114 



CIVIL HISTORY OF VERMONT. 



Part II. 



CONSTITUTION OF VERMONT. 



FRAME OF GOVERNMENT. 



the cognizance of a jury, in the supreme 

 and county courts, shall be by jury, ex- 

 cept 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. 



Sect. 3"2. All prosecutions shall com- 

 mence. By the autkoritij 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. 



Sect. 33. The person of a debtor, 

 wliere there is not strong presumption of 

 fraud, shall not be continued in prison af- 

 ter delivering up and assigning over, ?^o?iffi 

 jide^ 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, 

 sliall be bailable, by sufficient sureties ; 

 nor shall excessive bail be exacted for 

 bailable offences. 



Sect. 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, moneys, 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 sliall directly 

 or indirectly give, promise, or bestow, any 

 such rewards to be elected, shall thereby 

 be rendered incapable to serve for the en- 

 suing year, and be subject to such further 

 punishment as a future legislature shall 

 direct. 



Sect. 3-5. 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 

 ofSce of the same county. 



Sect. 3G. The legislature shall regu- 

 late entails, in such manner as to prevent 

 perpetuities. 



Sect. 37. To deter more effectually 

 from the commission of crimes, b}^ con- 

 tinued visible punishments of long dura- 

 tion, and to make sanguinary punishments 

 less necessary, means ouo-ht to be provi- 

 ded for punishing by hard labor those 

 who shall be convicted of crimes not capi- 

 tal, w^hereby the criminal shall be em- 

 ployed 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 

 labor. 



Sect. 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 accidentally 

 occasion the death of any person, be 

 henceforth deemed a deodand, or in any 

 wise forfeited, on account of such mis- 

 fortune. 



Sect. 39. Every person of good char- 

 acter, who comes to settle in this state, 

 having first taken an oath or affirmation 

 of allegiance to the state, may purchase, 

 or by other just means acquire, hold, and 

 transfer land, or other real estate, and af- 

 ter 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 gov- 

 ernor, treasurer, councillor, or represen- 

 tative in assembly, until after two years' 

 residence. 



Sect. 40. The inhabitants of this state 

 shall have liberty in seasonable times to 

 hunt and fowl, on the lands they hold, 

 and on other lands not inclosed, and in 

 like manner to fish in all beatable and 

 other waters (not private property) under 

 proper regulations to be hereafter made 

 and provided by the general assembly. 



Sect. 41. Laws for the encourage- 

 ment of virtue and prevention of vice and 

 immorality ought to be constantly kept in 

 force, and duly executed ; and a compe- 

 tent number of schools ought to be main- 

 tained in each town, for the convenient 

 instruction of youth, and one or more 

 grammar-schools to be incorporated, and 

 properly supported, in each county in the 

 state. And all religious societies or bodies 

 of men tiiat may be hereafter united or 

 incorporated for the advancement of re- 

 lio-ion 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 enjo}', under such 

 regulations as the general assembly of this 

 state shall direct. 



Sect. 42. The declaration of the po- 

 litical rights and privileges of the inhab- 

 itants of this state, is hereby declared to 

 be a part of the constitution of this com- 

 monwealth, and ought not to be violated, 

 on any pretence w'hatsoever. 



Sect. 43. In order that the freedom 

 of this commonwealth may be preserved 

 inviolate forever, there shall be chosen by 

 ballot, by the freemen of this state, on the 

 last Wednesday 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 per- 

 sons, who sliall be chosen in the same 

 manner the council is chosen, except they 



