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religious worship, which to them shall seem most agreeable to the revealed will of God.

ARTICLE 4. Every person within this state 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 law,

ARTICLE 5. That the people of this state, by their legal representatives, have the sole, inherent, and exclusive right of governing and regulating the internal police of the same.

ARTICLE 6. 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.

ARTICLE 7. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of any single man, family, or set of men, who are a part only of that community; and that the community hath an indubitable, unalienable, and indefeasible right to reform or alter government, in such manner as shall

be, by that community, judged most conducive to the public weal.

ARTICLE 8. That all elections ought to be free and without corruption, and that all freemen, having a sufficient evidence, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution.

ARTICLE 9. That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute bis proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto; but no part of any person's property can be justly taken from him, or applied to public uses, without his consent, or that of the representative body of 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 appear evident to the legislature to be of more service to the community than the money would be if not collected.

ARTICLE 10. That, in all prosecutions for criminal offences, a person 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 his 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 person be justly deprived of his liberty, except by the laws of the land, or the judgment

of his peers.

ARTICLE 11. That the people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure; and, therefore, warrants, without oath or affirmation 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.

ARTICLE 12, That when any issue in fact, proper for the cognizance of jury is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred.

ARTICLE 13. That the people have a right to 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.

ARTICLE 14. The freedom of deliberation, speech, and debate, in the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation, or prosecution, action, or complaint, in any other court or place whatsoever.

ARTICLE 15. 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 as this constitution, or the legislature, shall provide for.

ARTICLE 16. That the people have a right to bear arms for the defence of themselves and the state; and, as standing armies in 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.

ARTICLE 17. That no person in this state can, in any case, be subjected 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


ARTICLE 18. The frequent recurrence to fundamental principles, and 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 making and executing such laws as are necessary for the good government of the state.

ARTICLE 19. That all people have a natural and inherent right to emigrate from one state to another that will receive them.

ARTICLE 20. That the people have a right assemble together to consult for their common good: to instruct their representatives: and apply to the legislature for redress of grievances by address, petition, or remonstrance.

ARTICLE 21. That no person shall be liable to be transported out of this state for trial for any offence committed within the same.

CHAP. 2.

Plan or Form of Government. § 1. 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:

§ 2. The supreme legislative power shall be vested in a

house of representatives, of the freemen of the commonwealth or state of Vermont,

9 4. The supreme executive power shall be vested in a governor, or, in his absence, à lieutenant governor, and council.

§ 4. 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 office, except in the trial of such causes as may be appealed to the county court.

§ 5. 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.

$ 6. The legislative, executive, and judiciary departments, shall be separate and distinct, so thať neither exercise the powers properly belonging to the other.

$7. In order that the freemen of this state might 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 one septenary, or seven years next after the estab. lishing this constitution, may hold 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, for ever thereafter.

$ 8. 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 in September annually

$9. 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 secord Thursday, of the succeeding October, and shall be styled The General Assembly of the State of Vermont: they sha have power to choose their speaker, secretary of state, their izlerk, and other necessary officers of the house-sit on their own adjournments-prepare bills, and enact them into law s-judge of the

for ever.

elections and qualifications of their own members; they may expel members, but not for causes known to their own constituents antecedent to their own elections: they may administer oaths and affirmations in matters depending before them, redress grievances, impeach state criminals, grant charters of incorporation, constitute towns, boroughs, cities, and counties: they may, annually, on their first session after their election, in conjunction with the council, or oftener if need be, elect judges of the supreme and several county and provate 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.

§ 10. 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 the 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 representatives 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 counsellors, in the same manner, and the twelve highest in nomination shall serve for the ensuing year as counsellors,

§ 11. 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 toɔ 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

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