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the principal, shall be invested in like manner, and under the same restrictions as provided for the investment and control of the perpetual public school fund, in section four and five (4 and 5) in this article of the Constitution, and the Legislature shall have no power to appropriate the university fund for any other purpose than that of the maintenance of said universities, and the Legislature shall, at an early day, make such provisions, by law, as will organize and put into operation the university.]

S9. [The four hundred thousand acres of land that have been surveyed and set apart, under the provisions of a law approved 30th August, A. D., 1856, for the benefit of a lunatic asylum, a deaf and dumb asylum, a blind asylum, and an orphan asylum, shall constitute a fund for the support of such institutions, one-fourth part for each; and the said fund shall never be diverted to any other purpose. The said lands may be sold, and the funds invested under the same rules and regulations as provided for the lands belonging to the school fund. The income of said fund only shall be applied to the support of such institutions; and until so applied, shall be invested in the same manner as the principal.]

10. [The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint an officer to be styled the Superintendent of Public Instruction. His term of office shall be four years, and his annual salary shall not be less than ($2,000) two thousand dollars, payable at stated times; and the Governor, Comptroller and Superintendent of Public Education, shall constitute a Board to be styled a Board of Education, and shall have the general management and control of the perpetual school fund, and common schools, under such regulations as the Legislature may hereafter prescribe.]

§ 11. The several counties in this State which have not received their quantum of the lands for the purposes of education, shall be entitled to the same quantity heretofore appropriated by the Congress of the Republic of Texas, [and the State,] to other counties. [And the counties which have not had the lands to which they are entitled for educational purposes, located, shall have a right to contract for the location, surveying and procuring the patents for said lands, and of paying for the same with any portion of said lands so patented, not to exceed one-fourth of the whole amount to be so located, surveyed and patented-to be divided according to quantity, allowing to each part a fair proportion of land, water and timber.]

ARTICLE XI.

SECTION 1. All certificates for head-right claims to land, issued to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were null and void from the beginning.

ARTICLE XII.
LAND OFFICE.

SECTION 1. There shall be one general land office in the State, which shall be at the seat of government, where all titles which have heretofore emanated, or may hereafter emanate from government, shall be registered; and the Legislature may establish, from time to time, such subordinate officers as they may deem requisite,

Done in Convention by the deputies of the people of Texas, at the city of Austin, this second day of April, in the year of our Lord, one thousand eight hundred and sixty-six. In testimony whereof, we have hereunto subscribed our names.

J. W. THROCKMORTON, President of the Convention.
D. C. DICKSON, President pro tem.
WM. M. TAYLOR, President pro tem.

Attest: LEIGH CHALMERS, Secretary of the Convention.

CONSTITUTION OF VERMONT. 1793.*

PART THE FIRST.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT.

ARTICLE 1. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, among which are the enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden, by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs or the like.

ART. 2. That private property ought to be subservient to public uses, when necessity requires it; nevertheless, whenever any person's property is taken for the use of the public, the owner ought to receive an equivalent in money.

ART. 3. That all men have a natural and inalienable right to worship 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 peculiar mode of religious worship; and that no authority 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 exercise 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.

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ART. 4. Every person within this State ought to find a certain remedy, by having recourse to the laws, for injuries or wrongs which he may receive in his person, property or character; 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. 5. That the people of this State, by their legal Representatives, have the sole, inherent and exclusive right of governing and regulating the internal police of the

same.

ART. 6. That all power being originally inherent in, and consequently 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. 7. 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, inalienable and indefeasible right to reform or alter government in such manner as shall be, by that community, judged most conducive to the public weal.

ART. 8. 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 and be elected into office, agreeably to the regulations made in this Constitution.

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* Vermont was originally claimed within the jurisdiction of New York and also of New Hampshire. During the early part of the Revolution a party hostile to the jurisdiction of both, and insisting upon an independent form of State government, arose, and finally succeeded in asserting their claims. The first State Constitution was adopted by a Convention which met at Windsor, in July, 1777, and in December of that year. Further amendments were made at Manchester, in June, 1786, and at Windsor, in July, 1793. The Constitution as amended at the latter Convention is the one given in our text, with the exception of later amendments, placed at the end, which were adopted as follows: 1, at Montpelier, June 26, 1828; 2 to 13, inclusive, at Montpelier, January 6, 1836; 15 tổ 23, inclusive, at Montpelier, January 2, 1850.

ART. 9. 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 toward 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 the community than the money would be if not collected.

ART. 10. That in all prosecutions for criminal offenses, a person hath a right to be heard, by himself and his counsel; to demand the cause and nature of his accusation; to be confronted 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 judgment of his peers.

ART. 11. That the people have a right to hold themselves, their houses, papers, and possessions, free from search of seizure, and therefore warrants without oath or affirmation first made, affording sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her, or their property, not particularly described, are contrary to that right, and ought not to be granted.

ART. 12. 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 sacred.

ART. 13. That the people have a right to freedom of speech, and of writing and publishing their sentiments concerning the transactions of government, therefore the freedom of the press ought not to be restrained.

ART. 14. 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. 15. 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 particular cases as this Constitution, or the Legislature, shall provide for.

ART. 16. That the people have a right to bear arms for the defense 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 subordination to, and be governed by, the civil power.

ART. 17. That no person in this State can in any case be subject to law-martial, or to any penalties or pains by virtue of that law, except those employed in the army, and the militia in actual service.

ART. 18. 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. 19. That all the people have a natural and inherent right to emigrate from one State to another that will receive them.

ART. 20. 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. 21. That no person shall be liable to be transported out of this State for trial, for any offense committed within the same.

PART THE SECOND.

FRAME OF GOVERNMENT.

SECTION 1. [The Commonwealth or State of Vermont, shall be governed hereafter by a Governor (or Lieutenant-Governor), Council, and an assembly of the Representatives of the freemen of the same, in manner and form following.] *

* See third and eighth amendments.

§ 2. [The Supreme Legislative power shall be vested in a House of Representatives of the freemen of the Commonwealth or State of Vermont.]*

§ 3. [The Supreme Executive power shall be vested in a Governor, or, in his absence, a Lieutenant-Governor and Council.]+

§ 4. Courts of justice shall be maintained in every county in this State, and also in new counties when formed, which courts shall be open for the trial of all causes proper for their cognizance, and justice shall be therein impartially administered without corruption or unnecessary delay. The Judges of the Supreme Court shall be Justices of the Peace throughout the State, and the several Judges of the County Courts in their respective counties, by virtue of their office, except in the trial of such cases as may be appealed to the County Court.

§ 5. A future Legislature may, when they shall conceive the same to be expedient and necessary, erect a Court of Chancery, with such powers as are usually exercised by that court, or as shall appear for the interest of the Commonwealth; Provided, They do not constitute themselves the judges of said court.

§ 6. The Legislative, Executive and Judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.

§ 7. In order that the freemen of this State might 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 septenary or seven years next after the establishment of this Constitution, may hold elections therein, and choose, each, two Representatives; and each other inhabited town in this State, may, in like nanner, choose one Representative to represent them in General Assembly, during the septenary or seven years. And after that, each inhabited town may, in like manner, hold such election, and choose one Representative, forever, thereafter.

§ 8. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen by ballot by the freemen of every town in this State, respectively, on the first Tuesday of September, annually, forever. § 9. The Representatives so chosen (a majority of whom shall constitute a quorum for transacting any other business than raising a tax, for which two-thirds of the members elected shall 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 choose their Speaker [Secretary of State,] their Clerk and other necessary officers of the House; sit on their own adjournments; prepare bills and enact them into laws; judge of the elections and qualifications of their own memhers; they may expel members, but not for causes known to their constitutents antecedent to their election; they may administer oaths and affirmations in matters depending before them; redress grievances; impeach State 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 oftener if need be) elect Judges of the Supreme [and several 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 sovereign State. But they shall have no power to add to, alter, abolish, or infringe any part of this Constitution. T

§ 10. [The Supreme Executive Council of this State shall consist of a Governor, Lieutenant-Governor, and twelve persons chosen in the following manner, to wit:]-the freemen of each town shall, on the day of election for choosing 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 Governor," and deliver them to the Representative chosen to attend the General Assembly. And at the opening of the General Assembly there shall be a committee appointed out of the [Council and] Assembly, who, after being duly sworn to the faithful discharge of their trust, shall 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 ensuing. [And if there be no choice made, then the Council and General Assembly, by their joint ballots, shall make choice of a Governor.] The Lieutenant-Governor and

* See third amendment.

† See eighth amendment. See second amendment.

See tenth amendment.

See amendments from fourteenth to twentieth, both inclusive.

See the articles of amendment which require the concurrent action of a Senate for the effectual exercise of most of the above mentioned powers.

Treasurer shall be chosen in the manner above directed. [And each freeman shall give in twelve votes for twelve Councillors in the same manner, and the twelve highest in nomination shall serve for the ensuing year as Councillors.]*

§ 11. The Governor, and in his absence, the Lieutenant-Governor, [with the Council (the major part of whom, including the Governor or Lieutenant-Governor, shall be a quorum to transact business)], shall have power to commission all officers, and also to appoint officers, except where provision is or shall be otherwise made by law, or this frame of government; and shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by law, or this Constitution.

They are to correspond with other States; transact business with officers of government, civil and military, and to prepare such business as may appear to them necessary to lay before the General Assembly; [they shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the Judges of the Supreme Court;] and shall have power to grant pardons and remit fines, in all cases whatsoever, except in treason and murder, in which they shall have power to grant reprieves, but not to pardon until after the end of the next session of Assembly: and except in cases of impeachment, in which there shall be no remission or mitigation of punishment, but by act of legislation; they are to take care that the laws be faithfully executed; they are to expediate the execution of such measures as may be resolved upon by the General Assembly; and they may draw upon the treasury for such sums as may be appropriated by the House of Representatives; they may lay embargoes, or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the House only. They may grant such licenses as shall be directed by law; and shall have power to call together the General Assembly, when necessary, before the day to which they shall stand adjourned. The Governor shall be Captain-General and Commander-in-Chief of the forces of the State; but shall not command in person, except advised thereto by the Council, and then only so long as they shall approve thereof. And the Lieutenant-Governor shall, by virtue of his office, be Lieutenant-General of all the forces of the State. The Governor or Lieutenant-Governor, [and the Council,] shall meet at the time and place with the General Assembly; [the Lieutenant-Governor shall, during the presence of the Commander-in-Chief, vote and act as one of the Council; and the Governor, and in his absence the Lieutenant-Governor shall, by virtue of their offices, preside in Council, and have a casting, but no other vote. Every member of the Council shall be a Justice of the Peace for the whole State, by virtue of his office. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it. And the Governor may appoint a Secretary for himself and his Council.]†

§ 12. The Representatives having met and chosen their Speaker and Clerk, shall, each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegiance hereinafter directed (except where they shall produce certificates of their having heretofore taken and subscribed the same), as the following oath or affirmation, viz.:

"You do solemnly swear (or affirm) that as a member of this Assembly you will not propose or assent to any bill, vote, or resolution, which shall appear to you injurious to the people, nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State; but will in all things conduct yourselves as a faithful, honest Representative and guardian of the people, according to the best of your judgment and abilities. (In case of an oath)-So help you God, (and in case of an affirmation) under the pains and penalties of perjury."

§ 13. The doors of the house in which the General Assembly of this Commonwealth shall sit, shall be open, for the admission of all persons who behave decently, except only when the welfare of the State may require them to be shut.

§ 14. The votes and proceedings of the General Assembly shall be printed (when onethird of the members think it necessary) as soon as convenient after the end of each session, with the yeas and nays on any question, when required by any member (except where the vote shall be taken by ballot), in which case every member shall have a right to insert the reason of his vote upon the minutes.

§ 15. The style of the laws of this State, in future to be passed, shall be, It is hereby enacted by the General Assembly of the State of Vermont.

* See the eighth and ninth articles of amendment.

† See the articles of amendment.

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