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e of profit or trust under the authority of Congress. So help you God. 'in case of an affirmation.) Under the pains and penalties of perjury. The words "office of profit or trust under the authority of Congress" shall construed to mean any office created directly or indirectly by Congress, for which emolument is provided from the Treasury of the United States.9 SEC. 18. The Senate shall be composed of thirty Senators, to be of the men of the county for which they are elected, respectively, who shall e attained the age of thirty years, and they shall be elected biennially the freemen of each county respectively.

The Senators shall be apportioned to the several counties, according to population, as ascertained by the census taken under the authority of gress in the year 1910, regard being always had, in such apportionment, the counties having the largest fraction, and each county being given at st one Senator.

The Legislature shall make a new apportionment of the Senators to the eral counties, after the taking of each census of the United States, or after census taken for the purpose of such apportionment, under the authority this State, always, regarding the above provisions of this section,10


SEC. 19. The Senate shall have the like powers to decide on the election d qualifications of, and to expel any of, its members, make its own rules, appoint its own officers, as are incident to, or are possessed by, the House Representatives. A majority shall constitute a quorum, The Lieutenantvernor shall be President of the Senate, except when he shall exercise e office of Governor, or when his office shall be vacant, or in his absence, in ich cases the Senate shall appoint one of its own members to be President the Senate, pro tempore, And the President of the Senate shall have a sting vote, but no other.11


SEC. 20. The Governor, and in his absence, the Lieutenant-Governor, shall ve power to commission all officers, and also to appoint officers, except where ovision is, or shall be otherwise made by law or this Frame of Governent; and shall supply every vacancy in any, office, occasioned by death or herwise, until the office can be filled in the manner directed by law or is Constitution, He is to correspond with other States, transact business ith officers of government, civil and military, and prepare such business as ay appear to him necessary, to lay before the General Assembly. He shall ave power, to grant pardons and remit fines in all cases whatsoever, except treason in which he shall have power to grant reprieves, but not to paron, until after the end of the next session of the General Assembly; and xcept in cases of impeachment, in which he shall not grant reprieve or ardon, and there shall be no remission, or mitigation of punishment, but y act of legislation. He is also to take care that the laws be faithfully xecuted. He is to expedite the execution of such measures as may be reolved upon by the General Assembly. And he may draw upon the Treasury or such sums as may be appropriated by the General Assembly. He may Iso lay embargoes, or prohibit the exportation of any commodity, for any me not exceeding thirty days, in the recess of the General Assembly only. le may grant such licenses as shall be directed by law; and shall have power › call together the General Assembly, when necessary, before the day to hich they shall stand adjourned. The Governor shall be Captain-General nd Commander-in-Chief of the forces of the State, but shall not command a person, in time of war, or insurrection, unless by the advice and consent f the Senate, and no longer than they shall approve thereof. And the Lieuenant-Governor shall, by virtue of his office, be Lieutenant-General of all the orces of the State.12

SEC. 21. The Governor may have a Secretary of Civil and Military Affairs,

Amendment No. 27, 1883.

10 Amendments No. 4, 1836, and 23, 1850.

Amendment No. 6, 1836.

Amendment No. 8, 1836.

to be by him appointed during pleasure, whose services he may at all times command: and for whose compensation provision shall be made by law,13

SEC. 22. 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 by the Lieutenant-Governor, and attested by the Secretary: which Seal shall be kept by the Governor.

SEC. 23. No person shall be eligible to the office of Governor or Lientenant-Governor until he shall have resided in this State four years next preceding the day of his election.

SEC. 24. The Legislature shall provide by general law what officer shal act as Governor whenever there shall be a vacancy in both the offices of Governor and Lieutenant-Governor, occasioned by a failure to elect, or by the removal from office, or by the death or resignation of both Governor and Lieutenant-Governor, or by the inability of both Governor and LieutenantGovernor to exercise the powers and discharge the duties of the office of Governor; and such officer so designated, shall exercise the powers and discharge the duties appertaining to the office of Governor accordingly unti the disability shall be removed, or a Governor shall be elected. And in case there shall be a vacancy in the office of Treasurer, by reason of any of the causes enumerated, the Governor shall appoint a Treasurer for the time being. who shall act as Treasurer until the disability shall be removed, or a new election shall be made.14

SEC. 25. The Treasurer of the State shall, before entering upon the duties of his office, give sufficient security to the Secretary of State, in behalf of the State of Vermont, before the Governor of the State or one of the Jus tices of the Supreme Court. And Sheriffs and High Bailiffs, before entering upon the duties of their respective offices, shall give sufficient security to the Treasurer of their respective counties, before one of the Justices of the Supreme Court, or the two Assistant Judges of the County Court of their respective counties, in such manner and in such sums as shall be directed by the Legislature. 15

SEC. 26. The Treasurer's accounts shall be annually audited, and a fair state thereof laid before the General Assembly at its biennial session in Jar uary.

SEC. 27. No money shall be drawn out of the Treasury, unless first appropriated by act of legislation.



SEC. 28. The Courts of Justice shall be open for the trial of all causes proper for their cognizance; and justice shall be therein impartially adminis tered, without corruption, or unnecessary delay. The Justices of the Supre Court shall be Justices of the Peace throughout the State; and the severa Judges of the County Courts, in their respective counties, by virtue of ther office, except in the trial of such causes as may be appealed to the County Court.

SEC. 29. The Legislature may, when they shall conceive the same to be expedient and necessary, erect a Court of Chancery, with such powers as a usually exercised by that Court, or as shall appear for the interest of the Commonwealth.-Provided they do not constitute themselves the Judges of the

said Court.

SEC. 30. Trials of issues, proper for the cognizance of a Jury, in the Supreme and County Courts, shall be by Jury, except where parties otherwis agree; and great care ought to be taken to prevent corruption or partiality in the choice and return, or appointment of Juries.

SEC. 31. 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.

13 Amendment No. 8, 1836. 14 Amendment No. 21, 1850. 15 Amendment No. 22, 1850.

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SEC. 32. The person of a debtor, where there is not strong presumption fraud, shall not be continued in prison after his delivering up and assign. g over, bona fide, all his estate, real and personal, in possession, reversion · remainder, for the use of his creditors, in such manner as shall be reguted by law. And all prisoners, unless in execution, or committed for capital fences, when the proof is evident or presumption great, shall be bailable by fficient sureties; nor shall excessive bail be exacted for bailable offences.

SEC. 33. The Writ of Habeas Corpus shall in no case be suspended. It all be a writ issuable of right; and the General Assembly shall make prosion to render it a speedy and effectual remedy in all cases proper there



SEC. 34. Every man of the full age of twenty-one years, who is a natural orn citizen of this or some one of the United States, or has been naturalized greeably to the Acts of Congress, having resided in this State for the space f one whole year next before the election of Representatives, and who is of quiet and peaceable behavior, and will take the following oath or affirmaon, 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 uffrage, touching any matter that concerns the State of Vermont, you will o it so as in your conscience you shall judge will most conduce to the best ood of the same, as established by the Constitution, without fear or favor f any man.17′


SEC. 35. The Governor, Lieutenant-Governor, Treasurer, Secretary of State, Auditor of Accounts, Senators, Town Representatives, Assistant Judges of the County Court, Sheriffs, High Bailiffs, State's Atorneys, Judges of Probate nd Justices of the Peace, shall be elected biennially on the first Tuesday next fter the first Monday of November, beginning in A. D. 1914.18

SEC. 36. The House of Representatives of the freemen of this State, shall onsist of persons most noted for wisdom and virtue, to be chosen by ballot, y the freemen of every town in this State, respectively, on the first Tuesday ext after the first Monday of November, beginning in A. D. 1914,19

SEC. 37, The freemen of the several towns in each county shall, bienially, give their votes for the Senators apportioned to such county, at the ame time, and under the same regulations, as are provided for the election f Governor in section 39. And the person or persons, equal to the number f Senators, apportioned to such county, having the greatest number of legal otes in such county respectively, shall be the Senator or Senators of such ounty. At every election of Senators, after the votes shall have been taken, he Constable or presiding officer, assisted by the Selectmen and civil authority resent, shall sort and count the said votes, and make two lists of the names f all persons voted for, with the number of votes given for each annexed his name, a record of which shall be made in the Town Clerk's office, and hall seal up said lists, separately, and write on each the name of the town, nd these words, Votes for Senator, or, Votes for Senators, as the case may e, one of which lists shall be delivered, by the presiding officer, to the tepresentative of said town (if any) and if none be chosen, to the Repreentative of an adjoining town, to be transmitted to the President of the enate. The other list, the said presiding officer shall, within ten days, deliver

the Clerk of the County Court for the same county; and the Clerk of each ounty Court, respectively, or in case of his absence, or disability, the heriff of such county, or in case of the absence or disability of both, the High Bailiff of such county, on the tenth day after such election, shall publicly pen, sort, and count said votes; and make a record of the same in the office

16 Amendment No. 12, 1836.

17 Amendment No. 1, 1828.

18 Amendment No. 5, 1836; Nos. 19, 20 and 23, 1850; No. 24, Section 2, 1870: roposal No. 2, 1913. See Note 5.

19 Amendment No. 24, Section 1, 1870; Proposal No. 2, 1913. See Note 5.

of the Clerk of such County Court, a copy of which he shall transmit to the Senate; and shall also within ten days thereafter, transmit to the person or persons elected, a certificate of his or their election. Provided, however, that the General Assembly shall have power to regulate by law the mode of balloting for Senators, within the several counties, and to prescribe the means and the manner, by which the result of the balloting shall be ascertained, and through which the Senators chosen shall be certified of their election, and for filling all vacancies in the Senate, which shall happen by death, resignation or otherwise. But they shall not have power to apportion the Senators to the several counties, otherwise than according to the population thereof agreeably to the provisions hereinbefore ordained.20

SEC. 38. The term of office of Senators and Town Representatives shall be two years, commencing on the first Wednesday next after the first Monday of January following their election.21

SEC. 39. The freemen of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in their votes for Governor, with his name fairly written, to the Constable, who shall seal them up, and write on them, Votes for Governor, and deliver them to the Repre sentatives chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Senate and House of Representatives, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for Governor, and declare the person who has the major part of the votes, to be Governor for the two years ensuing. The Lieutenant-Governor and the Treasurer shall be chosen in the manner above directed.

The votes for Governor, Lieutenant-Governor, and Treasurer, of the State. shall be sorted and counted, and the result declared, by a committee appointed by the Senate and House of Representatives.

If, at any time, there shall be no election, by the freemen, of Governor. Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office, not filled by the freemen as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.” SEC. 40. The Secretary of State and the Auditor of Accounts shall be elected by the freemen of the State upon the same ticket with the Governor, Lieutenant-Governor, and Treasurer; and the Legislature shall carry this provision into effect by appropriate legislation.23

SEC. 41. The term of office of the Governor, Lieutenant-Governor and Treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of two years, or until their successors shall be chosen and qualified, or to the adjournment of the session of the Legislature at which, by the Constitution and laws, their snecessors are required to be chosen, and not after such adjournment.24

SEC. 42. The Justices of the Supreme Court and the Judges of the several County Courts (except Assistant Judges of the County Court). Major-Generals and Brigadier-Generals, shall be elected by the Senate and House of Repre sentatives, in Joint Assembly, at which the presiding officer of the Senate shall preside; and such presiding officer in such Joint Assembly shall have a casting vote, and no other.25

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SEC. 43. The Joint Assembly may biennially on their first session afte: their election (or oftener if need be) elect Justices of the Supreme Court atd Judges of the several County Courts (except Assistant Judges of the County Courts) and also may elect Major-Generals and Brigadier-Generals, from time to time, as often as there shall be occasion.26

29 Amendment No. 5, 1836; and No. 24, Section 2, 1870.

21 Amendment No. 24, Section 4, 1870; Proposal No. 2, 1913. See Note 5

22 Amendment No. 9, 1836; and No. 24, Sections 2 and 3, 1870.

23 Amendment No. 28, 1883.

24 Amendment No. 21, 1850; and No. 24, Section 3, 1870.

Amendment No. 10, 1836: Nos. 14, 17 and 20, 1850; and No. 24, Sections 2 and

26, 1870.

26 Amendment No. 10, 1836: No. 14. 1850; No. 24, Section 2, and No. 26, 1870

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SEC. 44. The Justices of the Supreme Court shall be elected biennially, d their term of office shall be two years.27

SEC. 45. The Assistant Judges of the County Court, Sheriffs, High Bailiffs, d State's Attorneys shall be elected by the freemen of their respective untles.28

SEC. 46. Judges of Probate shall be elected by the freemen of their reective probate districts.29

SEC. 27. Justices of the Peace shall be elected by the freemen of their spective towns; and towns having less than one thousand inhabitants may ect any number of Justices of the Peace not exceeding five; towns having e thousand and less than two thousand inhabitants, may elect seven; towns ving two thousand and less than three thousand inhabitants, may elect ten; wns having three thousand and less than five thousand inhabitants may elect elve; and towns having five thousand, or more, inhabitants may elect fifteen istices of the Peace.30

SEC. 48. The term of office of the Assistant Judges of the County Courts, heriffs, High Bailiffs, State's Attorneys, Judges of Probate and Justices of e Peace, shall be two years, and shall commence on the first day of February xt after their election.31


SEC. 49. The election of the several officers mentioned in the preceding ction, shall be made at the times and in the manner now directed in the onstitution for the choice of Senators. And the presiding officer of each eemen's meeting, after the votes shall have been taken, sorted and counted. all, in open meeting, make a certificate of the names of all persons voted r, with the number of votes given for each annexed to his name, and signating the office for which the votes were given, a record of which shall made in the Town Clerk's office, and he shall seal up said certificate, and all write thereon the name of the town and the words, Certificate of Votes and add thereto, in writing, the title of the office voted r. as the case may be, and shall deliver such certificate to some Reprentative chosen as a member of the General Assembly, whose duty it shall oto. cause such certificate of votes to be delivered to the committee of the eneral Assembly appointed to canvass the same. And at the sitting of the eneral Assembly, next after such balloting for the officers aforesaid, there all be a committee appointed of and by the General Assembly, who' shall sworn to the faithful discharge of their duty, and whose duty it shall be examine such certificates and ascertain the number of votes given for each ndidate, and the persons receiving the largest number of votes for the spective offices, shall be declared duly elected, and by such committee be ported to the General Assembly and the officers so elected shall be comissioned by the Governor. And if two or more persons designated for any e of said offices, shall have received an equal number of votes, the General sembly shall elect one of such persons to such office.32

SEC. 50. No person in this State shall be capable of holding or exersing more than one of the following, offices at the same time: Governor. eutenant-Governor, Justice of the Supreme Court. Treasurer of the State. ember of the Senate, member of the House of Representatives, Surveyoreneral, or Sheriff. Nor shall any person holding any office of profit or trust der the authority of Congress, be eligible to any appointment in the Legisure, or to any executive or judiciary office under this State.

SEC. 51. All elections, whether by the people or the Legislature, shall free and voluntary: and any elector who shall receive any gift or reard for his vote, in meat, drink, moneys or otherwise, shall forfeit his tht to elect at that time. and suffer such other penalty as the law shall

*Amendment No. 26, 1870.

2 Amendments Nos. 14, 15 and 16, 1850.

Amendment No. 17, 1850.

*Amendment No. 18, 1850.

*Amendments No. 19, 1850; No. 24, Section 5, 1870; and Proposal No. 2, 1913. Note 5.

Amendments No. 5, 1836: No. 20, 1850; and No. 24, Section 2, 1870.

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