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convention for the purpose of electing representatives in Assembly:which convention, when met, (after choosing a chairman and clerk of the same) before their proceeding to the choice of representatives, shall sort and count the votes for a Councillor, and shall declare the person who has the greatest number of votes, duly elected for the year ensuing : and if there shall be a tie, the convention shall choose one of those who have the greatest number of votes, to be Councillor for the year ensuing ; which chairman shall give official notice of such choice to the person elected; and the said notice shall be a sufficient credential of such election.


The freemen of each town shall, on the first Tuesday of September, in every year, bring in to the constable, their votes for some able, discreet freeholder, residing in this State, to be Governor, [17] with his name fairly written; who shall seal them up in the presence of the freemen, and write on the paper inclosing them,-Votes for Governor,--and the name of the town where taken, and deliver them to some representative chosen to attend the General Assembly: and at the opening of the said 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 also be chosen ja the manner above directed.


The Governor, and in his absence the Lieutenant-Governor, with the Council, (a major part of whom, including the Governor or LieutenantGovernor, shall be a quorum to transact business) shall have power to commissionate all officers, [18]-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

moderator of the same meeting; and after a choice made of a clerk of the meeting by the persons convened, they shall sort and count the votes. for a Councillor, and shall declare the person who has the greatest number of votes, duly elected for the year ensuing :—and if there shall be a tie, the persons convened shall choose one of those who have the greatest number of votes to be Councillor for the year then coming ;— which moderator shall give official notice of such choice to the person elected, and the said notice shall be a sufficient credential of such election.

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 licences 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 LieutenantGeneral of all the forces of the State. The Governor, or LieutenantGovernor, 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.[17] The Governor and Council shall have a clerk, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it.


The representatives having met, and chosen their speaker and clerk,[9] 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 theretofore 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 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 judg ment and abilities. (In case of an oath,) So help you God. (And in case of an affirmation) under the pains and 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.


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.[12]


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.[13]


The stile 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.[15]


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,[14] 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.


No person ought, in any case, or in any time, to be declared guilty of treason or felony by the Legislature.


Every male freeholder, in the right of himself or his wife, of the age of twenty-one years and upwards, having resided in this State for the space

of one whole year next preceding any election of representatives, or who has rented a tenement therein for the said time, of the yearly value of four pounds, and been rated, and actually paid taxes to this State for the same, who is of a quiet and peaceable behavior, shall be entitled to vote in the election of such officers as are to be chosen by the freemen.[6]


The inhabitants of this commonwealth shall be trained and armed for its defence, 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.[5]


All commissions shall be in the name of the freemen of the State of Vermont, sealed with the State seal, signed by the Governor, or in his absence, the Lieutenant-Governor, and attested by the Secretary of the State; which seal shall be kept by the said Secretary.[19]


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 mal-administration. All impeachments shall be before the Governor, or Lieutenant-Governor, and Council, who shall hear and determine the same, and may award costs.[20]


All officers shall be paid an adequate, but moderate, compensation for their services and if any officer shall wittingly, and knowingly, take greater fees than the laws allow him, either directly or indirectly, it shall ever after disqualify him from holding any office in this State :[28] 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.[33] And no person shall be capable of holding any civil office in this State, except he has acquired and maintains a good moral character.[28]


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, Delegate, Agent or Commissioner to Congress or any other State or Power, Chancellor, 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 be capable of serving in the office of Governor, more than four years successively;

nor of re-election to the same office within four years from the expitation of the time for which he was last elected. Nor shall any person be capable of serving as Treasurer of the State more than three years successively; nor capable of re-election to the same office after the said term, until his accounts as Treasurer are completely settled. And no person shall be capable of serving as High Sheriff for any county, more than three years successively; nor of re-appointment to the said office, within three years from the expiration of the said term.


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.


The Treasurer's accounts shall be annually audited, and a fair state thereof laid before the General Assembly, at their session in October.


Every officer, whether judicial, executive or military, in authority under this State, [36] 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.


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.) TI 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.)

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Any delegate to Congress may be superceded at any time, by the General Assembly appointing another in his stead. No man shall be capable of being a delegate to represent this State in Congress, for more than three years in any term of six years; and no person who holds

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