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- CONSTITUTION
- OF THE
- STATE OF VERMONT
-
- A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE
- STATE OF VERMONT
-
-
- Art. 1st That all men are born equally free and independent, and have
- certain natural, inherent, and unalienable rights, amongst
- which are the enjoying and defending life and liberty, ac-
- quiring, possessing and protecting property, and pursuing
- and obtaining happiness and safety; therefore no person born
- in this country, or brought from over sea, ought to be hold-
- en by law, to serve any person as a servant, slave or ap-
- prentice, after he arrives to the age of twenty-one years,
- unless he is bound by his own consent, after he arrives to
- such age, or bound by law for the payment of debts, damages,
- fines, costs, or the like.
-
- Art. 2nd That private property ought to be subservient to public uses
- when necessity requires it, nevertheless, whenever any per-
- son's property is taken for the use of the public, the owner
- ought to receive an equivalent in money.
-
- Art. 3rd That all men have a natural and unalienable right, to wor-
- ship Almighty God, according to the dictates of their own
- consciences and understandings, as in their opinion shall be
- regulated by the word of God: and that no man ought to, or
- of right can be compelled to attend any religious worship,
- or erect or support any place of worship, or maintain any
- minister, contrary to the dictates of his conscience, nor
- can any man be justly deprived or abridged of any civil
- right as a citizen, on account of his religious sentiments,
- or peculia[r] mode of religious worship; and that no author-
- ity can, or ought to be vested in, or assumed by, any power
- whatever, that shall in any case interfere with, or in any
- manner control the rights of conscience, in the free exer-
- cise of religious worship. Nevertheless, every sect or
- denomination of Christians ought to observe the Sabbath or
- Lord's day, and keep up some sort of religious worship,
- which to them shall seem most agreeable to the revealed will
- of God.
-
- Art. 4th Every person within this state ought to find a certain rem-
- edy, by having recourse to the laws, for all injuries or
- wrongs which he may receive in his person, property or char-
- acter; he ought to obtain right and justice, freely, and
- without being obliged to purchase it; completely and without
- any denial; promptly and without delay; conformably to the
- laws.
-
- Art. 5th That the people of this state by their legal representa-
- tives, have the sole, inherent, and exclusive right of
- governing and regulating the internal police of the same.
-
- Art. 6th. That all power being originally inherent in and co[n]se-
- quently derived from the people, therefore, all officers of
- government, whether legislative or executive, are their
- trustees and servants; and at all times, in a legal way,
- accountable to them.
-
- Art. 7th. That government is, or ought to be, instituted for the
- common benefit, protection, and security of the people,
- nation, or community, and not for the particular emolument
- or advantage of any single man, family, or set of men, who
- are a part only of that community; and that the community
- hath an indubitable, unalienable, and indefeasible right, to
- reform or alter government, in such a manner as shall be, by
- that community, judged most conducive to the public weal.
-
- Art. 8th. That all elections ought to be free and without corruption,
- and that all freemen, having a sufficient, evident, common
- interest 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.
-
- Art. 9th. 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 consent, 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
- manner 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.
-
- Art. 10th That in all prosecutions for criminal offenses, a person
- hath a right to be heard by himself and his counsel; to de-
- mand the cause and nature of his accusation; to be confront-
- ed with the witnesses; 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 judgement of his peers; provided, nevertheless, in
- criminal prosecutions for offenses not punishable by death,
- the accused, with the consent of the prosecuting officer
- entered of record, may in open court or by a writing signed
- by him and filed with the court, waive his right to a jury
- trial and submit the issue of his guilt to the determination
- and judgement of the court without a jury.
-
- Art. 11th That the people have a right to hold themselves, their
- houses, papers, and possessions, free from search or sei-
- zure; and therefore warrants, without oath or affirmation
- first made, affording sufficient foundation for them, and
- whereby any officer or messenger may be commanded or re-
- quired to search suspected places, or to seize any person or
- persons, his, her or their property, not particularly de-
- scribed, are contrary to that right, and ought not to be
- granted.
-
- Art. 12th 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 as sacred.
-
- Art. 13th 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.
-
- Art. 14th 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.
-
- Art. 15th 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 partic-
- ular cases, as this Constitution, or the Legislature shall
- provide for.
-
- Art. 16th 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 be kept
- up; and that the military should be kept under strict sub-
- ordination to and governed by the civil power.
-
- Art. 17th 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 in the militia in
- actual service.
-
- Art. 18th 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.
-
- Art. 19th That all people have a natural and inherent right to emi-
- grate from one state to another that will receive them.
-
- Art. 20th 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.
-
- Art. 21st That no person shall be liable to be transported out of this
- state for trial for any offense committed within the same.
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