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"All causes of marriage, divorce, and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court, until the legislature shall by law make other provision."

CONSTITUTION OF

VERMONT.

Adopted by the convention holden at Windsor,
July 4th, 1793.

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A Declaration of Rights of the Inhabitants of
the state of Vermont.

ARTICLE 1.

THAT all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety: therefore, no male person, born in this country, or brought from over sea, ought to be holdon by law to serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.

ARTICLE 2.

That private property ought to be subservient to public uses, when necessity requires it; nevertheless, when any person's property is taken for the use of the public, the owner ought to receive an equivalent in money.

ARTICLE. 3.

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 to, 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 whatever, 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 religious worship, which to them shall seem most agreeable to the revealed will of God.

ARTICLE 4.

Every person within this state 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 law.

ARTICLE 5.

That the people of this state, by their legal representatives, have the sole, inherent, and exclusive right of governing and regulating the internal police of the same.

ARTICLE 6.

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, ac

countable to them.

ARTICLE 7.

That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular einolument or advantage of any single man, family, or set of men, wh

are a part only of that community; and that the community hath an indubitable, unalienable, and indefeasible right to reform or alter government, in such manner as shall be, by that community, judged most conducive to the public weal. ARTICLE 8.

That all elections ought to be free and without corruption, and that all freemen, having a sufficient evidence, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution.

ARTICLE 9.

That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto; but no part of any person's property can be justly taken from him, or applied to public uses without his consent, or that of the representative body of 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 com munity, then the money would be if not collected.

ARTICLE 10,

That, in all prosecutions for criminal offences, a person hath a right to be heard by himself and his counsel; to demand the cause and nature of his accusation; to be con. fronted with the witnesses; to call for evidence in his favour, and a speedy public trial, by an impartial jury of his 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 person be justly deprived of his liberty, except by the laws of the land, or the judgment of his peers.

ARTICLE 11.

That the people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure;

and, therefore, warrants, without oath or affirmation first made, affording sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her, or their property, not particularly described, are contrary to that right, and ought not to be granted.

ARTICLE 12.

That when issue in fact, proper for the cognizance of jury, is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred.

ARTICLE 13.

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.

ARTICLE 14.

The freedom of deliberation, speech, and debate, in the legislature, 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.

ARTICLE 15.

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 as this constitution, or the legislature, shall provide for.

ARTICLE 16.

That the people have a right to bear arms for the defence of themselves and the state; and, as standing armies în time of peace are dangerous to liberty, they ought not to be kept up; and the military should be kept under strict subordinaton, to, and governed by, the civil power.

ARTICLE 17.

That no person in this state 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.

ARTICLE 18.

The frequent recurrence to fundamental principles, and firm adherence to justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the bless ings 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 making and executing such laws as are necessary for the good government of the

state.

ARTICLE 19.

That all people have a natural and inherent right to emigrate from one state to another that will receive them.

ARTICLE 20.

That the people have a right to assemble together to consult for their common good: to instruct their representatives: and apply to the legislature for redress of grievances, by address, petition, or remonstrance.

ARTICLE 21.

That no person shall be liable to be transported out of this state, for trial for any offence committed within the same.

CHAP. 2.

Plan or Form of Government.

§ 1. The commonwealth or 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:

§ 2. The supreme legislative power shall be vested in a house of representatives, of the freemen of the commonwealth or state of Vermont.

§3. The supreme executive power shall be vested in a governor, or, in his absence, a lieutenant governor, and council.

§ 4. Courts of justice shall be maintained in every county in this state, and also in new counties, when formed; which courts shall be open for the trial of all rauses proper for their cognizance; and justice shall be therein impartially pinistered, without corruption or unnecessary delay,

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