



                                  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.




