rence, 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 Assembly, it shall be in the power of the Governour and Council to suspend the passing of such bills until the next session of the legislature. Provided, that if the Governour 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.

ART. 17. No money shall be drawn out of the treasury, unless first appropriated by act of legislation.

ART. 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 elected.

ART. 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 legislature, or advocate any cause as counsel in either house of legislation, except when employed in behalf of the state.

ART. 20. No person ought in any case, or in any time, to be declared guilty of treason, or felony, by the legisla

ture.

ART. 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 a freeman of this state.

"You solemnly swear (or 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."

ART. 22. The inhabitants of this state shall be trained 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 their field-officers, of their respective regiments, who shall appoint their staff-officers.

ART. 23. All commissions shall be in the name of the freemen of the state of Vermont, sealed with the state seal, signed by the Governour, and in his absence the Lieutenant Governour, and attested by the secretary: which seal shall be kept by the Governour.

ART. 24. Every officer of the 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 Governour 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.

ART. 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 aud servility, unbecoming freemen, in the possessors, or expectants, and faction, contention and discord among the people. But if any man is called into publick 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 otherwise, becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature. 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.

ART. 26. No person in this state shall be capable of holding or exercising more than oneof the following offices at the same time, viz. Governour, Lieutenant-Governour, 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.

ART. 27. The treasurer of the state shall before the Governour and Council give sufficient security to the secretary of the state, in behalf of the General Assembly, and each high sheriff, before the first judge of the county court, to the treasurer of their respective counties, previous to their respectively entering upon the execution of their offiees, in such manner and in such sums, as shall be directed by the legislature.

ART. 28. The treasurer's account shall be annually audited, and a fair statement thereof be laid before the General Assembly, at their session in October.

ART. 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 perjury."

"You

THE OATH, OR AFFIRMATION OF OFFICE.

do solemnly swear (or affirm) that you and will therein do equal right and justice to all men, to the best of your judgment and abilities, according to law. (If an oath) so help you God, (if an affirmation) under the pains and penalties of perjury.

ART. 30. No person shall be eligible to the office of Governour, or Lieutenant-Governour, until he shall have resided in this state four years next preceding the day of his election.

ART. 31. Trials of issues proper for the cognizance of a jury, in the Supreme and county Courts, shall be by jury, except 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.

ART. 32. All prosecutions shall commence, By the authority 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.

ART. 33. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up and assigning over bona fide, 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, shall be bailable, by sufficient sureties; nor shall excessive bail be exacted for bailable offences.

ART. 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, monies, 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 shall directly or indirectly give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year, and be subject to such further punishment as a future legislature shall derect.

ART. 35. 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 office of the same county.

ART. 36. The legislature shall regulate entails, in such manner as to prevent perpetuities.

ART. 37. To deter more effectually from the commission of crimes, by continued visible punishments less necessary, means ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital whereby the criminal shall be employed 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 labour.

ART. 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 misfortune.

ART. 39. Every person of good character who comes to settle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer, land, or other real estate, and after one year's residence shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this state: except, that he shall not be capable of being elected Governour, Lieutenant-Governour,

treasurer, councillor, or representative in Assembly, until after two years' residence.

ART. 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 boatable and other waters (not private property,) under proper regulations to be hereafter made and provided by the General Assembly.

ART. 41. Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force and duly executed, and a competent number of schools ought to be maintained in each town, for the convenient instruction of youth, and one or more grammar schools be incorporated, and properly supported, in each county in this state. And all religious societies or bodies of men that may be hereafter united or incorporated for the advancement of religion, 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 enjoy, under such regulations as the General Assembly of this state shall di

rect.

ART. 42. The declaration of the political rights and privileges of the inhabitants of this state, is hereby declared to be a part of the constitution of this commonwealth, and ought not to be violated on any pretence what

ever.

ART. 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 persons, who shall be chosen in the same manner the Council is chosen, except they shall not be out of the Council or General Assembly, to be called the Council of Censors, who shall meet together on the first Wednesday of June next ensuing their election, the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree; and whose duty it shall be to inquire, whether the constitution has been preserved inviolate in every part, during the last septenary, (including the year of their service,) and whether the legislative and executive branches of government have performed their