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SECT. 5. A future Legislature may, wben they fall conceive the same to be expedient and necessary, erect a Court of Chancery, with such powers as are usually exercised by thatCourt,or as shall appear for the intereft of the Commonwealth- Provided, they do not constitute themielves the Judges of the said court.
Sect. 6. The Legislative, Executive, and Judiciary Departments, shall be separate and distinct, fo that neither exercise the powers belonging to the other.
SECT. 7. In order that the freemen of this State may 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 feptenary or seven years next after the establishing this Constitution, may hold elections therein, and chuse each two representatives ; and each other inhabited town in this State, may, in like manner, chuse each one Reprefentative, to represent them in General Alsembly, during the said feptenary, or feven years ; and after that, each inhabited town may, in like inanner, hold such election, and chuse each one Representative forever thereafter.
Sect. 8. The Ilouse of Representatives of the freemen of this State, shall confiit of persons inost noted for wisdom and virtue, to be chosen, by ballot, by the freemen of every town in this State, respectively, on the fir ft Tuerday of Sepiember arnually forever.
Sect.9. The Representatives lo chofen (a majority of whom shall constitute a quorum for transacting any other businels than raising a Srate tax, for which twothirds of the members elected fhall be present) shall meet on the second Thursday of the succeeding October, and shall be styled The General Assembly of the State of Vermont ; they shall have power to chule their Speaker, Secretary of State, their Clerk, and other necessary officers of the House--fit on their own adjournmentsprepare 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 be
fore them-redress grievances--impeach flate 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 ofteper if need be) elect Judges of the Supreme and leveral 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 lovereign Stare: but they fhall have no power to add to, alter, abolish, or infringe any part of this Conftitution,
SEÇT. 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 the election for chusing 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 Representatives chosen to attend the General Assembly ; and at the opening of the General Aflembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faitoful discharge of their trust, Mall 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 ensua ing. And if there be no choice made, then the Council and General Assembly, by their joint ballot, hall make choice of a Guvernor. The Lieutenant-Governor and Treasurer fall be cholen 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 nomination shall serve for the ensuing year as Counsellors.
SECT. 11. The Governor, and in his absence the Lieutenant-Governor, with the Council, (a major part of whom, including the Governor, or Lieutenant Governor, shall be a quorum to transact businets) hall have
Sect. 15. The stile of the laws of this State in fur ture to be passed, shall be, It is hereby enacted by the General Assembly of the State of Vermont.
SECT. 16. To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills which originate in the Assembly, shall be laid before the Governor and Council for their revision and concurrence, or proposals of amendment, who shall return the same to the Assembly, with their proposals of amendment, if any, in writing ; and if the same are not agreed to by the Asssembly, it shall be in the power of the Governor and Council to suspend the passing of such bills until the next session of the Legislature : Provided, that if the Governor and Council shall neglect or refuse to return any such bill to the Assembly, with written proposals of amendment, within five days, or before the rising of the Legislature, the same shall become a law.
SECT. 17. No money shall be drawn out of the Treasury, unless first appropriated by act of Legislation.
SECT. 18. No person shall be elected a Representative, until he has resided two years in this State'; the last of which shall be in the town for which he is e. lected.
Sect. 19. No Member of the Council, or House of Representatives, shall, directly or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business, to be transacted in the Le: gislature, or advocate any cause, as Council, in either House of legislation, except when employed in behalf of the State.
Sect. 20. No person ought, in any case, or in any time, to be declared guilty of treason or felony, by the Legislature.
SECT. 21. Every man of the full age of twenty-one years, having resided in this State for the space of one whole year next before the election of Representatives, and is of a quiet and peaceable behaviour, and will take the following oath or affirmation, shall be entitled to all the privileges of this State :-" You do solemily swear for affirm) that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favour of any man.”
SECT. 22. The inhabitants of this State shall be train. ed and armed for its defence, under such regulations, restrictions, and exceptions, as Congress agreeably to the Constitution of the United States, and the Legislature of this State shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain and other officers, and the captains and subalterns shall nominate and recommend the field officers of their respective regiments, who shall appoint their staff officers
Sect. 23. All commissions shall be in the name of the Freemen of the State of Vermont, sealed with the State seal, signed by the Governor, and in his absence the Lieutenant-Governor, and attested by the Sea cretary ; which seal shall be kept by the Governor.
SECT. 24. Every Officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation or removal for mal-administration. All impeachments shall be before the Governor, or Lieutenant Governor, and Council, who shall hear and determine the same, and may award costs; and no trial or impeachment shall be a bar to a prosecution at law.
Sect. 25. As every freeman, to preserve his independence (if without a sufficient estate) ought to have some profession, calling, trade or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen in the possessors or expectants, and faction, contention and discord among the people. But if any man is called into public service to the prejudice of his private affairs, he has a right to a reasonable compensation; and whenever an office, through increase of fees or on therwise, becomes so profitable as to occasionmany to
apply for it, the profits ought to be lessened by theLegislatyre. And if any officer shall wittingly and wilfully, take greater fees than the law allows him, it shall ever after disqualify him from holding any office in this State, until he shall be restored by act of legislation.
Sect. 26. No person in this State shall be capable of holding or exercising more than one of the following offices at the same time, viz. Governor, LieutenantGovernor, Judge of the Supreme Court, Treasurer of the State, Member of the Council, Member of the General Assembly, Surveyor-General, or Sheriff. Nor shall any person, holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the Legislature, or of holding any executive or judiciary office under this State.
SECT. 27. The Treasiver of the State shall, before , the Governor and Council, give sufficient security to the Secretary of the State, in behalf of the General Assembly ; and each High Sheriff, before the Judge of the County Gourt, to the Treasurer of their respective counties, previous to their respectively entering upon the execution of their offices, in such manner, and in such sums, as shall be directed by the Legislature.
Sect. 28. The Treasurer's accounts shall be annually audited, and a fair state thereof laid before the General Assembly, at their session in October.
SECT. 29. Every officer, whether judicial, executive or military, in authority under this State, before he enters upon the execution of his office, shall take and subscribe the following oath or affirmation of allegiance to this State (unless he shall produce evidence that he has before taken the same), and also the following oath or affirmation of office, except military officers, and such as shall be exempted by the Legislature.
The Oath or Affirmation of Allegiance. “ You do solemnly swear (or affirm) that you will be true and faithful to the State of Vermont, and that you will not, directly or indirectly, do any act or thing injurious to the constitution or government thereof, as established by convention. (If an oath) so help you God. (If an affirmation) under the pains and penalties of per jury."