ceed to reconsider it. If, upon such reconsideration, two-thirds of the mem bers present of that House shall pass the bill, it shall, together with the objections, be sent to the other House, by which it shall likewise be reco sidered, and, if approved by two-thirds of the members present of that House, it shall become a law,7 But, in all such cases, the votes of both Houses shall be taken by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each House, respectively. If any bill shall not be returned by the Governor, as aforesaid, within five days (Sundays excepted after it shall have been presented to him, the same shall become a law in like manner as if he had signed it; unless the two Houses by their að journment within three days after the presentation of such bill shall prevent its return; in which case it shall not become a law. SEC. 12. No member of the General Assembly shall, directly or indirectly, receive any fee or reward, to bring forward or advocate any bill, petition, or other business to be transacted in the Legislature; or advocate any cause, a counsel in either House of legislation, except when employed in behalf of the State. SEC. 13. In order that the freemen of this State may enjoy the benefit of election as equally as may be, each inhabited town in this State may, forever hereafter, hold elections therein and choose each one Representative to represent them in the House of Representatives, SEC. 14. The Representatives so chosen (a majority of whom shall o stitute a quorum for transacting any other business than raising a State tax for which two-thirds of the members elected shall be present) shall meet as required by section 7, and shall be styled the House of Representatives: the shall have power to choose their Speaker, their Clerk, and other necessary officers, sit on their own adjournments subject to the limitations of section 6. 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, administer oaths and affirmations in matters dependa before them, and impeach state criminals.8 SEC. 15. No person shall be elected a Representative until he has reside in this State two years, the last of which shall be in the town for which he is elected. SEC. 16. The Representatives having met, and chosen their Speaker and Clerk, shall each of them, before they proceed to business, take and subscribe. as well the oath or affirmation of allegiance hereinafter directed (except when they shall produce certificates of their having theretofore taken and se› scribed the same) as the following oath or affirmation: 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 nor consent to act or thing whatever, that shall have a tendency to lessen or abridge ther rights and privileges, as declared by the Constitution of this State; but wi in all things, conduct yourself as a faithful, honest Representative and guar dian of the people, according to the best of your judgment and ability. ( case of an oath) So help you God. (Or in case of an affirmation) Under the pains and penalties of perjury. SEC. 17. The Representatives having met on the day appointed by la# for the commencement of a biennial session of the General Assembly, and chosen their Speaker, and the Senators having met. shall, before they proceed to business, take and subscribe the following oath, in addition to the mas prescribed in the foregoing section: You do solemnly swear (or affirm) that you did not s the time of your election to this body, and that you do not now, hold 201 Amendment No. 11. 1836; Proposal No. 1 made by the senate, on December 1910, concurred in by the house on January 11, 1911, concurred in by the serute of December 17, 1912, concurred in by the house on January 22, 1913, ratified on March 4, 1913, and proclaimed adopted on April 8, 1913. Amendment No. 2, 1836. ce of profit, or trust under the authority of Congress. So help you God. r'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, 1 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 emen of the county for which they are elected, respectively, who shall ve 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 e population, as ascertained by the census taken under the authority of ngress 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 seral 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, d appoint its own officers, as are incident to, or are possessed by, the House Representatives. A majority shall constitute a quorum, The Lieutenantovernor 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 hich 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 EXECUTIVE DEPARTMENT. 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 ive 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 He is to expedite the execution of such measures as may be relved upon by the General Assembly. And he may draw upon the Treasury or such sums as may be appropriated by the General Assembly. 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 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 xecuted. He may SEC. 21. The Governor may have a Secretary of Civil and Military Affairs, Amendment No. 27, 1883. 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 rem in his absence by the Lieutenant-Governor, and attested by the Secretary: d which Seal shall be kept by the Governor. SEC. 23. No person shall be eligible to the office of Governor or Lievie tenant-Governor until he shall have resided in this State four years next preceding the day of his election. SE 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 16 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 d charge the duties appertaining to the office of Governor accordingly and 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 Ju tices of the Supreme Court. And Sheriffs and High Bailiffs, before entering upon the duties of their respective offices, shall give sufficient security 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 the respective counties, in such manner and in such sums as shall be directed the Legislature. 15 SEC. 26. The Treasurer's accounts shall be annually audited, and a fer state thereof laid before the General Assembly at its biennial session in Ja uary. SEC. 27. No money shall be drawn out of the Treasury, unless first propriated by act of legislation. 'JUDICIARY DEPARTMENT. SEC. 28. The Courts of Justice shall be open for the trial of all cases proper for their cognizance; and justice shall be therein impartially admin tered, without corruption, or unnecessary delay. The Justices of the Suprem Court shall be Justices of the Peace throughout the State; and the sever Judges of the County Courts, in their respective counties, by virtue of their office, except in the trial of such causes as may be appealed to the Cour Court. SEC. 29. The Legislature may, when they shall conceive the same to b expedient and necessary, erect a Court of Chancery, with such powers as 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 partial 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 th 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. SEC. 32. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after his 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 reguated by law. And all prisoners, unless 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. SEC. 33. The Writ of Habeas Corpus shall in no case be suspended. It shall be a writ issuable of right; and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper thereor, 16 QUALIFICATIONS OF FREEMEN. 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 of one whole year next before the election of Representatives, and who is of quiet and peaceable behavior, and will take the following oath or affirmaion, 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 suffrage, touching any matter that concerns the State of Vermont, you will lo it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favor of any man.17 ELECTIONS-OFFICERS-TERMS OF OFFICE. 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, biendially, 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 of all persons voted for, with the number of votes given for each annexed o 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 Representative 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 Senate. The other list, the said presiding officer shall, within ten days, deliver o the Clerk of the County Court for the same county; and the Clerk of each County Court, respectively, or in case of his absence, or disability, the Sheriff 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 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; Proposal No. 2, 1913. See Note 5. 1 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, resig nation or otherwise. But they shall not have power to apportion the Sena tors to the several counties, otherwise than according to the population there agreeably to the provisions hereinbefore ordained.20 SEC. 38. The term of office of Senators and Town Representatives shal 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 choos ing Representatives to attend the General Assembly, bring in their votes fir Governor, with his name fairly written, to the Constable, who shall seal than 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 faithf 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 Repre sentatives shall by a joint ballot, elect to fill the office, not filled by the free men 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 elected by the freemen of the State upon the same ticket with the Governst, Lieutenant-Governor, and Treasurer; and the Legislature shall carry this pr vision 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 unti 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 s cessors are required to be chosen, and not after such adjournment.24 SEC. 42. The Justices of the Supreme Court and the Judges of the seversi County Courts (except Assistant Judges of the County Court), Major-Genera's 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 SEC. 43. The Joint Assembly may biennially on their first session aftet their election (or oftener if need be) elect Justices of the Supreme Court #14 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 20 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. 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 24 26, 1870. 26 Amendment No. 10, 1836; No. 14, 1850; No. 24, Section 2, and No. 26, 1870 |