« 上一頁繼續 »
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 IX. 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 own con. sent, or that of the representative body of the 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 man. ner 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 community than the money would be if not collected.
That in all prosecutions for criminal offenses, a person hath a right to be heard by himself and his counsel; to demand the cause and nature of his accusation; to be confronted with the wit. nesses; to call for evidence in his favor, and a speedy public trial by an impartial jury of the 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 XI. That the people have a right to hold themselves, their houses, papers and possessions, free from search or seizure; and there fore 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 XII. That when any issue in fact, proper for the cognizance of a jury is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred.
ARTICLE XIII. 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.
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 XV. 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 XVI. That the people have a right to bear arms for the defense of themselves and the State -- and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.
ARTICLE XVII. 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 XVIII. That frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry and frugality are absolutely necessary to preserve the blessings 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 XIX. That all people have a natural and inherent right to emigrate from one State to another that will receive them.
That the people have a right to assemble together to consult for their common good — to instruct their representatives — and to apply to the Legislature for redress of grievances, by address, petition or remonstrance.
ARTICLE XXI. That no person shall be liable to be transported out of this State for trial for any offense committed within the same.
Plan or Frame of Government. Section 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:
Sec. 2. The supreme legislative power shall be vested in a House of Representatives of the freemen of the Commonwealth or State of Vermont.
Sec. 3. The supreme executive power shall be vested in a Governor, or, in his absence, a Lieutenant-Governor, and Council.
Sec. 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 causes proper for their cognizance; and justice shall be therein impartially administered without corruption or unnecessary delay. The judges of the Supreme Court shall be justices of the peace throughout the State; and the several 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 County Court.
Sc. 5. A future Legislature may, when they shall conceive the same to be expedient and necessary, erect a Court of Chancery, with such powers as are 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. 6. The legislative, executive and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.
Sec. 7. In order that the freemen of this State might enjoy the benefit of election as equally as may be, each town within this State that consists or may consist of eighty taxable inhabitants within one septenary or seven years next after the establishing this Constitution, may hold elections therein, and choose each two Representatives; and each other inhabited town in this State may, in like manner, choose each one Representative to represent them in General Assembly during the said septenary or seven years, and after that, each inhabited town may, in like manner, hold such elections and choose each one Representative forever thereafter,
Sec. 8. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen by ballot by the freemen of every town in this State, respectively, on the first Tuesday of September annually, forever.
Sec. 9. The Representatives so chosen (a majority of whom shall constitute 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 on the second Thursday of the succeeding October, and shall be styled the General Assembly of the State of Vermont; that shall have power to choose their Speaker, Secretary of State, their clerk, and other necessary officers of the House — sit on their own adjournments — prepare bills and enact them into laws --- 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; they may administer oaths and affirmations in matters depending before them --- redress grievances --- impeach State criminals grant charters of incorporation - constitute towns, boroughs, cities and counties; they may annually, on their first session after their election, in conjunction with the Council (or oftener if need be), elect judges of the Supreme and several County and Probate Courts, sheriffs and justices of the peace; and also, with the Council, may elect major-generals and brigadier-generals,
from time to time, as often as there shall be occasion; and they shall have all other powers necessary for the Legislature of a free and sovereign State; but they shall have no power to add to, alter, abolish or infringe any part of this Constitution.
Sec. 10. The Supreme Executive Council of this State shall consist of a Governor, Lieutenant-Governor, and twelve persons chosen in the following manner, viz.: 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 the Governor," and deliver them to the Representative chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort and count the votes for the Governor, and declare the person who has the major part of the votes, to be Governor for the year ensuing. And if there be no choice made, then the Council and General Assembly, by their joint ballot, shall make choice of a Governor. The LieutenantGovernor and Treasurer shall be chosen in the manner above directed. And each freeman shall give in twelve votes for twelve Counsellors, in the same manner, and the twelve highest in nomi. nation shall serve for the ensuing year as Counsellors.
Sec. 11. The Governor, and in his absence, the LieutenantGovernor, with the Council (a major part of whom, including the Governor, or Lieutenant-Governor, shall be a quorum to transact business), shall have power to commission all officers - and also to appoint officers, except where provision is, or shall be other. wise made, by law or this frame of government — and shall sup. ply every vacancy in any office, occasioned by death or other. wise, until the office can be filled in the manner directed by law or this Constitution. They are to correspond with other States. transact business with officers of government civil and military and to prepare such business as may appear to them necessary, to lay before the General Assembly. They shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the judges of the Supreme Court. And shall have power to grant pardons and remit fines, in all cases whatsoever except in treason and murder; in which they shall have power