Page images
PDF
EPUB

governor, or lieutenant governor, and council, who shall hear and determine the same, and may award 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 sufficient estate, ought to have some profession, calling, trade, or farm, whereby 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, centention, 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, become 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 such sums, as shall be directed by the legislature.

§ 28. The treasurer's accounts shall be annually audited, and a fair state 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 to 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 allegiance.

"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 government thereof, as established by convention: (If an oath) so help you God. (If an affirmation.) under the pains and penalties of perjury.

"You,

The Oath or Affirmation of office.

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."

§ 30. No 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 issues, 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.

1

§ 33. The person of a debtor, where there is not strong presumption of 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, 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.

§ 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,

M

maneys, 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 continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punishing by hard labour those who shall be convicted of crimes not capital, whereby the crimi. pal 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 labour.

§ 38. The estates 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 accidenrally occasion the death of any person, be henceforth deemed a deodand, or in anywise 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, counsellor, or representative in assembly, until after two years' residence.

§ 40. The inhabitants of this state shall have liberty, în 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 conve mient 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 pious and 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 be preserved inviolate for ever, there shall be chosen, by ballot, by the freemen of this state, on the last Wednes day 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 impeachments, 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 have 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. By order of the Convention, July 9th, 1793.

THOMAS CHITTENDEN, President, Attest, Lewis R. Morris, Secretary.

CHARTER OF

RHODE ISLAND,

Granted by King Charles II., in the fourteenth year of his reign.

Quintadecima pars Patentium Anno Regni Regnis Caroli Secundi Quintodecimo.

CHARLES the Second, by the grace of God, &c. to all to whom these presents shall come, greeting: Whereas we have been informed, by the petition of our trusty and well beloved subjects, John Clark, on the behalf of Benedict Arnold, William Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weeks, Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall Joulden, John Greene, John Roome, Samuel Wildbore,

« PreviousContinue »