from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
VERMONT. The name of one of the new states of the United States of America.
lt was admitted by virtue of "An act for the admission of the state of
Vermont into this Union," approved February, 18, 1791, 1 Story's L. U. S.
169, by which it is enacted, that the state of Vermont having petitioned the
congress to be admitted a member of the United States, Be it enacted, &c.,
That on the fourth day of March, one thousand seven hundred and ninety-one,
the said state, by the name and style of "the state of Vermont," shall be
received and admitted into this Union, as a new and entire member of the
United States of America.
2. The constitution of this state was adopted by a convention holden at
Windsor on the ninth day of July, one thousand seven hundred and ninety-
three. The powers of the government are divided into three distinct
branches; namely, the legislative, the executive, and the judicial.
3.-1. The supreme legislative power is vested in a house of
representatives of the freemen of the commonwealth or state of Vermont, ch.
2, Sec. 2. 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 in September, annually forever. Ch. 2, Sec. 8. The representatives
so chosen, a majority of whom shall constitute a quorum for transacting any
other business than raising a state 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 members; they may expel members,
but not for causes known to their own constituents antecedent to their
elections; 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. Ch. 2 Sec. 9.
4.-2. The supreme executive power is vested in a governor, or in his
absence a lieutenant-governor, and council. Ch. 2, Sec. 3. The duties of the
executive are pointed out by the second chapter of the constitution as
follows:
5.-Sec. 10. The supreme executive council of this state shall consist
of a governor, lieutenant-governor, and twelve persons, chosen in the
following manner, viz. The freemen of each town shall, on the day of the
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 the governor, and
deliver them to the representatives 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 ballot,
shall make choice of a governor. The lieutenant-governor and treasurer shall
be chosen in the manner above directed. And each freeman shall give in
twelve votes, for twelve counsellors, in the same manner, and the twelve
highest in nomination shall serve for the ensuing year as counsellors.
6.-Sec. 11. The governor, and, in his absence, the lieutenant-governor,
with the council, a 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.
7. 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 the assembly; and
except in cases of impeachment, in which there shall be no remission or
mitigation of punishment, but by act of the legislature.
8. They are also to take care that the laws be faithfully executed.
They are to expedite 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 also 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 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.
9.-Sec. 16. To the end that laws, before they are enacted, may be more
maturely considered, and the inconvenience of hasty determinations, as much
as possible, prevented, all bills which originate in the assembly shall be
laid before the governor and council for their revision and concurrence, or
proposals of amendment; who shall return the same to the general 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 governor and
council to suspend the passing of such bill until the next session of the
legislature: Provided, that if the governor 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.
10.-Sec. 24. Every officer of 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 maladministration. All
impeachments shall be before the governor, or lieutenant governor 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.
11.-3. The judicial power is regulated by the second chapter of the
constitution, as follows
12.-Sec. 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
causes as may be appealed to the county court.
13.-Sec. 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 the said court.