AMENDMENTS OF THE CONSTITUTION. CONSTITUTION OF VERMONT. shall not be out of the council or general | after be styled the House of Representaassembly, to be called the council of cen- tives. sors, who shall meet together on the first ART. 3. The supreme legislative power Wednesday of June next ensuing their of this state shall hereafter be exercised by election, the majority of whom shall be a a senate and the house of representatives; quorum in every case, except as to call- which shall be styled, "The General Asing a convention, in which two thirds of sembly of the state of Vermont."-Each the whole number elected shall agree; shall have and exercise the like powers and whose duty it shall be to inquire in all acts of legislation; and no bill, reswhether the constitution has been pre-olution, or other thing, which shall have served inviolate in every part during the been passed by the one, shall have the last septenary, (including the year of their | effect of, or be declared to be, a law, with. service,) and whether the legislative and out the concurrence of the other. Proexecutive branches of government have vided, that all revenue bills shall originate performed their duty as guardians of the in the house of representatives, but the people, or assumed to themselves, or ex- senate may propose or concur with amendercised other or greater powers than they ments, as on other bills. Neither house, are entitled to by the constitution. They during the session of the general assemare also to inquire whether the public bly, shall, without the consent of the othtaxes have been justly laid and collected er, adjourn for more than three days, nor in all parts of this commonwealth; in to any other place than that in which the what manner the public moneys have two houses shall be sitting,-and in case been disposed of, and whether the laws of disagreement between the two houses, have been duly executed. For these pur- with respect to adjournment, the governor poses they shall have power to send for may adjourn them to such time as he shall persons, papers, and records;—they shall think proper. 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. ARTICLES OF AMENDMENT. ART. 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 each county respectively. Each county shall be entitled to one senator, at least, and the remainder of the senators shall be apportioned to the sev eral 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 greater fraction.-But the several counties shall, until after the next census of 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 sevARTICLE 1. No person, who is not al-eral counties, after the taking of each ready a freeman of this state, shall be entitled to exercise the privileges 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. ART. 2. The most numerous branch of the legislature of this state shall here census of the United States, or census taken for the purpose of such apportionment, by order of the government of this state, always regarding the above provisions in this article. ART. 5. The freemen of the several towns in each county, shall annually give their votes for the senators, apportioned CONSTITUTION OF VERMONT. AMENDMENTS OF THE CONSTITUTION. The lieutenant governor shall be president of the senate, except when he shall exercise the office of governor, or when his office shall be vacant, or in his absence; in which cases, the senate shall appoint one of its own members to be president of the senate, pro tempore. And the president of the senate shall have a casting vote, but no other. ART. 7. The senate shall have the sole power of trying and deciding upon all impeachments;-when sitting for that purpose, they shall be on oath, or affirmation, and no person shall be convicted, without the concurrence of two thirds of the members present. Judgment, in cases of impeachment, shall not extend farther, than to removal from office, and disqualification to hold or enjoy any office of honor, or profit, or trust, under this state. But the party convicted, shall, nevertheless, be liable, and subject to indictment, trial, judgment, and punishment, according to law. to such county, at the same time and un- | A majority shall constitute a quorum. der the same regulations, as are now provided for the election of councillors. 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 name, 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 ART. 8. The supreme executive powthe president of the senate; the other list, er of the state, shall be exercised by the the said presiding officer, shall, within governor, or in case of his absence or disten days, deliver to the clerk of the county ability, by the lieutenant governor; who court, for the same county, and the clerk shall have all the powers and perform all of each county court, respectively, or in the duties vested in, and enjoined upon case of his absence or disability, the sher- the governor and council, by the eleventh iff of such county, or in case of the ab- and twenty-seventh sections of the second sence or disability of both, the high bailiff chapter [part the second] of the constituof such county, on the tenth day after tion, as at present established, excepting such election, shall publicly open, sort that he shall not sit as a judge, in case of and count said votes, and make a record impeachment, nor grant reprieve, or parof the same, in the office of the clerk of don, in any such case; nor shall he comsuch county court, a copy of which he mand the forces of the state in person, in shall transmit to the senate; and shall al-time of war, or insurrection, unless by the so, within ten days thereafter, transmit to advice and consent of the senate; and no the person or persons elected, a certificate | longer than they shall approve thereof. of his or their election. Provided, how- The governor may have a secretary of ever, that the general assembly shall civil and military affairs, to be by him aphave power to regulate by law, the mode pointed during pleasure, whose services of ballotting for senators, within the sev- he may at all times command; and for eral counties, and to prescribe the means, whose compensation, provision shall be and the manner by which the result of made by law. the ballotting shall be ascertained, and ART. 9. The votes for governor, lieuthrough which the senators, chosen, shall tenant governor, and treasurer of the be certified of their election, and for fill- state, shall be sorted and counted, and ing all vacancies in the senate,' which the result declared by a committee, apshall happen by death, resignation, or oth-pointed by the senate and house of repreerwise. But they shall not have power sentatives. If, at any time, there shall to apportion the senators to the several counties, otherwise than according to the population thereof, agreeably to the provisions, herein before ordained. ART. 6. The senate shall have the like powers to decide on the election and qualifications of, and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or are possessed by, the house of representatives. 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. ART. 10. The secretary of state, and CONSTITUTION OF VERMONT. LEGISLATURE OF VERMONT. gislation, each bill passed by the house was required to be submitted to the governor and council for their approval, or proposals of amendment; and if they dis all officers, whose elections are not other- | but, as a check to hasty and injudicious lewise provided for, and who, under the existing provisions of the constitution, are elected by the council and house of representatives, shall, hereafter, be elected by the senate and house of rep-approved of the bill, or proposed amendresentatives, 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. : ments, and the representatives did not concur with them, they had power to suspend the final passage of the bill till the next session of the legislature. Thus every bill, of which the governor and council disapproved, was, in effect, sub had an opportunity of expressing their pleasure respecting it, in the selection of their representatives for the succeeding year. If the next house of representatives repassed the suspended bill, it then became a law without the concurrence of the governor and council. ART. 11. Every bill, which shall have passed the senate and house of represen-mitted directly to the people, and they tatives, shall, before it become a law, be presented to the governor if he approve, he shall sign it; if not, he shall return it, with his objections in writing, to the house in which it shall have originated; which shall proceed to reconsider it. If, upon such reconsideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and if approved by a majority of that house, it shall become a law. 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 afore said, 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 Kouses, by their adjournment, within three days after the presentment of such bill, shall prevent its return; in which case it shall not become a law. : The effect of the amendment of the constitution in 1836 was to dispense with the executive council, and establish, in its stead, a senate as a co-ordinate branch of the legislature; so that the legislative power is now vested in a senate of 30 members chosen by counties, and a house of representatives, consisting of one member from each organized town, all elected annually. Bills (with the exception of those for raising revenue, which must originate in the house of representatives,) may originate in either house, but no bill can become a law without the concurrence of a majority of both houses. And every bill thus passed by the two houses, before it becomes a law, must be submit ted to the governor, who, if he approve, shall sign it. If not, he shall return it ART. 12. The writ of habeas corpus with his objections, to the house in which shall, in no case, be suspended.-It shall it originated, which house shall reconsidbe a writ, issuable of right; and the gen-er it and send it to the other house, and eral assembly shall make provision to if a majority of both houses shall repass render it a speedy and effectual remedy the bill, it shall then become a law within all cases proper therefor. out the governor's signature. ART. 13. Such parts and provisions, Previous to the year 1808, the legislaonly, of the constitution of this state, es-ture of Vermont had no fixed place of tablished by convention, on the 9th day of holding its sessions, but changed its place July, one thousand seven hundred and of meeting from town to town at its pleasninety three, as are altered or superseded ure. But in 1808, a state house was by any of the foregoing amendments, or erected in Montpelier, and since that peare repugnant thereto, shall hereafter riod Montpelier has been the permanent cease to have effect. seat of the government. For some time after the organization of the government, there were two or more sessions of the general assembly in each year, but for many years past there has been only one By the preceding section it may be session annually, commencing on the 2d seen that, previous to the amendment of Thursday in October, and usually continthe constitution in 1836, the government uing from three to four weeks. The first of this state approached very nearly to a general assembly met March 12, 1778, pure democracy. The whole legislative and the officers then appointed continued power was vested in a house of represen- till October, when new ones were chotatives, chosen annually by the people; sen. SECTION II. Legislature of Vermont. |