no 



CIVIL HISTORY OF VERMONT. 



Part II. 



DECLARATION OF RIGHTS. 



FRAME OF GOVERNMENT. 



offences, a person hath a right to be 

 heard, by himself and his counsel; to 

 demand the cause and nature of his ac- 

 cusation; to be confronted with tlie wit- 

 nesses ; to call for evidence in his favor, 

 and a speedy public trial, by an impartial 

 jury of the country, without the unanim- 

 ous 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 lib- 

 erty, e.xcept by the laws of the land, or 

 the judfjment of his peers. 



XI. That the fjeople 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 

 lo seize any person or persons, his, her, 

 or their property, not particularly describ- 

 ed, are contrary to that right, and ought 

 not to be granted. 



XII. Tiiat when any issue in fact, 

 proper for the cognizance of a jury, is 

 joined in a court of law, the parties liave 

 a right to trial by jury, which ought to 

 be held sacred. 



XIII. Tiiat the people have a right of 

 freedom of speech, and of writing and 

 publishing tlieir sentiments concerning 

 the transactions of government, and tliere- 

 fore the freedom of the press ought not to 

 be restrained. 



XIV. 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 com- 

 plaint, in any other court, or place wliat- 

 soever. 



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 constitu- 

 tion, or tJie legislature, shall provide 

 for. 



XVI. That the people have a right to 

 bear arms for the defence of themselves 

 and the state; and as standing armies, in 

 time of peace, are dangerous to liberty, 

 they ought not to bo kept up : and that 

 the military sliould be kept under strict 

 subordination to, and be governed by, the 

 civil power. 



XVII. That no person in this state can 

 in any case be subjected to law-marl^ial, 

 or to any penalties or pains by virtue of 

 that law, except ihose employed in the 

 armv, and the militia in actual service. 



XV'III. That frequent recurrence to 



fundamental principles, and a firm adher- 

 ence to justice, moderation, temperance, 

 industry, and frugality, are absolutely 

 necessary to preserve the blessings of lib- 

 erty, and keep government free ; the peo- 

 ple ought, therefore, to pay particular at- 

 tention to these points in the choice of 

 olKcers and representatives, and have a 

 right, in a legal way, to exact a due and 

 constant regard to them from their legis- 

 lators and magistrates, in making and ex- 

 ecuting such laws as are necessary for the 

 good government of the state. 



XIX. That all people have a natural 

 and inherent right to emigrate from one 

 state to another that will receive them. 



XX. That the people have a right to 

 assemble together to consult for their 

 common good; to instruct their represen- 

 tatives ; and to apply to the legislature 

 for redress of grievances, by address, pe- 

 tition, or remonstrance. 



XXI. That no person shall be liable 

 to be transported out of this state, for tri- 

 al, for any offence committed within the 

 same. 



Part II. Frame of Government, 



Sf.ction 1. The commonwealth or 

 state of Vermont shall be governed here- 

 after by a governor, (or lieutenant gover- 

 nor,^ council, and an assembly of the 

 representatives of tlie freemen of the 

 same, in manner and form following: 



Sect. 2. The supreme legislative pow- 

 er shall be vested in a house of repre- 

 sentatives of the freemen of the common- 

 wealtli or state of Vermont. 



Sect. 3. The supreme executive power 

 shall be vested in a governor, or, in his 

 absence, a lieutenant governor and coun- 

 cil. 



Sect. 4. Courts of justice shall be 

 maintained in every county in this state, 

 and also in new counties when formed, 

 wliich courts shall be open for the trial of 

 all causes proper for their cognizance, and 

 justice shall be therein impartially admin- 

 istered without corruption, or unnecessa- 

 ry delay. The judges of the supreme 

 court shall be justices of the peace 

 tliroughout the state, and the several 

 judges of the county courts in their res- 

 pective counties, by virtue of their office, 

 except in the trial of such causes as may 

 be appealed to the county court. 



Sect. o. 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 usu- 

 ally exercised by that court, or as shall 

 appear for the interest of the common- 

 wealth ; provided, they do not constitute 

 themselves the judges of said court. 



