REVISED CONSTITUTION. necessity so requires; nevertheless, whenever the property of any par- 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 public 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 as civil government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community, and not for the emolument of any individuals, who are a part only of that community, the people, collectively considered, have a right to alter and reform their government, in such manner as shall, by them, be judged 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 hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contri bute 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 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. 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 evidence in his favor, 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. Laws made to punish actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive and inconsistent with the fundamental principles of a free government. XIII. Warrants, without oaths or affirmations first made, affording sufficient foundation for them, whereby any officer or messenger may be authorised or required to search suspected places, or to seize any person or persons, his, her, or their property, not therein particularly described, ought not to be granted in any criminal matter or complaint. 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 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. XVI. The freedom of deliberation, speech and debate in the Legisla ture, 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. 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 defence of the community. And as standing armies, in the time of peace, are dangerous to liberty, they ought not to be supported, unless there shall be imminent danger of an invasion, insurrection or rebellion, and then, only during the existence of those causes: 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 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 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, in a legal way, to assemble together in their respective towns 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. CHAPTER II. PLAN OR FRAME OF GOVERNMENT. SECTION I. THE COMMONWEALTH OF 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. [1]* SECTION II. The supreme legislative power shall be vested in such Assembly. [2] SECTION III. The supreme executive power shall be vested in a Governor (or, in his absence, a Lieutenant-Governor) and Council. [3] SECTION IV. Courts of justice shall be maintained in every county in this State, [4] and also in new counties when formed; which courts shall be open for The figures enclosed in brackets, refer to the sections in the original Constitution; which may be seen in a preceding part of this volume,-page 241-55. the trial of all causes proper for their cognizance, and justice shall be therein impartially administered, without corruption, or unnecessary delay.[23] 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 causes as may be appealed to the county court.) SECTION 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; and also a court to correct the errors of the supreme court of judicature: provided they do not constitute themselves the judges of either of the said courts. SECTION VI. The legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other. SECTION VII. To prevent unnecessary expense in legislation, for the more deliberate and expeditious proceeding in that important business, and that the freemen may be better and more equally represented, the whole number of Representatives in Assembly shall not exceed fifty; to be elected in manner following:*-each organized town in this State,[16] on the first Tuesday in September annually, shall have liberty to choose one able, discreet freeholder, to represent them in a county convention, to be held at such time and place as the Legislature shall by law, appoint; the members of which convention, when met, shall, by ballot, elect from their own body so many of said representatives (to consist of persons most noted for wisdom and virtue [7]) as the Legislature shall, in future, limit, having respect to the grand list of each county, in apportioning the number. *The Council of Censors also propose, instead of the remainder of section VII, the following clause, to be at the election of the convention, viz:-The Legislature shall, in their first session after the approbation of this section of the Constitution, (having regard to the grand list, the local situation of, and the probability of a disproportionate increase of population in, the different districts) divide the whole State into fifty districts, to continue for three years next after the division; [16] and provide for the due and orderly election of one representative in Assembly from each district, in such manner that the votes shall be received in the respective towns. That the Legislature shall have power, (if a different increase of population in the respective districts shall render it necessary) twice in each septennary, forever hereafter, and no oftener, to divide the said districts in a more equal manner. SECTION VIII. The representatives, so chosen, (a majority of whom shall constitute a quorum [9] 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: [8] 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 themredress grievances-impeach State criminals-grant charters of incorporation-constitute towns, boroughs, cities, and counties; they may annually, in the first session after their election, and at other times, when vacancies happen, choose delegates to Congress [10] (subsequent to the admission of this State into confederation with the United States ;) 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; [27] and also, with the Council, may elect major-generals and brigadier-generals, [42] from time to time, as often as there shall be occasion, to hold their offices during the pleasure of the Legislature and they shall have all other powers necessary for the Legislature of a free and sovereign State: [8] but they shall have no power to add to, alter, abolish, or infringe any part of this Constitution. SECTION IX. The Council of this State shall consist of one able, discreet freeholder, to be chosen from each county in the State, by freemen residing in the same county, in manner following: [17]-The freemen of each town shall, annually, on the first Tuesday in September, bring in their votes for one Councillor, residing in the county in which such town lies, with his name fairly written, to the presiding officer of the meeting, who shall seal them up in the presence of the freemen, and write on the paper containing the same,-Votes for a Councillor,-and the name of the town where taken, and deliver them to the person chosen to attend the county * *If the Convention prefer the mode of dividing the State into districts for the choice of representatives, to that of choosing them in county convention ;-the Council of Censors propose the following instead of the remainder of section IX, viz :—Which_votes (at”a certain time and place, to be appointed by the Legislature, in their first session after the approbation of this article) shall, by the several presiding officers of the freemen's meeting, or (in case of either of their necessary absence) by one of the selectmen of the same town, be delivered, sealed, to the high sheriff of the same county, or, in case of his necessary absence, to one of his deputies by the high sheriff appointed for the purpose, who shall be |