774, empowering 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 any settlement of
this State.
They have hired foreign troops, emigrants from
Scotland, at two different 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 Gloucester, and establish courts of justice there, after
they were discountenanced 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 quitrents,
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 favour: 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, which, at the extreme part, is upward of four
hundred and fifty miles from the seat of that government, renders it
extreme 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 independent State, and that a just, permanent, and
proper form of government should exist in it, derived from and founded
on the authority of the people only, agreeable to the direction of the
honorable American Congress.
We the Representatives of the freemen of
Vermont, in General Convention 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 posterity, and provide for future improvements,
without partiality for, or prejudice against, any particular class,
sect, 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 effectual obtaining and securing the
great end and design of all government, 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 protecting property-and pursuing and
obtaining happiness and safety. Therefore, no male person, born in this
country, or brought from over sea, ought to be holden by law to serve
any person, as a servant, slave, or apprentice, 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 to such age; or bound by law for the payment of debts,
damages, fines, costs, or the like.
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.
III. That all men have a natural and unalienable
right to worship Almighty God according to the dictates of their own
consciences and understandings, as In their opinion shall be 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 be justly deprived or abridged of any civil
right as a citizen, on account of his religious sentiments, 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 control the rights of conscience, in
the free exercise of religious worship: Nevertheless, every sect or
denomination of Christians ought to observe the Sabbath or Lord's day,
and keep up some sort of religious worship, which to them shall seem
most agreeable to the revealed will of God.
IV. Every person within this Commonwealth ought
to find a certain remedy by having recourse to the laws, for all
injuries or wrongs which he may receive in his person, property, or
character: he ought to obtain right and justice freely, and without
being obliged to purchase it-completely, and without any
denial-promptly, and without delay; conformably to the laws.
V. That the people of this State, by their legal
representatives, have the sole, exclusive and inherent right of
governing and regulating the internal police of the same.
VI. That all power being originally inherent in,
and consequently derived from the people; therefore, all officers of
government, whether legislative or executive, are their trustees and
servants, and at all times, in a legal way, accountable to them.
VII. That government is, or ought to be,
instituted for the common benefit, protection and security of the
people, nation, or community: and that the community hath an
indubitable, unalienable, 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 or alter government, in
such manner as shall be, by that community, judged to be most conducive
to the public weal.
VIII. That those who are employed in the
legislative and executive business of the State may be restrained from
oppression, the people have a right, by their legal representatives, to
enact laws for reducing their public officers to a private station, and
for supplying their vacancies in a constitutional manner, by regular
elections, at such periods as they may think proper.
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 elected into office.
X. That every member of society 1latll 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 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 the people bound by any law, belt
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 appear 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 for evidence in his favour, 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.
XII. That the people have a right to hold
themselves, their houses, papers and possessions, free from search or
seizure: and therefore warrants, without oaths or affirmations first
made, affording 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.
XIII. 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 losing
his, her, or their debts.
XIV. That 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 of freedom of
speech and of writing and publishing their sentiments, concerning the
transactions of government-and therefore the freedom of the press ought
not to be restrained.
XVI. The freedom of deliberation, speech, and
debate, in the legislature,- is so essential to the rights of the
people, that it can not be the foundation 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 defense 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.
XIX. That no person in this Commonwealth can, in
any case, be subject 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 government 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 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.
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 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 remonstrance.
XXIII. That no person shall be liable to be
transported out of this State, for trial for any offence committed
within the same.
CHAP. II
PLAN OR FRAME OF GOVERNMENT
SECT. I. THE Commonwealth or 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:
II. The supreme legislative power shall be
vested in a House of Representatives of the freemen, or Commonwealth, or
State of Vermont.
III. The supreme executive power shall be vested
in a Governor, (or, in his absence, a Lieutenant-Governor) and Council.
IV. Courts of justice shall be maintained in
every county in this State, and also in new counties when formed; which
courts shall be open for the trial of all causes proper for their
cognizance, and justice shall be therein impartially administered,
without corruption, or unnecessary delay. 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 cases as may be
appealed to the County Court.
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: Provided they do not
constitute themselves the Judges of the said Court.
VI. The legislative, executive and judiciary
departments shall be separate and distinct, so that neither exercise the
powers properly belonging to the other.
VII. In order that the freemen of this State may
enjoy the benefit of election, as equally as may be, each town within
this State, that consists or may consist of eighty taxable inhabitants,
within out septenary or seven years next after the establishing this
Constitution. may bold elections therein, and choose each two
representatives; and each other inhabited town in this State may, in
like manner, choose each 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.
VIII. The House of Representatives of the
freemen of this State shall consist of persons most noted for wisdom and
virtue, to be chosen by ballot by the freemen of every town in this
State respectively, on the first Tuesday of September annually forever.
IX. The representatives, so chosen, (a majority
of whom shall constitute a quorum 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: 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 qualifications 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 incorporation-constitute towns, boroughs, cities and
counties: they may annually, in their first session after their
election, and at other times when vacancies happen, choose Delegates to
Congress: 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: and also with the
Council, may elect Major-Generals and Brigadier-Generals, from time to
time, as often as there shall be occasion; and they shall have all other
powers necessary for the Legislature of a free and sovereign State: but
they shall have no power to add to, alter, abolish, or infringe, any
part of this Constitution.
X. The Supreme Executive Council of this State
shall consist of a Governor, 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, who shall seal them up, and write on them,
Votes for the Governor, and deliver them to the representative
chosen to attend the General Assembly: and at the opening of the General
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 Governor.
The Lieutenant-Governor and Treasurer shall be
chosen in the manner above directed. And each freeman shall give in
twelve votes for twelve counselors, in the same mariner: and the twelve
highest in nomination shall serve for the ensuing year as counsellors.
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 commission all officers-and also to
appoint officers, except where provision is or shall be otherwise made
by law, or this frame of government; and shall supply every vacancy in
any office occasioned by death or otherwise, until the office can be
filled in the 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 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 Representatives. 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 licenses as shall be directed by law' and shall have power to
call together the General Assembly, when necessary, before the day to
which they shall stand adjourned. The Governor shall be captain-general
and commander-in-chief of the forces of the State, but shall not command
in person, except advised thereto by the Council, and then only 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 virtue of their offices, preside in
Council, and have a casting, but no other vote. Every member of the
Council shall be a Justice of the Peace for the whole State, by virtue
of his office. The Governor and Council shall have a Secretary, and keep
fair books of their proceedings, wherein any counselor may enter his
dissent, with his reasons to support it.
XII. The representatives, having met, and chosen
their speaker and clerk, 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 heretofore taken and subscribed the same)
as the following oath or affirmation, viz.
You- do solemnly swear, (or affirm) 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 nor 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 representative and guardian of the
people, according to the best of your judgment and abilities. (In case
of an oath) So help you God. (And in case of an affirmation) Under the
pains anal penalties of perjury.
And each member, before he takes his seat, shall
make and subscribe the following declaration, viz.
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 acknowledge 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.
XIII. The doors of the House, in which the
General Assembly of this Commonwealth shall sit, shall be open for the
admission of all persons who behave decently, except only when the
welfare of the State may require them to be shut.
XIV. The votes and proceedings of the General
Assembly shall be printed (when one third of the members think it
necessary) as soon as conveniently 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.
XV. The style of laws of this State, in future
to be passed, shall be, It Is hereby enacted by the General, Assembly
of the State of Vermont.
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, all bills which originate
in the Assembly shall be laid before the Governor and Council for their
revision and concurrence, or proposals of amendment; who shall return
the same to the Assembly, with their proposals of amendment (if any) in
writing: and if the same are not agreed to by the Assembly, it shall be
in the power of the Governor and 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.
XVII. No person ought, in any case, or in any
time, to be declared guilty of treason or felony by the Legislature.
XVIII. 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 representatives, and is of a Quiet and
peaceable behavior, and will take the following oath, (or affirmation)
shall be entitled to all the privileges of a freeman of this State.
You solemnly swear, (or affirm) that whenever
you give your vote or suffrage, touching any matter that concerns the
State of Vermont, you will do it so as in your conscience you shall
judge will most conduce to the best good of the same, by the
Constitution, without fear or favor of any man
XIX. The inhabitants of this Commonwealth shall
be trained and armed for its defense, under such regulations,
restrictions, and exceptions, as the General Assembly shall by law
direct. The several companies of militia shall, as often as vacancies
happen, elect their captains and other inferior officers; and the
captains and subalterns shall nominate and recommend the field officers
of their respective regiments, who shall appoint their staff-officers.
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, and in his absence the Lieutenant-Governor, and attested
by the Secretary; which seal shall be kept by the Council.
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
mar-administration. All impeachments shall be before the Governor or
Lieutenant-Governor, and Council, who shall Lear and determine the same,
and may award costs.
XXII. As every freeman, to preserve his
independence, (if without a sufficient estate) Occult to have some
profession, calling, trade, or farm, whereby he may honestly subsist,
there can be no necessity for, nor use in establishing offices of
profit, the usual effects of which are dependence and servility,
unbecoming freemen, in the possessors or expectants, 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. And if any officer shall take greater or other fees than
the laws allow him, either directly or indirectly, it shall ever after
disqualify him from holding any office in this State.
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, Judge of the Supreme
Court, Treasurer of the State, member of the Council, member of the
General Assembly, Surveyor-General, or Sheriff.
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 General Assembly; and each High Sheriff,
before the first Judge of the County Court, to the Treasurer of their
respective counties, previous to their respectively entering upon the
execution of their offices, in such manner, and in such sums, as shall
be directed by the Legislature.
XXV. The Treasurer's accounts shall be annually
audited, and a fair state thereof laid before the General Assembly, at
their session in October
XXVI. Every officer, whether judicial,
executive, or military, in authority under this State, 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 nor indirectly, do any act or thing injurious to the
Constitution or government thereof, as established by Convention. (If an
oath) So help you God. (If an affirmation) Under the pains and penalties
of perjury.
THE OATH OR AFFIRMATION 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 an
affirmation) Under the pains and penalties of perjury.
XXVII. Any delegate to Congress may be
superseded at any time, by the General Assembly appointing another in
his stead. To man shall be capable of being a delegate to represent this
State in Congress for more than three years, in any term of six
veers;-and no person, who holds any office in the gift of Congress,
shall, during the time of his holding such office, be elected to
represent this State in Congress.
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.
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. And all
fines shall be proportionate to the offences.
XXX. The person of a debtor, where there is not
strong presumption of fraud, shall not be continued in prison after
delivering up and assigning over, bona fide, all his estate, real
and personal, in possession, reversion, or remainder, for the use of his
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 presumption great, shall be bailable by
sufficient sureties: nor shall excessive bail be exacted for bailable
offences.
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 forfeit 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 to such further punishment as a
future Legislature shall direct.
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 County Clerk's office of the same county.
XXXIII. The Legislature shall regulate entails
in such manner as to prevent perpetuities.
XXXIV. To deter more effectually from the
commission of crimes, by continued visible punishment, of long duration,
and to make sanguinary punishment 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.
XXXV. The estates of such persons as may destroy
their own lives, shall not for that offense 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 deed and, or in anywise forfeited on
account of such misfortune.
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 denizen 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, Counselor, or Representative in Assembly, until after two
years' residence.
XXXVII. The inhabitants of this State shall have
liberty, in seasonable times, to hunt and fowl on the lands they hold,
and on other lands not enclosed; and in like manner to fish in all
beatable and other waters, not private property, under proper
regulations, to be hereafter made and provided by the General Assembly.
XXXVIII. Laws for the encouragement of virtue,
and prevention of vice and immorality, ought to be constantly kept in
force, and duly executed; and a competent number of schools ought to be
maintained in each town for the convenient instruction of youth; and one
or more grammar schools be incorporated, and properly supported in each
county in this State. And all religious societies, or bodies of men,
that may be hereafter united or incorporated, for the advancement of
religion and learning, or for other pious and charitable purposes, shall
be encouraged and protected in the enjoyment of the privileges,
immunities, and estates, which they in justice ought to enjoy, under
such regulations as the General Assembly of this State shall direct.
XXXIX. 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 presence whatsoever.
XL. In order that the freedom of this
Commonwealth may be preserved inviolate forever, 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 eighty-five, and on the last
Wednesday in March in every seven years thereafter, thirteen persons,
who shall be chosen in the same manner the Council is chosen, except
that they shall not be out of the Council or General Assembly, to be
called the Council of Censors; who shall meet together on the first
Wednesday of June next ensuing their election, the majority of whom
shall be a quorum in every case, except as to calling a convention; in
which two-thirds of the whole number elected shall agree: and whose duty
it shall be to inquire whether the Constitution has been preserved
inviolate every part, during the last centenary (including the year of
their service;) and whether the legislative and executive branches of
government have performed their duty, as guardians of the people, or
assumed to themselves, or exercised other or greater powers than they
are entitled to by the Constitution; they are also to inquire whether
the public taxes have been justly laid and collected in all parts of
this Commonwealth-in what manner 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; they shah
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 enacted 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 Census shall also have power to call a Convention, to meet within two
Years after their sitting, if there appears to them an absolute
necessity of amending any article of this Constitution which may be
defective-explaining such as may be thought not clearly expressed-and of
adding such as are necessary for the preservation of the rights and
happiness of the people; but the articles to be amended, and the
amendments proposed and such articles as are proposed to be added or
abolished, shall be promulgated at least six months before the day
appointed for the election of such Convention, for the previous
consideration of the people, that they may have an opportunity of
instructing their delegates on the subject.
By order of Convention, July 4th, 1786.
MOSES ROBINSON, President.
Attest:
ELIJAH PAINE, Secretary.
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