take away the right of trial by jury, in any case not in this article before cxcepted, unless in cases respecting mariner's wages.

21. In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken that none bnt qualified persons should be appointed to serve; and such ought to be fully compensated for their travel, time, and attendance.

22. The liberty of the press is essential to the security of freedom in a state; it ought, therefore, to be inviolably preserved.

23. Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offences.*

24. A welll regulated militia is the proper, natural, and sure defence of a state.

25. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the legislature.

26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power.

27. No soldier, in time of peace, shall be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil magistrates, in a manner ordained by the legislature.

28. No subsidy, charge, tax, impost, or duty shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body.

29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for.

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

81. The legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require.

32. The people have a right, in an orderly and peaceable manner, to assemble and consult upon the public good, give instructions to

← See remarks on this section on page 99 ante.

their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

33. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

34. No person can, in any case, be subjected to law martial, or to any pains or penalties by virtue of that law, except those em ployed in the army and navy, and except the militia in actual service, but by authority of the legislature.

35. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the laws of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state: and that they should have honorable salaries, ascertained and established by standing laws.

36. Economy being a most essential virtue in all states, especially in a young one, no pension shall be granted but in consideration of actual services; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time.

37. In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of each other, as the nature of a free government will admit, or is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of unity and amity.

38. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good gov ernment; the people ought, therefore, to, have a particular regard to all those principles in the choice of their officers and represen

tatives: And they have a right to require of their lawgivers and magistrates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of the government.

SEC. 13. BILL OF RIGHTS OF VERMONT.

Vermont adopted a constitution in 1777, and claimed to be an independent state, though she was not so regarded for many years afterwards. New York claimed jurisdiction over the whole state of Vermont, and her independence was not recognized until the claims of New York were settled, and she ceded them to Vermont in the year 1792. The people of Vermont then formed a new constitution, with a bill of rights, and was admitted into the Union. The following are articles contained in the

BILL OF RIGHTS OF VERMONT.

Art. 1. That all men are born equally free and independent, and have certain natural, inherent, and inalienable 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 at the age of twenty-one years, nor female, in like manner, after she arives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by the law for the payment of debts, damages, fines, costs, or the like.

2. That private property ought to be subservient to public uses when necessity requires it; nevertheless, when any person's prop erty is taken for the use of the public, the owner ought to receive an equivalent in money.

5. 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.

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.

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, inalienable, and indefeasible right to reform or alter government, in such manner as shall be, by that community, judged, most conducive to the public weal.

- 13. That the people have a right to a 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.

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.

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

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

All the American bills of rights established the freedom of the press, and declared its importance, but, so far as I can learn, Vermont was the first to declare, in section thirteen of her bill of rights, "that the people have a right to freedom of speech." The constitution of Kentucky, Ohio, Maine, and other states, adopted since 1793, declare and secure that important civil, political, and religious right.

The 19th article of the bill of rights of Vermont, declaring the right to emigrate from the state is also new. The same right is affirmed in the constitutions of Kentucky, Ohio, Alabama, Mississippi, Louisiana, Indiana, Missouri, and Pennsylvania.

The first article, declaring the rights of personal liberty, was borrowed from the declaration of independence, and is much more full and complete, than the first article in the bill of rights of Massachusetts, and similar articles in the constitutions of other states upon that subject.

The people of Kentucky formed a constitution and were admitted into the Union as an independent state, in 1792. They formed their second constitution in 1799, the 10th article of which constitutes a declaration of rights, more perfect as to civil and religious liberty, and more explicit as to freedom of speech, than any of the early constitutions. The following are the most important sections which differ in substance from the ordinary phraseology employed in the early American constitutions, viz:

1. That all free men, when they form a social compact, are equal; and that no man or set of men are entitled to exclusive, separate, public emoluments or privileges from the community, but in consideration of public services.

2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness: for the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.

3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship.

4. That the civil rights, privileges, or capacities of any citizen shall in nowise be diminisbed or enlarged on account of his religion.

7. That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.

8. In prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, or where