Page images

without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend farther than to removal from office and disqualification to hold or enjoy any office of honor, or profit, or trust, under this State. But the party convicted shall, nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

ARTICLE VIII. The supreme executive power of the Senate shall be exercised by the Governor, or, in case of his absence or disability, by the Lieutenant-Governor; who shall have all the powers and perform all the duties vested in and enjoined upon the Governor and Council by the eleventh and twenty-seventh sections of the second chapter of the Constitution, as at present established, excepting that he shall not sit as a judge in case of impeachment, nor grant reprieve or pardon in any such case; nor shall he command the forces of the State in person in time of war or insurrection, unless by the advice and consent of the Senate, and no longer than they shall approve thereof. The Governor may have a secretary of civil and military affairs, to be by him appointed during pleasure, whose services he may at all times command, and for whose compensation provision shall be made by law.

ARTICLE IX. The votes of Governor, Lieutenant-Governor and Treasurer of the State shall be sorted and counted, and the result declared, by a committee appointed by the Senate and House of Representatives. If at any time there shall be no election by the freemen of Governor, Lieutenant-Governor and Treasurer of the State, the Senate and House of Representatives shall, by a joint ballot, elect to fill the office, not filled by the freemen as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.

ARTICLE X. The Secretary of State, and all officers whose elections are not otherwise provided for, and who, under the existing provisions of the Constitution, are elected by the Council and House of Represestatives, shall hereafter be elected by the Senate and House of Representatives in joint assembly, at which the pre

siding officer of the Senate shall preside; and such presiding officer in such joint assembly shall have a casting vote, and no other.

ARTICLE XI. Every bill which shall have passed the Senate and House of Representatives shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it; if not, he shall return it with his objections in writing to the house in which it shall have originated, which shall proceed to reconsider it. If, upon such reconsideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and, if approved by a majority of that house, it shall become a law. But, in all such cases the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the Governor, as aforesaid, within five days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the two houses, by their adjournment within three days after the presentment of such bill, shall prerent its return; in which case it shall not become a law.

ARTICLE XII. The writ of habeas corpus shall in no case be suspended. It shall be a writ issuable of right, and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper therefor.

ARTICLE XIII. Such parts and provisions only of the Constitution of this State, established by convention on the ninth day of July, one thousand seven hundred and ninety-three, as are altered or superseded by any of the foregoing amendments or are repugnant thereto shall hereafter cease to have effect.

ARTICLE XIV. The assistant judges of the County Court shall be elected by the freemen of their respective counties.

ARTICLE XV. Sheriffs and high bailiffs shall be elected by the freemen of their respective counties.

ARTICLE XVI. State's attorneys shall be elected by the freemen of their respective counties.

ARTICLE XVII. Judges of probate shall be elected by the freemen of their respective probate districts.


Justices of the peace shall be elected by the freemen of their respective towns; and towns having less than one thousand inhabitants may elect any number of justices of the peace not exceeding five; towns having one thousand, and less than two thousand inhabitants, may elect seven; towns having two thousand, and less than three thousand inhabitants, may elect ten; towns having three thousand, and less than five thousand inhabitants, may elect twelve; and towns having five thousand, or more, inhabitants, may elect fifteen justices of the peace.

ARTICLE XIX. All the officers named in the preceding articles of amendment shall be annually elected by ballot and shall hold their offices for one year, said year commencing on the first day of December next after their election.

ARTICLE XX. The election of the several officers mentioned in the preceding articles, excepting town Representatives, shall be made at the times and in the manner now directed by the Constitution for the choice of Senators. And the presiding officer of each free men's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a certificate of the names of each person voted for, with the number of votes given for each, annexed to his name and designating the office for which the votes were given a record of which shall be made in the town clerk's office and he shall seal up said certificate, and shall write thereon the name of the town and the words, “Certificate of

Votes for

," and add thereto, in writing, the title of the office voted for, as the case may be, and shall deliver such certifi. cate to some Representative chosen as a member of the General Assembly, whose duty it shall be to cause such certificate of votes to be delivered to the committee of the General Assembly appointed to canvass the same. And at the sitting of the General Assembly, next after such balloting for the officers aforesaid, there shall be a committee appointed of and by the General Assembly, who shall be sworn to the faithful discharge of their duty, and whose duty it shall be to examine such certificates and ascertain the number of votes given for each candidate, and the persons receiving the largest number of votes for the respective offices, shall be declared duly elected, and by such committee be reported to the General Assembly, and the officers so elected shall be commissioned by the Governor. And if two or more persons designated for any one of said offices, shall have received an equal number of votes, the General Assembly shall elect one of such persons to such office.


The term of office of the Governor, Lieutenant-Governor and Treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of one year, or until their successor shall be chosen and qualified, or to the adjournment of the session of the Legislature, at which, by the Constitution and laws, their successors are required to be chosen, and not after such adjournment. And the Legislature shall provide, by general law, declaring what officer shall act as Governor whenever there shall be a vacancy in both the offices of Governor and Lieutenant-Governor, occasioned by a failure to elect, or by the removal from office, or by the death, resignation or inability of both Governor and Lieutenant-Governor to exercise the powers and discharge the duties of the office of Governor, and such officer so designated shall exercise the powers and discharge the duties appertaining to the office of Governor accordingly until the disability shall be removed, or Governor shall be elected. And in case there shall be a vacancy in the office of Treasurer, by reason of any of the causes enumerated, the Governor shall appoint a Treasurer for the time being, who shall act as Treasurer until the disability shall be removed or a new election shall be made.

ARTICLE XXII. The Treasurer of the State shall, before entering upon the duties of his office, give sufficient security to the Secretary of State, in behalf of the State of Vermont, before the Governor of the State and one of the judges of the Supreme Court. And sheriffs and high bailiffs, before entering upon the duties of their respective offices, shall give sufficient security to the Treasurer of their respective counties, before one of the judges of the Supreme Court, or the two assistant judges of the County Court of their respective counties, in such manner and in such sums as shall be directed by the Legislature.

ARTICLE XXII. The Senate shall be composed of thirty Senators, to be of the freemen of the county for which they are elected, respectively, who shall have attained the age of thirty years, and they shall be elected annually by the freemen of each county, respectively.

The Senators shall be apportioned to the several counties according to the population as ascertained by the censns taken under the authority of Congress in the year 1840, regard being always had in such apportionment to the counties having the largest fraction, and giving to each county at least one Senator.

The legislature shall make a new apportionment of the Senators to the several counties, after the taking of each census of the United States, or after a census taken for the purpose of such apportionment, under the authority of this state, always regarding the above provisions of this article.


Section 1. The General Assembly shall meet on the first Wednesday of October, biennially; the first election shall be on the first Tuesday of September, A. D. 1870; the first session of the General Assembly on the first Wednesday of October, A. D. 1870.

Sec. 2. The Governor, Lieutenant-Governor, Treasurer of State, Senators, town Representatives, assistant judges of the County Court, sheriffs, high bailiffs, State's attorneys, judges of

« PreviousContinue »