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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 treasury 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 us 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 su 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 counsellor may enter his dissent, with his reasons to support it; and the governor may appoint a secretary for himself and his council.
$ 12. 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 hereinafter 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 or consent to any act or thing whatsoever 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 and penalties of perjury."
$ 13. 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.
$ 14. The votes and proceedings of the general assembly shall be printed, when one-third of the members think it necessary, as soon as convenient 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.
$15. The style of the laws of this state, in future to be passed, shall be: It is hereby enacted by the general assembly of the state of Vermont. .
$ 16. 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 bill 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.
17. No money shall be drawn out of the treasury, unless first appropriated by act of legislation.
$ 18. No person shall be elected a representative until he has resided two years in this state; the last of which shall be in the town for which he is elected.
$ 19. No member of the council or house of representatives shall, direct!y or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business to be transacted in the legislature; or advocate any cause, as counsel, in either house of legislation, except when employed in behalf of the state. .
$ 20. No person ought, in any case or in any time, to be declared guilty of treason or felony by the legislature.
$21. 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 behaviour, 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, as established by the constitution, without fear or favour of any man."
§ 22. The inhabitants of this state shall be trained and armed for its defence, under such regulations, restrictions, and exceptions, as congress, agreeably to the constitution of the United States, and the legislature of this state, shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain and other officers, and the captains and subalterns shall nominate and recommend the field officers of their respective regiments, who shall appoint their staff officers.
$ 23. 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 governor.
$ 24. 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 maleadministration. All impeachments shall be before the governor, or lieutenant governor, and council, who shall hear and determine the same, and may award costs; and no trial or impeachment shall be a bar to a prosecution at law.
§ 25. As every freeman, to preserve his independence, if without a sufficient estate, ought 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, and faction, contention and discord 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, become so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature. And if any officer shall wittingly and wilfully take greater fees than the law allows him, it shall ever after disqualify him from holding any office in this state, until he shall be restored by act of legislation.
$26. 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. Nor shall any person, holding any office of profit or trust under the authority of congress, be eligible to any appointment in the legislature, or of holding any executive or judiciary office under this state.
$ 27. 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 sich manner, and in such sums, as shall be directed by the legislature.
$ 28. The treasurer's accounts shall be annually audited, and a fạir state, thereof laid before the general assembly at their session in October.
$ 29. Every officer, whether judicial, executive, or military, in authority under this state, before he enters 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 military officers, and such as shall be exempted by the legislature.
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 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 thé - 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.”
$ 30. No person shall be eligible to the office of governor or lieutenant governor, until he shall have resided in this state four years next preceding the day of his election.
$31. 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.
$32. 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 sball be proportioned to the offences.
$33. 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 regu. lated 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.
§ 34. All elections, whether by the people or the legislature, shall be free and voluntary; and any elector, who shall receive any gift or reward for his vote, in meat, drink, moneys, or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as the law 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.
$ 35. 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.
§ 36. The legislature shall regulate entails in such manner as to prevent perpetuities.
$37. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punishing by hard labour those who shall be convicted of crimes not capital, whereby the crimi. nal shall be employed for the benefit of the public, or for the reparation of injuries done to private persons; and all persons, at proper times, ought to be permitted to see them at their labour.
§ 38. 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 anywise forfeited, on account of such misfortune.
$ 39. 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 rights of a natural born subject of this