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880.VERMONT.TXT
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1994-02-11
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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.