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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 suflicient estate, ought to have some profession, calling, trade, or farm, wh:reby 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, becomes 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 such manner, and in sums, as shall be directed by the Legislature.
28. The Treasurer's accounts shall be annually audited, and a fair statement 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 Office. “ 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 Ġovernment thereof, as established by convention : (If an oath) so help you God. (If an affirmation) under the pains and penalties of per
The Oath or Affirmation of Office.
will faithfully execute the office of for the
; 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. Vo
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 issue, 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 shall be proportioned to the offences.
33. The person of a debtor, where there is not strong presumption or 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 regulated by law. And all prisoners, runless 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, monies, 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 coutinued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punishing by hard labor those who shall be convicted of crimes not capital, whereby the criminal 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 labor.
38. The estate 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 any wise 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 State, except that he shall not be capable of being elected Governor, Lieutenant-Governor, Treasurer, counselor, or representative in Assembly until after two years' residence.
40. The inhabitants of this State shall have liberty, in seasonable times, to hunt and fowl on the lands they hold, and on other lands not enclosed ; and in like manner to fish in all boatable and other waters, not private property, under proper regulations, to be hereafter made and provided by the General Assembly.
41. Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed ; and a competent number of schools ought to be maintained in each town, for the convenient instruction of youth; and one or more grammar schools be incorporated, and properly supported in each county in this State. And all religious societies or bodies of men, that may be hereafter united or incorporated for the advancement of religion and learning, or for other charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy, under such regulations as the General Assembly of this State shall direct.
42. The declaration of the political rights and privileges of the inhabitants of this State, is hereby declared to be a part of the Constitution of this commonwealth, and ought not to be violated on any pretence whatsoever. 43. In order that the freedom of this commonwealth may
preserved inviolate forever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and ninety-nine, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the Council is chosen, except they shall not be out of the Council or General Assembly, to be called the Council of Censors: who shall meet together on the first Wednesday in June next ensuing their election, the majority of whom shall be a quorum in every case, except as to calling a Convention, in which two-thirds of the whole number elected shall agree, and whose duty it shall be to inquire, whether the Constitution has been preserved inviolate in every part during the last septenary, including the year of their service, and whether the legislative and executive branches of Government have performed their duty, as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are entitled to by the Constitution : They are also to inquire, whether the public taxes have been justly laid and collected in all parts of this commonwealth : in what manner the public moneys have been disposed of: and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers, and records : they shall have authority to pass public censures, to order impeach ments, and to recommend to the Legislature the repealing such laws as shall appear to them to have been passed contrary to the principles of the Constitution : These powers they shall continue to haré for and during the space of one year from the day of their election, and no longer. The said Council of Censors shall also have power to call a Convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this Constitution, which may be defective: explaining such as may be thought not clearly expressed: and of adding such as are necessary for the preservation of the rights and happiness of the people: but the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such Convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
AMENDMENTS TO THE CONSTITUTION.
Adopted Art. 1. No person, who is not already a freeman of June 26, 1-23. this State, shall be entitled to exercise the privilege of a freeman, unless he be a natural-born citizen of this, or some one of the United States, or until he shall have been naturalized agreeably to the acts of Congress.
Adopted 2. The most numerous branch of the Legislature of Jan. 6, 1826.
this State shall hereafter be styled the House of Representatives.
3. The supreme legislative power of this State shall hereafter be exercised by a Senate and the House of Representatives, which shall be styled The General Assembly of the State of Vermont. Each shall have and exercise the like powers in all acts of legislation, and no bill, resolution, or other thing, which shall have been passed by the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other. Provided, that all revenue bills shall originate in the House of Representatives; but the Senate may pro
pose or concur with amendments, as on other bills.
Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting, and in case of disagreement between the two houses, with respect to adjournment, the Governor may adjourn them to such time as he shall think proper.
4. The Senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected respectively, who are thirty years of age or upwards, and to be annually elected by the freemen of cach county respectively. Each county shall be entitled to one senator at least, and the remainder of the senators shall be apportioned to the several counties, according to their population, as the same was ascertained by the last census, taken under the authority of the United States, regard being always had in such apportionment, to the counties having the greatest fraction. But the several counties shall, until after the next census of the United States, be entitled to elect, and have their senators in the following proportion: to wit, Bennington county, two; Windham county, three; Rutland county, three; Windsor county, four; Addison county, three; Orange county, three; Washington county, two; Chittenden county, two; Caledonia county, two; Franklin county, three; Orleans county, one; Essex county, one; Grand Isle county, one. The Legislature shall make a new apportionment of the senators to the several counties, after the taking of each census of the United States, or census taken for the purpose of such apportionment by order of the Government of this State, regarding the above provisions in this article.
5. The freemen of the several towns in each county shall annually give their votes for the senators apportioned to such county, at the same time, and under the same regulations, as are now provided for the election of counselors. And the person or persons, equal in number to the number of senators, apportioned to such county, having the greatest number of legal votes in such county respectively, shall be the senator or senators of such county.
At every election of senators, after the votes shall have been taken, the constable, or presiding officer, assisted by the selectmen and civil authority present, shall sort and count the said votes, and make two lists of the names of each person, with the number of votes given for each, annexed to his game, a record of which shall be made in the town clerk's office and shall seal up said lists separately, and write, on each, the name of the town, and these words : Votes for Senator, or Votes for Senators, as the case may be; one of which lists shall be delivered, by the presiding officer, to the representative of said town (if any), and if none be chosen, to the representative of an adjoining town, to be transmitted to the of the Senate; the other list, the said presiding officer shall, within ten days, deliver to the clerk of the county for the same county; and the clerk of each