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The first Constitution of Vermont was drafted in July 1777, almost five months after Vermont declared itself an independent country, now frequently called the
Vermont Republic The Vermont Republic ( French: ''République du Vermont''), officially known at the time as the State of Vermont ( French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The ...
. It was in effect until its extensive revision in 1786. The second Constitution of Vermont went into effect in 1786 and lasted until 1793, two years after Vermont was
admitted to the Union ''Admitted'' is a 2020 Indian Hindi-language docudrama film directed by Chandigarh-based director Ojaswwee Sharma. The film is about Dhananjay Chauhan, the first transgender student at Panjab University. The role of Dhananjay Chauhan has been pl ...
as the fourteenth state. In 1791 Vermont became the fourteenth US state and in 1793 it adopted its current constitution.


1777 Constitution

The 1777 constitution was the first in what is now the territory of the United States to prohibit adult
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
, grant
suffrage Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
to non-landowning males, and establish free
public education State schools (in England, Wales, Australia and New Zealand) or public schools (Scottish English and North American English) are generally primary or secondary educational institution, schools that educate all students without charge. They are ...
. The constitution was adopted on July 8, 1777, at the
tavern A tavern is a place of business where people gather to drink alcoholic beverages and be served food such as different types of roast meats and cheese, and (mostly historically) where travelers would receive lodging. An inn is a tavern that ...
in Windsor now known as the Old Constitution House and administered as a state historic site. The constitution consisted of three main parts. The first was a
preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
reminiscent of the
United States Declaration of Independence The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ( ...
: :It is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and independent State; and that a just, permanent, and proper form of government, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress. (Here the term "American Congress" refers to the Continental Congress.) Jonas Fay was a delegate to the convention; he was named chairman of the committee appointed to draft the declaration announcing the creation of the
Vermont Republic The Vermont Republic ( French: ''République du Vermont''), officially known at the time as the State of Vermont ( French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The ...
, and received credit as the document's primary author.


Chapter 1

The second part of the 1777 constitution was ''Chapter 1'', a "Declaration of the Rights of the Inhabitants of the State of Vermont." This chapter was composed of 19 articles guaranteeing various civil and political rights in Vermont: * The first article declared 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; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety," echoing the famous phrases in the Declaration of Independence that declared that "
all men are created equal The quotation "all men are created equal" is part of the sentence in the U.S. Declaration of Independence – penned by Thomas Jefferson in 1776 during the beginning of the American Revolution – that reads "We hold these truths to be self-evid ...
" and possess "
inalienable rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...
," including "
life, liberty and the pursuit of happiness "Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including ...
." The article went on to declare that because of these principles, "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." While this was the first such partial ban on slavery in the New World, it was not strongly enforced and slavery in the state persisted for at least another sixty years. See also
History of slavery in Vermont Vermont was amongst the first places to abolish slavery by constitutional dictum. Although estimates place the number of enslaved persons at 25 in 1770 slavery was banned outright upon the founding of Vermont in July 1777, and by a further provisio ...
. * The second article declared that "
private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or c ...
ought to be subservient to public uses, when necessity requires it; nevertheless, whenever any particular man's property is taken for the use of the public, the owner ought to receive an equivalent in money." This established the basic principles of
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
in Vermont. * The third article established freedom of religion. * The fourth through seventh articles subordinated the government to the interests of the people. * The eighth article gave all freemen the right to vote (even if they owned no property). * The ninth article said that since everyone has a right to be protected in his life, liberty, and property, that he ought to contribute his share to the expense of that protection. * The tenth through thirteenth articles concerned due process of law. * The fourteenth and fifteenth articles concerned freedom of speech, freedom of the press, the right to bear arms, and the subordination of the military to the civil power. * The seventeenth article recognizes a right to emigrate. * The eighteenth article recognizes rights of assembly and petition. * The nineteenth article says no one should be liable to be transported from Vermont to any other place to be tried for offenses committed in Vermont.


Chapter 2

Chapter 2 of the Constitution is called ''A Plan or Frame of Government''. * Sections I through IV of Chapter 2 provide that "THE COMMONWEALTH or STATE of VERMONT, shall be governed, hereafter, by a Governor, Deputy Governor, Council, and an Assembly of the Representatives of the Freemen of the same". It vests executive power in the governor and council, and legislative power in the House of Representatives, and requires a court of justice to be established in every county. * Section V prescribes universal military training. * Section VI says every man at least 21 years old (even those not owning property) may vote if they take an oath promising to vote consistently with the interests of the state of Vermont. (The Vermont voter's oath is still required today for first-time voters when they register. None of the other states require an oath of voters.) * Sections VII through IX and XI through XVI provide for annual election of legislators and annual legislative sessions. * Section X says the legislature is to elect delegates to the Continental Congress. (However, the Continental Congress refused to recognize the independence of Vermont and to allow it representation.) * Sections XVII and XVIII deal with the powers of the governor and council, in particular making the governor the commander-in-chief of the military. * Sections XXI through XXVI deal with courts of law, in particular the supreme court and the courts of common pleas. Chapter 2 continues through 44 Sections.


1786 Constitution

The 1786 Constitution of Vermont established a greater
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
than what had prevailed under the 1777 Constitution. In particular, it forbade anyone to simultaneously hold more than one of certain offices: governor, lieutenant-governor, judge of the supreme court, treasurer of the state, member of the governor's council, member of the legislature, surveyor-general, or sheriff.Vermont state archives, 1786 Constitution, Chapter II, Section XXIII, https://www.sec.state.vt.us/archives-records/state-archives/government-history/vermont-constitutions/1786-constitution.aspx#ChapterII It also provided that the legislature could no longer function as a court of appeals nor otherwise intervene in cases before the courts, as it had often done. The 1786 Constitution continued in effect when, in 1791, Vermont made the transition from independence to the status of one of the states of the Union. In particular, the governor, the members of the governor's council, and other officers of the state, including judges in all courts, simply continued their terms of office that were already underway.


1793 Constitution

The 1793 Constitution was adopted two years after Vermont's
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and continues in effect, with various later amendments, to this day. It eliminated all mention of grievances against King George III and against the
State of New York New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...
. In 1790, New York's legislature finally renounced its claims that Vermont was a part of New York, the cessation of those claims being effective if and when Congress decided to admit Vermont.


See also

* History of Vermont *
History of slavery in Vermont Vermont was amongst the first places to abolish slavery by constitutional dictum. Although estimates place the number of enslaved persons at 25 in 1770 slavery was banned outright upon the founding of Vermont in July 1777, and by a further provisio ...


References


External links


The Vermont State Archives text of the Vermont Republic constitution

The Vermont State Archives text of the 1786 constitution

The Vermont State Archives text of the 1793 constitution



The original constitution manuscript

The 1777 Constitution of Vermont
on the web site of the
Avalon Project The Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library. The project contains online electronic copies of documents dating back to the be ...
at
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the worl ...
{{DEFAULTSORT:Constitution Of Vermont (Vermont Republic) 1777 in law 1793 in law
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to the n ...
Pre-statehood history of Vermont Vermont Republic Vermont culture Vermont law 1793 disestablishments in the United States