George Washington Flowers 
 Memorial Collection 
 
 DUKE UNIVERSITY LIBRARY 
 
 ESTABLISHED BY THE 
 FAMILY OF 
 
 COLONEL FLOWERS 
 
BILL OF RIGHTS 
 
 AND PROPOSED 
 
 AMENDED CONSTITUTION 
 
 REPORTED BY THE 
 
 COMMITTEE 
 
 APPOINTED TO CONSIDER AND REPORT 
 
 AMENDMENTS 
 
 OF THE 
 
 CONSTITUTION OF VIRGINIA, 
 
 PRESENTED JUNE 19, 1861. 
 
 [Laid upon the table, and ordered to be printed.] 
 
REPORT. 
 
 o"7 
 
 VIRGINIA BILL OF RIGHTS. 
 
 [Passed June 12, 177G.J 
 
 Adopted without alteration by the Convention of 1829-30, and re-adopted with 
 amendments by the Convention of 1850-51. 
 
 A Declaration of Rights made by the Representatives of the good 
 people of Virginia, assembled in full and free Convention, 
 which rights do pertain to them and their posterity as the basis 
 and foundation of government. 
 
 1. That all men are by nature equally free and independent, 
 
 2 and have certain inherent rights, of which, when they enter 
 
 3 into a state of society, they cannot, by any compact, deprive 
 
 4 or divest their posterity; namely, the enjoyment of life and 
 
 5 liberty, with the means of acquiring and possessing pro- 
 G perty, and pursuing and obtaining happiness and safety. 
 
 2. That all power is vested in, and consequently derived 
 
 2 from, the people; that magistrates are their trustees and 
 
 3 servants, and at all times amenable to them. 
 
 3. That government is, or ought to be, instituted for the 
 
 2 common benefit, protection and security of the people, na- 
 
 3 tion or community: of all the various modes and forms of 
 
 4 government, thai is best which is callable of producing the 
 
 5 greatest degree of happiness and safety, and is mostefFectu- 
 
 6 .ally secured against the danger of mal-administration; and 
 
 7 that, when any government shall be found inadequate or 
 
 8 contrary to these purposes, a majority of the community 
 
4 
 9 hath an indubitable, unalienable and indefeasible right to 
 
 10 reform, alter or abolish it, in such manner as shall be 
 
 11 judged most conducive to the public weal. 
 
 4. That no man, or set of men are entitled to exclusive or 
 
 2 separate emoluments or privileges from the community but 
 
 3 in consideration of public services, which, not being de- 
 
 4 scendable, neither ought the offices of magistrate, legisla- 
 
 5 tor or judge to be hereditary. 
 
 5. That the legislative, executive and judicial powers 
 
 2 should be separate and distinct : and that the members 
 
 3 thereof may be restrained from oppression, by feeling and 
 
 4 participating the burthens of the people, they should, at 
 
 5 fixed periods, be reduced to a private station, return into 
 
 6 that body from which they were originally taken, and the 
 
 7 vacancies be supplied by frequent, certain and regular 
 
 8 elections, in which all, or any part of the former members 
 
 9 to be again eligible or ineligible, as the laws shall direct. 
 
 6. That all elections ought to be free, and that all men 
 
 2 having sufficient evidence of permanent common interest 
 
 3 with, and attachment to, the community, have the right of 
 
 4 suffrage, and cannot be taxed or deprived of their property 
 
 5 for public uses, without their own consent, or that of their 
 
 6 representatives so elected, nor bound by any law to which 
 
 7 they have not in like manner assented, for the public 
 
 8 good. 
 
 7. That all power of susjiending laws, or the execution of 
 2 laws, by any authority, without consent of the representa- 
 
5 
 
 3 tives of the people, is injurious to their rights, and ought 
 
 4 not to be exercised. 
 
 8. That in all capital or criminal prosecutions, a man hath 
 
 2 a right to demand the cause and nature of Lis accusation, 
 
 3 to he confronted with the accusers and witnesses, to call 
 
 4 for evidence in his favor, and to a speedy trial by an im- 
 
 5 partial jury of twelve men of his vicinage, without whose 
 
 6 unanimous consent he cannot be found guilty: nor can he 
 
 7 be compelled to give evidence against himself; that no man 
 
 8 be deprived of his liberty, except by the law of the land or 
 
 9 the judgment of his peers. 
 
 9. That excessive bail ought not to be required, nor ox- 
 
 2 cessive tines imposed, nor cruel and unusual punishment 
 
 3 inflicted. 
 
 10. That general warrants, whereby an officer or messengei 
 
 2 may be commanded to search suspected places without 
 
 3 evidence of a fact committed, or to seize any person or 
 
 4 persons not named, or whose offence is not particularly 
 
 5 described and supported by evidence, are grievous and op- 
 
 6 pressive, and ought not to be granted. 
 
 11. That in controversies respecting property, and in suifs 
 
 2 between man and man, the ancient trial by jury of twelve 
 
 3 men, is preferable to any other, and ought to be held 
 
 4 sacred. 
 
6 
 
 12. That the freedom of the press is one of the great bul- 
 
 2 warks of liberty, and can never be restrained but by des- 
 
 3 potic governments. 
 
 13. That a well regulated militia, composed of the body 
 
 2 of the people, trained to arms, is the proper, natural and 
 
 3 safe defence of a free State; that standing armies, in time 
 
 4 of peace, should be avoided as dangerous, to liberty; and 
 
 5 that in all cases the military should be under strict subor- 
 
 6 dination to, and governed by, the civil power. 
 
 14. That the people have a right to uniform government ; 
 
 2 and therefore, that no government separate from, or inde- 
 
 3 pendent of, the government of Virginia, ought to be erected 
 
 4 or established within the limits thereof. 
 
 15. That no free government or the blessings of liberty, 
 
 2 can be preserved to any people but by a firm adherence to 
 
 3 justice, moderation, temperance, frugality and virtue, and 
 
 4 by a frequent recurrence to fundamental principles. 
 
 16. That religion, or the duty which we owe to our Crea- 
 
 2 tor, and the manner of discharging it, can be directed 
 
 3 only by reason and conviction, not by force or violence; 
 
 4 and therefore all men are equally entitled to the free exer- 
 
 5 cise of religion, according to the dictates of conscience; 
 
 6 and that it is the mutual duty of all to practise Christian 
 
 7 forbearance, love and charity towards each other. 
 
CONSTITUTION OF VIRGINIA. 
 
 1. Whereas the delegates and representatives of the good 
 
 2 people of Virginia, in Convention assembled, on the 
 
 3 twenty-ninth day of June, in the year of our Lord one 
 
 4 thousand seven hundred and seventy-six — reciting and 
 
 5 declaring, that whereas George the Third, King of Great 
 
 6 Britain and Ireland, and Elector of Hanover, before that 
 
 7 time entrusted with the exercise of the kingly office in the 
 
 8 government of Virginia, had endeavored to pervert the 
 
 9 same into a detestible and insupportable tyranny, by put- 
 
 10 hising t negative on laws the most wholesome and neces- 
 
 11 sary for the public good; by denying his governors permis- 
 
 12 sion to pass laws of immediate and pressing importance, 
 
 13 unless suspended in their operation for his assent, and 
 
 14 when so suspended, neglecting to attend to them for many 
 
 15 years; by refusing to pafia certain oilier laws, unless the 
 
 16 persons to be benefitted by them, would relinquish the in- 
 
 17 estimable right of representation in the Legislature; by 
 
 18 dissolving legislative assemblies repeatedly and continu- 
 
8 
 
 19 ally, for opposing with manly firmness his invasions of the 
 
 20 rights of the people; when dissolved, by refusing to call 
 
 21 others for a long space of time, thereby leaving the politi- 
 
 22 cal system without any legislative head; by endeavoring to 
 
 23 prevent the population of our country, and for that pur- 
 
 24 pose obstructing the laws for the naturalization of foreign- 
 
 25 ers; by keeping among us, in time of peace, standing armies 
 
 26 and ships of war; by affecting to render the military in- 
 
 27 dependent of and superior to the civil power; by combining 
 
 28 with others to subject us to a foreign jurisdiction, giving 
 
 29 his assent to their pretended acts of legislation, for quar- 
 
 30 tering large bodies of armed troops among us, for cutting 
 
 31 off our trade with all parts of the world, for imposing 
 
 32 taxes on us without our consent, for depriving us of the 
 
 33 benefits of the trial by jury, for transporting us beyond, 
 
 34 seas to be tried for pretended offences, for suspending our 
 
 35 own Legislatures, and declaring themselves invested with 
 
 36 power to legislate for us in all cases whatsoever; by plun- 
 
 37 dering our seas, ravaging our coasts, burning our towns,, 
 
 38 and destroying the lives of our people; by inciting insur- 
 
 39 rections of our fellow subjects with the allurements of for- 
 
 40 feiture and confiscation; by prompting our negroes to rise 
 
 41 in arms among us — those very negroes, whom, by an in- 
 
9 
 
 42 human use of his negative, he had refused us permission 
 
 43 to exclude hy law; by endeavoring to bring on the inhabi- 
 
 44 tants of our frontiers the merciless Indian savages ; whose 
 
 45 known rule of warfare is an undistinguished destruction of 
 
 46 all ages, sexes and conditions of existence; by transport- 
 
 47 ing hither a large army of foreign mercenaries to complete 
 
 48 the work of death, desolation and tyranny, then already 
 
 49 begun, with circumstances of cruelty and perfidy unwor- 
 
 50 thy the head of a civilized nation; by answering our re- 
 
 51 peated petitions for redress with a repetition of injuries; 
 
 52 and finally, by abandoning the helm of government, and 
 
 53 declaring us out of his allegiance and protection; by 
 
 54 which several acts of misrule, the government of this 
 
 55 country, as before exercised under the crown of Great Bri- 
 
 56 tain, was totally dissolved — did, therefore, having maturely 
 
 57 considered the premises, and viewing with great concern 
 
 58 the deplorable condition to which this once happy country 
 
 59 would be reduced, unless some regular, adequate mode of 
 
 60 civil jinlicy should be speedily adopted, and in compli- 
 
 61 ance with the recommendation of the General Congress, 
 
 62 ordain and declare a form of government of Virginia: 
 
 2. And whereas, a convention held on the first Monday in 
 
 2 October, in the year one thousand eight hundred and twi 
 
10 
 
 3 tv-nine, did propose to the people of the Commonwealth ail 
 
 4 amended Constitution or form of government, which was 
 
 5 ratified by them : 
 
 3. And whereas, a Convention held on the day of Novem- 
 
 2 her, 1850, did propose to the people of the Commonwealth 
 
 3 an amended Constitution, which was ratified by them : 
 
 4. And whereas, the General Assembly of Virginia, by an 
 
 2 act passed January 14th, 1861, did provide for the election 
 
 3 by the people, of delegates to meet in general Convention to 
 
 4 consider the propriety, among other things, of changing 
 
 5 the organic law of the State; and for ratification or re- 
 
 6 jection : 
 
 5. We, therefore, the delegates of the good people of Virgi- 
 
 2 nia, elected and in Convention assembled, in pursuance of 
 
 3 said act, do propose to the people the following Constitution 
 
 4 and form of Government for this Commonwealth, 
 
ARTICLE I. 
 
 BILL OF RIGHTS. 
 
 The declaration of rights, as amended and prefixed to this 
 
 2 Constitution, shall have the same relation thereto as it had to 
 
 3 the former Constitution. 
 
 ARTICLE II. 
 
 DIVISION OF POWERS. 
 
 The legislative, executive and judiciary departments shall be 
 
 2 separate and distinct, so that neither exercise the powers 
 
 3 properly belonging to either of the others; nor shall any per- 
 
 4 son exercise the powers of more than one of them at the same 
 
 5 time, except that justices of the peace shall be eligible to 
 
 6 either house of Assembly. 
 
 ARTICLE III. 
 
 QUALIFICATION OF VOTERS. 
 
 1. Every white male citizen of the Commonwealth, of the age 
 
 2 of twenty-one years, who has been a resident of the State for 
 
 3 two years, and of the county, city or town where he offers to 
 
 4 vote, for twelve months next preceding an election, and who 
 
 5 in such county, city or town, shall have been assessed with 
 
 6 part of the revenue of the Commonwealth, county levies or 
 
12 
 
 7 poor rates, for the year next preceding, and shall have actual- 
 
 8 ly paid all the revenue, county levies and poor rates, with 
 
 9 which he shall have been so assessed, and no other person 
 
 10 shall be qualified to vote for members of the General Assem- 
 
 11 bly and all officers elected by the people ; but no person in 
 
 12 the military, naval or marine service of the Confederate 
 
 13 States, shall be deemed a resident of this State by reason of 
 
 14 being stationed therein ; and no person shall have the right to 
 
 15 vote who is of unsound mind, or a pauper, or a non-commis- 
 
 16 sioned officer, soldier, seaman or marine in the service of the 
 
 17 Confederate States, or who has been convicted of bribery 
 
 18 in an election, or of any infamous offence. 
 
 2. The General Assembly, at its first session after the adop- 
 
 2 tion of this Constitution, and afterwards as occasion may re- 
 
 3 quire, shall cause every city or town, the white population of 
 
 4 which exceeds five thousand, to be laid off into convenient 
 
 5 wards, and a separate place of voting to be established in 
 
 6 each, and thereafter no inhabitant of such city or town shall 
 
 7 be allowed to vote except in the ward in which he resides. 
 
 3. No voter, during the time for holding any election at which 
 
 2 he is entitled to vote, shall be compelled to perform military 
 
 3 service, except in time of war or public danger; to work 
 
 4 upon the public roads, or to attend any court as suitor, juror 
 
 5 or witness ; and no voter shall be subject to arrest under any 
 
13 . 
 
 6 civil process during his attendance at elections, or in going to 
 
 7 or returning from them. 
 
 4. In all elections votes shall be given openly or viva voce, 
 
 2 and not by ballot; but dumb persons entitled to suffrage may 
 
 3 vote by ballot. 
 
 ARTICLE IV.] 
 
 LEGISLATIVE DEPARTMENT. 
 
 1. The Legislature shall be formed of two distinct branches, 
 
 2 which together shall be a complete Legislature, and shall be 
 
 3 called the General Assembly of Virginia. 
 
 House of Delegates. 
 
 2. One of these shall be called the House of. Delegates, and 
 
 2 shall consist of one hundred and fifty-two members, to be 
 
 3 chosen annually, for and by the several counties, cities and 
 
 4 towns of the Commonwealth, and distributed and apportioned 
 
 5 as follows : 
 
 The counties of Augusta and Rockingham and the city of 
 
 2 Richmond shall each elect three delegates; the counties of Al- 
 
 3 bemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, 
 
 4 Frederick, Halifax, Hampshire, Harrison, Jefferson, Kanawha, 
 
 5 Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittsylvania, 
 
 6 Preston, Rockbridge, Shenandoah and Washington shall each 
 
. 14 
 
 7 elect two delegates ; the counties of Botetourt and Craig shall 
 
 8 together elect two delegates. 
 
 The counties of Accomac, Alexandria, Amherst, Appomattox, 
 
 2 Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, 
 
 3 Charlotte, Chesterfield, Clark, Culpeper, Dinwiddie, Fairfax, 
 
 4 Floyd, Fluvanna, Giles, Gloucester, Goochland, Grayson, 
 
 5 Greenbrier, Hanover, Hardy, Henrico, Henry, Highland, Isle 
 
 6 of Wight, Jackson, King William, Lee, Lewis, Louisa, Lu- 
 
 7 nenburg, Madison, Marshall, Mason, Mercer, Mecklenburg, 
 
 8 Montgomery, Morgan, Nansemond, Nelson, Northampton, 
 
 9 Page, Patrick, Pendleton, Pocahontas, Princess Anne, Prince 
 
 10 Edward, Prince William, Pulaski, Putnam, Randolph, Rappa- 
 
 11 hannock, Roanoke, Scott, Smyth, Southampton, Spotsylvania, 
 
 12 Taylor, Upshur, Warren, Wayne, Wetzel, Wood and W'ythe, 
 
 13 and the cities of Norfolk and Petersburg, shall each elect one 
 
 14 delegate. 
 
 The counties of Lee and Scott, in addition to the delegate to 
 2 be elected by each, shall together elect one delegate. 
 
 The following counties and cities shall compose election dis- 
 
 2 tricts: Alleghany and Bath; Amelia and Nottoway; Boone, 
 
 3 Wyoming and Logan ; Braxton and Nicholas ; Charles City, 
 
 4 James City and New Kent; Cumberland and Powhatan ; Dod- 
 
 5 dridge and Tyler; Elizabeth City, Warwick, York and the 
 
 6 city of Williamsburg; Essex and King and Queen; Fayette 
 
15 
 
 7 and Raleigh; Gilmer and Wirt; Greene and Orange; Greenes- 
 
 8 ville and Sussex; King George and Stafford; Lancaster and 
 
 9 Northumberland; Matthews and Middlesex; Pleasants and 
 
 10 Ritchie; Prince George and Surry; and Richmond and West- 
 
 11 moreland — each of which districts shall elect one delegate. 
 At the first general election under this Constitution, the county 
 
 2 of Ohio shall elect three delegates, and the counties of Brooke 
 
 3 and Hancock shall together elect one delegate; at the second 
 
 4 general election, the county of Ohio shall elect two delegates, 
 
 5 and the counties of Brooke and Hancock shall each elect one 
 
 6 delegate; and so on, alternately, at succeeding general elec- 
 
 7 tions. 
 
 i 
 At the first general election, the county of Russell shall elect 
 
 2 two delegates, and the county of Tazewell shall elect one dtl- 
 
 3 egate; at the second general election, the county of Taze- 
 
 4 well shall elect two delegates, and the county of Russell shall 
 
 5 elect one delegate; and so on, alternately, at succeeding gen- 
 
 6 cral elections. 
 
 The General Assembly shall have power, upon application of 
 
 2 a majority of the voters of the county of Campbell, to provide 
 
 3 that instead of the two delegates to be thrkd by said county, 
 
 4 the town of Lynchburg shall elect one delegate, and the resi- 
 
 5 due of the county of Campbell shall elect one delegate. 
 
16 
 Senate. 
 
 3. The other house of the General Assembly shall be called 
 
 2 the Senate, and shall consist of fifty members, to be elected 
 
 3 for the term of four years; for the election of whom, the 
 
 4 counties, cities and towns shall be divided into fifty districts. 
 
 5 Each county, city and town of the respective districts, at the 
 
 6 time of the first election of its delegate or delegates under 
 
 7 this Constitution, shall vote for one Senator; and the sheriffs 
 
 8 or other officers holding the election for each county, city and 
 
 9 town, within five days at farthest after the last election in the 
 
 10 district, shall meet at the court house of the county or city 
 
 11 first named in the district, and from the polls so taken in their 
 
 12 respective counties, cities and towns, return f as Senator the 
 
 13 person who has received the greatest number of votes in the 
 
 14 whole district. Upon the assembling of the Senators so elect- 
 
 15 ed, they shall be divided into two equal classes, to be num- 
 
 16 bered by lot. The term of service of the Senators of the first 
 
 17 class shall expire with that of the Delegates first elected under 
 
 18 this Constitution, and of the Senators of the second class at 
 
 19 the expiration of two years thereafter; and this alternation 
 
 20 shall be continued, so that one-half of the Senators may be 
 
 21 chosen every second year. 
 
 4. For the election of Senators — 
 
 I. The counties of Accomac and Northampton shall form 
 2 one district: 
 
11 
 
 II. The city of Norfolk shall he another district: 
 
 III. The counties of Norfolk and Prince Anne shall form 
 2 another district: 
 
 IV. The counties of Isle of Wight, Nansemond and Surry 
 2 shall form another district: 
 
 V. The counties of Sussex, Southampton and Greenesville 
 2 shall form another district: 
 
 VI. The city of Petersburg and the county of Prince George 
 2 shall form another district: 
 
 VII. The counties of Dinwiddie, Amelia and Brunswick shall 
 2 form another district: 
 
 VIII. The counties of Powhatan, Cumberland, and Chester- 
 2 field shall form another district : 
 
 IX. The counties of Lunenburg, Nottoway and Prince Ed- 
 2 ward shall form another district : 
 
 \. The counties of Mecklenburg and Charlotte shall form 
 
 2 another district: 
 
 XI. The county of Pittsylvania shall be another district: 
 
 \ll. The county of Halifax shall he another district : 
 
 \III. The counties ol Henry, Patrick and Franklin shall form 
 
 2 another district : 
 
 \ 1 \ . The county ol B( dford shall be another district : 
 
 \\. The countit I tnpbell and Appomattox shall form 
 
 2 another district : 
 c 
 
18 
 
 XVI. The city of Williamsburg and the counties of James 
 
 2 City, Charles City, New Kent, York, Elizabeth City and 
 
 3 Warwick shall form another district: 
 
 XVII. The counties of Henrico and Hanover shall form 
 2 another district: 
 
 XVIII. The city of Richmond shall be another district: 
 
 XIX. The counties of Gloucester, Matthews and Middlesex 
 2 shall form another district : 
 
 XX. The counties of Richmond, Lancaster, Northumberland 
 2 and Westmoreland shall form another district : 
 
 XXI. The counties of King & Queen, King William and Es- 
 2 sex shall form another district : 
 
 XXII. The counties of Caroline and Spotsylvania shall form 
 2 another district : 
 
 XXIII. The counties of Stafford, King George and Prince 
 2 William shall form another district : 
 
 XXIV. The counties of Fairfax and Alexandria shall form 
 2 another district: 
 
 XXV. The county of Loudoun shall be another district: 
 
 XXVI. The counties of Fauquier and Rappahannock shall 
 2 form another district : 
 
 XXVII. The counties of Madison, Culpeper, Orange and 
 2 Greene shall form another district : 
 
 XXVIII. The county of Albemarle shall be another district: 
 
19 
 
 XXIX. The counties of Louisa, Goochland and Fluvanna 
 2 shall form another district: 
 
 XXX. The counties of Nelson, Amherst and Buckingham 
 2 shall form another district : 
 
 XXXI. The counties of Jefferson and Berkeley shall form 
 2 another district: 
 
 XXXII. The counties of Hampshire, Hardy and Morgan shall 
 2 form another district: 
 
 XXXIII. The counties of Frederick, Clark and Warren shall 
 2 form another district: 
 
 XXXIV. The counties' of Shenandoah and Page shall form 
 2 another district : 
 
 XXXV. The counties of Rockingham and Pendleton shall form 
 2 another district : 
 
 XXXVI. The county of Augusta shall be another district: 
 XVII. The counties of Bath, Highland and Rockbridge 
 
 2 shall form another district: 
 
 XXXVIII. The counties of Botetourt, Mlc^hany, Roanoke 
 2 and Craig shall form another district : 
 
 XXXIX. The counties of Carroll, Floyd, Grayson, Mont- 
 2 gomcry and Pulaski shall form another dis- 
 
 XL. The counties of Mercer, Mon/oe, Qilea and Tazewell 
 2 shall form another district: 
 
20 
 
 XLI. The counties of Smyth, Wythe and Washington shall 
 2 form another district : 
 
 XLII. The counties of Scott, Lee and Russell shall form 
 2 another district: 
 
 XLIII. The counties of Boone, Logan, Kanawha, Putnam 
 2 and Wyoming shall form another district : 
 
 XLIV. The counties of Nicholas, Fayette, Pocahontas, 
 2 Raleigh, Braxton and Greenbrier shall form another district : 
 
 XLV. The counties of Mason, Jackson, Cabell, Wayne and 
 2 Wirt shall form another district: 
 
 XLVI. The counties of Ritchie, Doddridge, Harrison, Pleas- 
 2 ants and Wood shall form another district : 
 
 XLVII. The counties of Wetzel, Marshall, Marion and Tyler 
 2 shall farm another district : 
 
 XL VIII. The counties of Upshur, Barbour, Lewis, Gilmer and 
 2 Randolph shall form another district : 
 
 XLIX. The counties of Monongalia, Preston and Taylor shall 
 2 form another district : 
 
 L. The counties of Brooke, Hancock and Ohio shall form 
 2 another district. 
 
 Apportionment of Representation. 
 
 5. It shall be the duty of the General Assembly, in the year 
 
 2 one thousand eight hundred and sixty-five, and in every tenth 
 
 3 year thereafter, in case it can agree upon a principle of rep- 
 
21 
 
 4 reservation, to reapportion representation in the Senate and 
 
 5 House of Delegates in accordance therewith ; and in tlie event 
 G the General Assembly, at the first or any subsequent period of 
 
 7 reapportionment, shall fail to agree upon a principle of repre- 
 
 8 resentation and to reapportion representation in accordance 
 
 9 therewith, each house shall separately propose a scheme of 
 
 10 representation, containing a principle or rule for the House of 
 
 11 Delegates, in connection with a principle or rule for the Sen- 
 
 12 ate. And it shall he the duty of the General Assembly, at the 
 
 13 same session, to certify to the Governor the principles or rules 
 
 14 of representation which the respective bouses may separately 
 
 15 propose, to be applied in making reapportionments in the Sen- 
 
 16 ate and in the House of Delegates; and the Governor shall, 
 
 17 as soon thereafter as may be, by proclamation, make known 
 
 18 the propositions of the respective houses, and require the voters 
 
 19 of the Commonwealth to assemble at such time as he shall 
 
 20 appoint, al their lawful places of voting, and decide by theii 
 
 21 votes between the propositions thus presented. In the event 
 
 ral Assembly shall lad, in the yen- one thoui 
 23 eighl hundred and sixty-five, or in any tenth year thereafter, 
 2 1 i" in,-!., such i' apportionment i : rnor 
 
 25 shall, immediately alter the adjournment of the I 
 
 26 sembly, by proclamation, require tl. 
 
22 
 
 27 wealth to assemble, at such time as he shall appoint, at their 
 
 28 lawful places of voting, and to declare by their votes : 
 First, whether representation in the Senate and House of 
 
 2 Delegates shall be apportioned on the u Suffrage Basis;" 
 
 3 that is, according to the number of votes in the several 
 
 4 counties, cities, towns, and senatorial districts of the Corn- 
 
 5 mon wealth. 
 
 Or, second, whether representation in both houses shall be 
 
 2 apportioned on the " Mixed Basis;" that is, according to the 
 
 3 number of white inhabiants contained, and the amount of 
 
 4 all State taxes paid, in the several counties, cities, and towns 
 
 5 of the Commonwealth, deducting therefrom all taxes paid 
 
 6 on license and law process, and any capitation tax on free 
 
 7 negroes, allowing one delegate for every seventy-sixth part 
 
 8 of said inhabitants, and one delegate for every seventy-sixth 
 
 9 part of said taxes, and distributing the senators in like man- 
 10 ner: 
 
 Or, third, whether representation shall be apportioned in the 
 
 2 Senate on taxation; that is, according to the amount of all 
 
 3 State taxes paid in the several counties, cities, and towns of 
 
 4 the Commonwealth, deducting therefrom all taxes paid on 
 
 5 license and law process, and any capitation tax on free ne- 
 
 6 groes, and in the House of Delegates on the " Suffrage 
 
 7 Basis" as aforesaid: 
 
23 
 Or, fourth, whether representation shall be apportioned in the 
 
 2 Senate on the "Mixed Basis" as aforesaid, and in the House 
 
 3 of Delegates on the " Suffrage Basis as aforesaid; and each 
 
 4 voter shall cast his vote in favor of one of said schemes of 
 
 5 apportionment, and no more. 
 
 6. It shall be the duty of the sheriffs and other officers taking 
 
 2 said polls to keep the same open for a period of three days, 
 
 3 and, within five days after they are closed, to certify true 
 
 4 copies thereof to the Governor, who shall, as early as may be, 
 
 5 ascertain the result of said vote, and make proclamation 
 G thereof; and in case it is ascertained that a majority of all 
 
 7 the votes cast is in favor of either of the principles of repre- 
 
 8 sen ration, referred, as aforesaid, to the choice of the voters, 
 
 9 the Governor shall communicate the result of such vote to 
 
 10 the General Assembly at its first regular session thereafter; 
 
 11 but in case it is ascertained that a majority of all the votes 
 
 12 cast is not in favor of either of the principles of representa- 
 
 13 tion referred as aforesaid to the choice of the voters, it shall 
 
 14 he the duty of the Governor, as soon as may be after ascer- 
 
 15 taming the fact, in like manner to cause the voters to decide 
 
 16 between the two principles of representation which shall at 
 
 17 such previous voting have received the greatest number of 
 
 18 votes; and he shall ascertain and make proclamation of the 
 
 19 result of the said last vote, and communicate the same to the 
 
24 
 
 20 General Assembly at its next regular session; and, in either 
 
 21 case, the General Assembly, at the regular session thereof, 
 
 22 which shall be held next after the taking of the vote, the 
 
 23 result of which shall have been so communicated to it by 
 
 24 the Governor, shall reapportion representation in the two 
 
 25 houses respectively in accordance with the principle of repre- 
 
 26 sentation in each, for which a majority of the votes cast were 
 
 27 given; and it shall be the duty of the General Assembly in 
 2S every tenth year thereafter to reapportion and distribute the 
 
 29 number of senators and delegates in accordance with the 
 
 30 same principle. 
 
 Qualification of Senatoi^s and Delegates. 
 7. Any person may be elected senator, who, at the time of 
 
 2 election, has attained the age of twenty-five years, and is 
 
 3 actually a resident within the district., and qualified to vote 
 
 4 for members of the General Assembly, according to this Con- 
 
 5 stitution; and any person, may be elected a member of the 
 
 6 House of Delegates, who, at the time of election, has attained 
 
 7 the age of twenty-one years, and is actually a resident within 
 S the county, city, town, or election district, qualified to vote 
 9 for members of the General Assembly according to this Con- 
 
 10 stitution; but no person holding a lucrative office, no miuis- 
 
 11 ter of the gospel or priest of any religious denomination, no 
 
 12 salaried officer of any banking corporation or company, shall 
 
25 
 
 13 be capable of being elected a member of either house of As- 
 
 14 sembly. The removal of any person elected to either branch 
 
 15 of the General Assembly from the county, city, town, or 
 10 district for which lie was elected, shall vacate his ofFne. 
 
 Powers and duties of the General Assembly. 
 S. The General Assembly shall meet once in every year, and 
 
 2 not oftener, unless convened by the Governor in the manner 
 
 3 prescribed by the Constitution. Neither house, during the 
 
 4 session of the General Assembly shall, without the consent 
 
 5 of the other, adjourn for more than three' days, nor to any 
 other place than that in which the two houses shall he sitting. 
 
 7 A majority of each house shall constitute a quorum to do 
 
 8 business; but a smaller number may adjourn from day to 
 
 9 day, and shall be authorized to compel the attendance of 
 10 absent members in such manner and under such penalties 
 It as each house may provide. 
 
 9. The House of Delegates shall choose its own speaker, and 
 
 2 in the absence of the Lieutenant Governor, or when he shall 
 
 3 exercise the office of Governor, the Senate shall choose, from 
 
 4 their own body, a President pro tempore; and each house 
 
 5 shall appoint its own officers, settle its own rules of proceed- 
 
 6 ing, and direct writs of election for supplying intermediate 
 
 7 vacancies; but if vacancies shall occur during the recess of 
 s the General Assembly, such writs may be issued by the Gov- 
 
 D 
 
26 
 
 9 ernor under such regulations as may be prescribed by law. 
 
 10 Each house shall judge of the election, qualification, and 
 
 11 returns of its members, may punish them for disorderly 
 
 12 behavior, and, with the concurrence of two thirds, expel a 
 
 13 member, but not a second time for the same offence. 
 
 10. The members of the Assembly shall receive for their 
 
 2 services a compensation, to be ascertained by law, and paid 
 
 3 out of the public treasury; but no act increasing such com- 
 
 4 pensation shall take effect until after the end of the term for 
 
 5 which the members of the House of Delegates voting thereon 
 
 6 weie elected ; and no senator or delegate, during the term 
 
 7 for which he shall have been elected, shall be appointed to 
 
 8 any civil office of profit under the Commonwealth which has 
 
 9 been created, or the emoluments of which have been in- 
 
 10 creased , during such term, except offices filled by elections 
 
 11 by the people. 
 
 11. Bills and resolutions may originate in either of the two 
 
 2 houses of the General Assembly, to be approved or rejected 
 
 3 by the other, and may be amended by either house, with the 
 
 4 consent of the other. 
 
 12. Each house of the General Assembly shall keep a jour- 
 
 2 nal of its proceedings, which shall be published from time to 
 
 3 time, and the yeas and nays of the members of either house, 
 
 4 on any question, shall, at the desire of one-fifth of those 
 
27 
 
 5 present, be entered on the journal. No bill shall become a 
 
 6 law until it has been read on three different days of the ses- 
 
 7 sion in the house in which it originated, unless two-thirds of 
 
 8 the members elected to that house shall otherwise determine. 
 
 13. The whole number of members to which the State may 
 
 2 at any time be entitled in the House of Representatives of 
 
 3 the Confederate States, shall be apportioned as nearly as may 
 
 4 be amongst the several counties, cities, and towns of the 
 
 5 State, according to their respective numbers; which shall be 
 
 6 determined by adding to the whole number of free persons, 
 
 7 including those bound to service for a term of years, and 
 s excluding Indians not taxed, three-fifths of all other persons. 
 
 14. la the apportionment, the State shall be divided into dis- 
 
 2 tricts, corresponding in number with the representatives to 
 
 3 which it may be entitled in the House of Representatives of 
 
 4 the Congress of the Confederate States, which shall be 
 
 5 formed respectively of contiguous counties, cities, and towns, 
 
 6 be compact, and include, as nearly as may be, an equal 
 
 7 number of the population, upon whidi is based representa- 
 
 8 tion in the House of Representatives of the Confederate 
 
 9 States. 
 
 15. The privilege of the Writ of habeas corpus shall not in 
 
 2 any case be suspended The General Assembly shall not 
 
 3 pass any bill of attainder; or any ex post facto law; or any 
 
28 
 
 4 law impairing the obligation of contracts; or any law where- 
 
 5 by private property shall be taken for public uses without 
 
 6 just compensation; or any law abridging the freedom of 
 
 7 speech or of the press. No man shall be compelled to fre- 
 
 8 quent or support any religious worship, place, or ministry 
 
 9 whatsoever; nor shall any man be enforced, restrained, mo- 
 
 10 lested, or burthened in his body or goods, or otherwise suf- 
 
 11 fer on account of his religious opinions or belief; but all men 
 
 12 shall be free to profess, and by argument to maintain their 
 
 13 opinions in matters of religion, and the same shall in nowise 
 
 14 affect, diminish or enlarge their civil capacities; and the 
 
 15 General Assembly shall not prescribe any religious test what- 
 
 16 ever; or confer any peculiar privileges or advantages on any 
 
 17 sect or denomination; or pass any law requiring or authnriz- 
 1S ing any religious society, or the people of any district within 
 
 19 this Commonwealth, to levy on themselves or others any tax 
 
 20 for the erection or repair of any house for public worship, or 
 
 21 for the support of any church or ministry; but it shall be left 
 
 22 free to every person to select his religious instructor, and to 
 
 23 make for his support such private contract as he shall please. 
 
 16. No law shall embrace more than one object, which shall 
 2 be expressed in its title. 
 
 17. The General Assembly may provide that no person shall 
 2 be capable of holding, or being elected to, any post of profit, 
 
29 
 
 3 trust or emolument, civil or military, legislative, executive or 
 
 4 judicial, under the government of this Commonwealth, who 
 
 5 shall hereafter fight a duel, or send or accept a challenge to 
 
 6 fight a duel, the probable issue of which may be the death 
 
 7 of the challenger or challenged, or who shall be second to 
 
 8 either party, or shall in any manner aid or assist in such duel, 
 
 9 or shall be knowingly tnc bearer of such challenge or ac- 
 
 10 ceptance; but no person shall be so disqualified by reason of 
 
 11 his having heretofore fought such duel, or sent or accepted 
 
 12 such challenge, or been second in such duel, or bearer of 
 
 13 such challenge or acceptance. 
 
 18. The Governor, Lieutenant Governor, Judges, and all 
 
 2 others offending against the State, by maladministration, 
 
 3 corruption, neglect of duty, or other high crime or misde- 
 
 4 meaner, shall be impeachable by the House of Delegates, 
 
 5 and be prosecuted before the Senate, which shall have the 
 
 6 sole power to try impeachments. When sitting for that pur- 
 
 7 pose they shall be on oath or affirmation; and no person shall 
 
 8 be convicted without the concurrence of two-thirds of the 
 ( .) members present. Judgment, in cases of impeachment, shall 
 
 10 not extend further than to removal from i lli e, and disquali- 
 
 11 fication to hold and enjoy any office of honor. trust or profit 
 
 12 from under the Commonwealth; but the party convicted shall 
 
 13 nevertheless be subject to indictment, trial, judgment and 
 
30 
 
 14 punishment, according to law. The Senate may sit during 
 
 15 the recess of the General Assembly for the trial of impeach- 
 X6 ments and the consideration of Executive business. 
 
 Slaves and Free Negroes. 
 
 19. Slaves hereafter emancipated shall forfeit their freedom 
 
 2 by remaining in the Commonwealth more than twelve months 
 
 3 after they become actually free, and shall be reduced to 
 
 4 slavery under such regulations as may be prescribed by law. 
 
 20. The General Assembly may impose such restrictions and 
 
 2 conditions as they shall deem proper on the power of slave 
 
 3 owners to emancipate their slaves; and may pass laws for 
 
 4 the relief of the Commonwealth from the free negro popula- 
 
 5 tion, by removal or otherwise. 
 
 21t The General Assembly shall not emancipate any slave, 
 
 2 or the descendant of any slave, either before or after the birth 
 
 3 of such descendant. 
 
 Taxation and Finance. 
 
 22. Taxation shall be equal and uniform throughout the 
 
 2 Commonwealth, and all property shall be taxed in proportion 
 
 3 to its value, which shall be ascertained in such manner as 
 
 4 may be prescribed by law; but any property may be exempted 
 
 5 from taxation by the vote of a majority of the whole number 
 
 6 of members elected to each House of the General Assembly- 
 
31 
 
 23. A capitation tax, equal to the tax assessed on land of the 
 
 2 value of two hundred dollars, shall be levied on every white 
 
 3 male inhabitant who has attained the age of twenty-one 
 
 4 years; and one equal moiety of the capitation tax upon white 
 
 5 persons shall be applied to the purposes of education in pri- 
 G mary and free schools; but nothing herein contained shall 
 
 7 prevent exemptions of taxable polls in cases of bodily in- 
 
 8 firmity. 
 
 24. The General Assembly may levy a tax on incomes, sala- 
 
 2 ries and licenses; but no tax shall be levied on property from 
 
 3 which any income so taxed is derived, or on the capital in- 
 
 4 vested in the trade or business in respect to which the license 
 
 5 so taxed is issued. 
 
 25. No money shall be drawn from the treasury but in pur- 
 
 2 suance of appropriations made bylaw; and a statement of 
 
 3 the receipts, disbursements, appropriations and loans shall 
 
 4 be published after the adjournment of each session of the 
 
 5 General Assembly, with the acts and resolutions thereof. 
 
 26. On the passage of every act which imposes, continues 
 
 2 or revh r en ,u a debt or charge, or makes, con- 
 
 3 linues or revives any appropriation of public or trust money 
 
 4 or pioperty, or releases, discharges or commutes any claim or 
 
 5 demand of the State, the vote shall be determined by yeas 
 G and nays, and the names of the persons voting for and against 
 
32 
 
 7 the Fame si all be entered on the journals of the respective 
 
 8 Houses, and a majority of all the members elected to each 
 
 9 House shall be necessary to give it the force of a law. 
 
 27. The liability to the State of any incorporated company 
 
 2 or institution, to redeem the principal and pay the interest of 
 
 3 any loan heretofore made, or which may hereafter be made 
 
 4 by the State to such company or institution, shall not be re- 
 
 5 leased; and the General Assembly shall not pledge the faith 
 
 6 of the State, or bind it in any form, for the debts or obliga- 
 
 7 tions of any company or corporation. 
 
 28. There shall be set apart annually, from the accruing re- 
 
 2 venues, a sum equal to seven per cent, of the State debt ex- 
 
 3 isting on the first day of January, in the year one thousand 
 
 4 eight hundred and fifty-two. The fund thus set apart shall 
 
 5 be called the Sinking Fund, and shall be applied to the pay- 
 G ment of the interest of the State debt, and the principal of 
 7 such part as may be redeemable. If no part be redeemable, 
 S then the residue of . the Sinking Fund, after the payment of 
 9 such interest, shall be invested in the bonds or certificates of 
 
 10 debt of this Commonwealth, or of the Confederate States, or 
 
 11 of some of the States of this Confederacy, and applied to the 
 
 12 payment of the State debt, as it shall become redeemable. 
 
 13 Whenever, after the said first day of January, a debt shall be 
 
 14 contracted by the Commonwealth, there shall be set apart in 
 
33 
 
 15 like manner, annually, for thirty-four years, a sum exceeding 
 10 by one per cent, the aggregate amount of the annual interest 
 17 agreed to be paid thereon at the time of its contraction; which 
 IS sum shall be part of the Sinking Fund, and shall be applied 
 
 19 in the manner before directed. The General Assembly shall 
 
 20 not otherwise appropriate any part of the Sinking Fund or its 
 
 21 accruing interest, except in time of war, insurrection or in- 
 
 22 vasion. 
 
 29. The General Assembly may, at any time, direct a sale 
 
 2 of the stocks hold by the Commonwealth in internal improve- 
 
 3 ment and other companies; but the proceeds of such sale, if 
 
 4 made before the payment of the public debt, shall constitute 
 
 5 a part of the Sinking Fund, and be applied in like manner. 
 
 30. The General Assembly shall not contract loans or cause 
 
 2 to be issued certificates of debt or bonds of the State, irre- 
 
 3 deemable for a period greater than thirty-four year.-.. 
 
 General Provisions. 
 
 31. The General Assembly shall not giant a charter of i: 
 
 2 poration to any church or religious denomination, but may 
 ■ '< se aire the title to church property to an extent t<> be limited by 
 
 4 law. 
 
 32. \<> Lottery shall hereafter be authorized bylaw; and ihe 
 2 buying, selling or transferring of tickets or chances in any 
 
 E 
 
34 
 
 3 lottery not now authorized by a law of this State shall be 
 
 4 prohibited. 
 
 33. No new county shall be formed with an area less than 
 3 six hundred square miles; nor shall the county or counties 
 
 3 from which it is formed be reduced below that area; nor 
 
 4 shall any county, having a white population less than five thou- 
 
 5 sand, be deprived of more than one-fifth of said population; nor 
 
 6 shall a county having a larger white population bo reduced 
 
 7 below four thousand. But any county, the length of which 
 S is three times its mean breadth, or which exceeds fifty miles 
 9 in length, may be divided, at the discretion of the General 
 
 10 Assembly. In all general elections the voters in any county, 
 
 11 not entitled to separate representation, shall vote in the same 
 
 12 election district. 
 
 34. The General Assembly shall confer on the courts the 
 
 2 power to grant divorces, change the names of persons, and 
 
 3 direct the sale of estates belonging to infants and other per- 
 
 4 sons under legal disabilities, but shall not, by special legisla- 
 
 5 tion, grant relief in such cases, or in any other case of which 
 
 6 the courts or other tribunals may have jurisdiction. 
 
 35. The General Assembly shall provide for the periodical 
 
 2 registration in the several counties, cities and towns, of the 
 
 3 voters therein ; and for the annual registration of the births, 
 
 4 marriages and deaths in the white population, and of the 
 
35 
 
 5 births and deaths in the colored population of the same, dis- 
 
 6 tingnishing between the number of the free colored persons 
 
 7 and slaves. 
 
 36. The General Assembly, at intervals of five years from the 
 
 2 dates of the returns of the census of the Confederate States, 
 
 3 shrill cause to be taken a census and such statistics Of tin's 
 
 4 State as may be prescribed by law; which census and sta- 
 6 tistics shall be returned to the Secretary of the Common- 
 
 6 wealth, who shall compare and correct the returns and re- 
 
 7 port the same to the General Assembly. 
 
 37. The manner of conducting and making returns of elec- 
 
 2 tions, of determining contested elections, and of filling va- 
 
 3 cancics in office, in eases not specially provided for by this 
 
 4 Constitution, shall be prescribed by law; but special elections 
 
 5 to fill vacancies in the office of judge oi any court shall be 
 for a fidl term. And the General Assembly may declare the 
 
 7 cases in which any office shad be deemed vacant, where no 
 
 8 provision is made for that purpose in this Constitution. 
 
 ARTICLE V. 
 
 1 \] < DTIVE DEP LRTM1 
 
 i •' nor. 
 I. The chief executive power of this Commonwealth shall 
 
 2 he vested jo G rnor. He shall hold the offia 
 
 3 of four comment e on the first day of January 
 
36 
 
 4 succeeding his election, and be ineligible to the same office 
 
 5 for the term next succeeding that for which he was elected, 
 
 6 and to any other office during his term of service. 
 
 2. The Governor shall be elected by the voters, at the times 
 
 2 and places of choosing members of the General Assembly. 
 
 3 Returns of the elections shall be transmitted, under seal, by 
 
 4 the proper officers, to the Secretary of the Commonwealth, 
 
 5 who shall deliver them to the Speaker of the House of Del- 
 
 6 egates on the first day of the next session of the General As- 
 
 7 sembly. The Speaker of the House of Delegates shall, 
 
 8 within one week thereafter, in the presence of a majority of 
 
 9 the Senate and House of Delegates, open the said returns, 
 
 10 and the votes shall then be counted. The person having 
 
 11 the highest number of votes shall be declared elected ; but if 
 
 12 two or more shall have the highest and an ecpial number of 
 
 13 votes, one of them shall be chosen Governor by the joint 
 
 14 vote of the two houses of the General Assembly. Contested 
 
 15 elections for Governor shall be decided by a like vote, and 
 
 16 the mode of proceeding in such cases shall be prescribed by 
 1? law. 
 
 3. No person shall be eligible to the office of Governor unless 
 
 2 he has attained the age of thirty years, is a native citizen of 
 
 3 the Confederate Statey, and has been a citizen of Virginia for 
 
 4 five years next preceding the election. 
 
37 
 
 4. The Governor shall reside at the seat of government; shall 
 
 2 receive five thousand dollars for each year of his service, 
 
 3 and, while in oilice, shall receive no other emolument from 
 
 4 this or any other government. 
 
 5. He shall lake care that the laws he faithfully executed; 
 
 2 communicate to the General Assembly at every session the 
 
 3 condition of the Commonwealth; recommend to their con- 
 
 4 sideration such measures as he may deem expedient; and 
 
 5 convene the General Asscmhly on application of a majority 
 
 6 of the members of both houses thereof, or when in his 
 
 7 opinion the interest of the Commonwealth may require it. 
 S He shall be commander-in-chief of the kind and naval forces 
 9 of the Stale; have power to embody the militia to repel inva- 
 
 10 sion, suppress insurrection, and enforce the execution of the 
 
 11 laws; conduct, either in person or in such other manner as 
 
 12 shall be prescribed by law, all Intercourse with other and 
 
 13 foreign States. He shall nominate, and by and with the 
 1 1 advice and consent of the senate, appoint the judges of 
 
 15 Supreme Court of Appeals and of the Circuit Courts; and 
 
 16 during the recess of the General Assembly fill, pro tempore, 
 
 17 all vacancies in 'hose offices tor which the Constitution and 
 
 18 laws make no provision ; but his appointments to such vacan- 
 
 19 cies shall be by commissions t" expire at the end of thirty 
 •jo days after the commen ement of the next i of the 
 
88 
 
 21 General Assembly. He shall have power to remit fines and 
 
 22 penalties in such cases and under such rales and regulations 
 
 23 as may be prescribed by law; and except when the prosecu- 
 
 24 tion has been carried on by the House of Delegates, or the 
 
 25 law shall otherwise particularly direct, to grant reprieves and 
 
 26 pardons after conviction, and to commute capital punish- 
 
 27 ment; but he shall communicate to the General Assembly, 
 
 28 at each session, the particulars of every case of fine or penal- 
 
 29 ty remitted, of reprieve or pardon granted, and of punish- 
 
 30 ment commuted, with his reasons for remitting, granting, or 
 
 31 commuting the same. 
 
 6. He may require information in writing from the officers in 
 
 2 the executive department upon any subject relating to the 
 
 3 duties of their respective offices; and may also require the 
 
 4 opinion in writing of the Attorney General upon any ques- 
 
 5 tion of law connected with his official duties. 
 
 7. Commissions and grants shall run in the name of the 
 
 2 Commonwealth of Virginia, and be attested by the Governor, 
 
 3 with the seal of the Commonwealth annexed. 
 
 Lieutenant Governor. 
 
 8. A Lieutenant Governor shall be elected at the same time, 
 
 2 and for the same term as the Governor, and his qualification 
 
 3 and the manner of his election in all respects shall be the 
 
 4 same. 
 
39 
 
 9. In case of the removal of the Governor from office, or of 
 
 2 his death, failure to qualify, resignation, removal from the 
 
 3 State, or inability to discharge the powers and duties of the 
 
 4 office, the said office, with its compensation, shall devolve 
 
 5 upon the Lieutenant Governor; and the General Assembly 
 G shall provide by law for the discharge of the executive func- 
 7 tions in other necessary cases. 
 
 10. The Lieutenant Governor shall be president of the 
 
 2 Senate, but shall have no vote; and, while acting as such, 
 
 3 shall receive a compensation equal to that allowed to the 
 
 4 speaker of the House of Delegates. 
 
 Secretary of the Coinmomccalth, Treasurer, anrl Auditor. 
 
 11. A Secretary of the Commonwealth, Treasurer, and an 
 
 2 Auditor of Public Accounts, shall be elected by the joint 
 
 3 vote of the two houses of the General Assembly, and con- 
 
 4 tinue in office for the term of two years, unless sooner re- 
 
 5 moved. 
 
 12. The Secretary shall keep a record of the official arts of 
 
 2 the Governor, "which shall he signed by the Governor and 
 
 3 attested by the Secretary; and, when required, he shall l:o 
 
 • I tin' same, and any papers, minutes, and vouchers, pertaining 
 
 6 to his office, before cither house of the General Assembly; 
 
 6 ;ind shall perform such other duties as may be prescribed by 
 
 7 law. 
 
40 
 
 13. The powers and duties of the Treasurer and Auditor 
 
 2 shall be such as now are, or may be, hereafter, prescribed by 
 
 3 law. 
 
 Militia. 
 
 14. The manner of appointing militia officers shall be pre- 
 2 scribed by law. 
 
 ARTICLE VI. 
 
 1. The judicial power shall be vested in a Supreme Court of 
 
 2 Appeals, in the Circuit Courts, and the judges thereof, in the 
 
 3 county and corporation courts, in the justices of the peace, 
 
 4 and in the magistrates who may belong to the corporate body. 
 
 5 The General Assembly may also constitute special courts of 
 
 6 appeal, to consist of not less than three nor more than five 
 
 7 judges, to try any cases that may be on the docket of the Su- 
 
 8 preme Court of Appeals, in respect to which a majority of 
 , 9 the judges of that court may be so situated as to make it ira- 
 
 10 proper for them to sit on the hearing thereof, and also to try 
 
 11 any cases on the said docket which cannot otherwise be dis- 
 
 12 posed of with convenient dispatch. 
 
 2.*The jurisdiction of these tribunals, of the judges and 
 
 2 justices thereof, and of the magistrates of the corporate bodies, 
 
 3 shall be regulated by law; except that the Supreme Court of 
 
 4 Appeals shall have appellate jurisdiction only, unless in cases 
 
41 
 
 5 of habeas corpus, mandamus and prohibitions, and cases in- 
 
 6 volving freedom or the constitutionality of a law. It shall 
 
 7 not have jurisdiction in civil cases, where the matter in con- 
 
 8 troversy, exclusive of costs, is less than dollars, except 
 
 9 in controversies concerning the title or boundaries of land, 
 
 10 the probat of a will, the appointment or qualification of a 
 
 11 personal representative, guardian, committee or curator; or 
 
 12 concerning a mill, road, way, ferry or landing, or the right of 
 
 13 a corporation, or of a county to levy tolls and taxes. 
 
 3. The Supreme Court of Appeals shall consist of five 
 2 judges, any three or more of whom may make a quorum. 
 
 4. The State shall be divided into twenty-one judicial cir- 
 
 2 cuits, which shall remain as now established until altered by 
 
 3 the General Assembly. For each circuit a judge shall be 
 
 4 appointed, who, during his continuance in office, shall reside 
 
 5 in the circuit of which he is judge, and hold a court at least 
 
 6 twice a year in every county and corporation thereof wherein 
 
 7 a circuit court is established, but a judge of one circuit may 
 
 8 hold a court in any other circuit. 
 
 I. The counties of Princess Anne, Norfolk, Nansemond, Isle 
 
 2 of Wight, Southampton, Greenesville, Surry and Sussex and 
 
 3 the city of Norfolk shall constitute the first circuit. 
 
 II. The counties of Prince George, Dinwiddie, Brunswick, 
 2 Mecklenburg, Lunenburg, Nottoway, Amelia, Chesterfield 
 
 F 
 
42 
 
 3 and Powhatan and the city of Petersburg shall constitute the 
 
 4 second circuit. 
 
 III. The counties of Cumberland, Buckingham, Appomat- 
 
 2 tox, Campbell, Prince Edward, Charlotte and Halifax and 
 
 3 the town of Lynchburg shall constitute the third circuit. 
 
 IV. The counties of Pittsylvania. Bedford, Franklin, Patrick 
 2 and Henry shall constitute the fourth circuit. 
 
 Y. The counties of Accomac and Northampton shall consti- 
 2 tute the fifth circuit. 
 
 VI. The counties of Elizabeth City, Warwick, York, Glou- 
 
 2 cester, Matthews, Middlesex, Henrico, New Kent, Charles 
 
 3 City and James City and the city of Williamsburg shall con- 
 
 4 stitute the sixth circuit. 
 
 VII. The city of Richmond shall be the seventh circuit. 
 
 VIII. The counties of Lancaster, Northumberland, Rich- 
 
 2 mond, Westmoreland, King George, Spotsylvania, Caroline, 
 
 3 Hanover, King William, King & Queen and Essex shall 
 
 4 constitute the eighth circuit. 
 
 IX. The counties of Stafford, Prince William, Alexandria, 
 
 2 Fairfax, Loudoun, Fauquier and Rappahannock shall con- 
 
 3 stitute the ninth circuit. 
 
 X. The counties of Culpeper, Madison, Greene, Orange, 
 
 2 Albemarle, Louisa, Fluvanna and Goochland shall consti- 
 
 3 tute the tenth circuit. 
 
43 
 
 XI. The counties of Nelson, Amherst, Rockbridge, Augusta 
 2 and Bath shall constitute the eleventh circuit. 
 
 XII. The counties of Pendleton, Highland, Rockingham, 
 
 2 Page, Shenandoah, Warren and Hardy shall constitute the 
 
 3 twelfth circuit. 
 
 XIII. The counlies of Clarke, Frederick, Hampshire, Mor- 
 
 2 gan, Berkeley and Jefferson shall constitute the thirteenth 
 
 3 circuit. 
 
 XIV. The counties of Monroe, Greenbrier, Pocahontas, Al- 
 
 2 leghany, Botetourt, Roanoke, and Craig shall constitute the 
 
 3 fourteenth circuit. 
 
 XV. The counties of Giles, Mercer, Raleigh, Wyoming, Lo- 
 
 2 gan, Boone, Fayette and Nicholas shall constitute the fif- 
 
 3 teenth circuit. 
 
 XVI. The counties of Grayson, Carroll, Wythe, Floyd, Pu- 
 2 laski and Montgomery shall constitute the sixteenth cir- 
 2 cuit. 
 
 XVII. The counties of Smyth, Tazewell. Washington, Rus- 
 2 sell, Scott and Lee shall constitute the seventeenth circuit. 
 
 XVIII. The counties of Wayne, Cabell, Mason, Jackson, 
 2 Putnam and Kanawha shall constitute the eighteenth circuit. 
 
 -\ I \. The counties of Wood. \\ irt, Gilmer, Braxton, I. 
 
 2 Ritchie, Doddridge and Pleasants shall eoostitute the i 
 
 3 teenth circuit. 
 
44 
 
 XX. The counties of Hancock, Brooke, Ohio, Marshall, 
 
 2 Wetzel, Tyler and Monongalia shall constitute the twentieth 
 
 3 circuit. 
 
 XXI. And the counties of Harrison, Marion, Taylor, Pres- 
 
 2 ton, Barbour, Randolph and Upshur shall constitute the 
 
 3 twenty-first circuit. 
 
 5. The judges of the Supreme Court of Appeals and of the 
 
 2 Circuit Courts shall be commissioned by the Governor, and 
 
 3 shall hold their offices during good behaviour, or until they 
 
 4 arrive at the age of seventy years, or until removed in the 
 
 5 manner prescribed in this Constitution; and shall, at the 
 
 6 same time, hold no other office, appointment, or public trust; 
 
 7 and the acceptance thereof by either of them shall vacate his 
 
 8 judicial office. 
 
 6. The judges shall receive fixed and adequate salaries^ 
 
 2 which shall not be diminished during their continuance in 
 
 3 office. The salary of a judge of the Supreme Court of Ap- 
 
 4 peals shall not be less than three thousand dollars, and that 
 
 5 of a judge of the Circuit Court not less than two thousand 
 
 6 dollars per annum, except the salary of the judge of the fifth 
 
 7 circuit, which shall not be less than fifteen hundred dollars 
 
 8 per annum; and each shall have a reasonable allowance for 
 
 9 necessary travel. # 
 
 7. The judges may be removed from office by a concurrent 
 
45 
 
 2 vote of both houses of the General Assembly, but a majority 
 
 3 of all the members elected to each house must concur in 
 
 4 such vote; nnd the cause of removal shall he entered on the 
 
 5 journal of each house. The judge against whom die Gene- 
 
 6 ral Assembly may be about to proceed shall receive notice 
 
 7 thereof, accompanied by a copy of the causes alleged tbr his 
 
 8 removal, at least twenty days before the day on which 
 
 9 cither house of the General Assembly shall act thereupon. 
 
 8. There shall be a county court in each county of the Com- 
 
 2 monwealth, which shall be held monthly by not less than 
 
 3 three nor more than five justices, except when the law shall 
 
 4 require the presence of a greater number. 
 
 9. Each county shall be laid off into districts as nearly equal 
 
 2 as may be in territory and population. In each district I 
 
 3 justices of the peace shall be chosen by the qualified voters 
 
 4 thereof, who shall be commissioned by the Governor, reside 
 
 5 in their respective districts, and hold tin for the term 
 
 6 of six years. The justices of each county shall select one of 
 
 7 their own body to be the presiding justice of the county court 
 
 8 of their county; whose duty it shall he to attend each tern. 
 
 ( .t the said court. The other justices shall !"• i i by law 
 
 in for the p irforman ve of their duties in court. 
 
 10. The justices shall i nrt a 
 2 per diem compensation, to be ascertained by law. and ] 
 
46 
 3 out of the county treasury; but they shall not receive any 
 5 fee or emolument for other judicial services. 
 
 11. The power and jurisdiction of justices of the peace 
 2 within their respective counties shall be prescribed by law. 
 
 12. The jurisdiction of the Supreme Court of Appeals, and 
 
 2 of the circuit, county, and corporation courts, of the judges 
 
 3 thereof, and of the justices of the peace and magistrates of 
 
 4 the corporate bodies, shall remain as now established until 
 
 5 changed by law. 
 
 13. The officers of the Supreme Court of Appeals, and of 
 
 2 the special courts of appeals, shall be appointed by the said 
 
 3 courts respectively, or by the judges thereof, in vacation, and 
 
 4 their duties, compensation and tenure of office shall be pre- 
 
 5 scribed by law. 
 
 14. Clerks and attorneys for the Commonwealth, for the cir- 
 
 2 cuit courts, shall be appointed by the circuit courts, or by the 
 
 3 judges thereof respectively, and clerks and attorneys for the 
 
 4 Commonwealth for the county courts shall be appointed by 
 
 5 such courts respectively, for the term of six years, and 
 
 6 their duties and compensation, and the manner of filling 
 
 7 temporary vacancies in their said offices, shall be prescribed 
 
 8 by law. They shall be removable from office by their re- 
 
 9 spective courts : but in every case of removal the cause there- 
 
47 
 
 10 of shall be entered of record in the court by which the re- 
 
 11 moval was made. 
 
 15. The Attorney General shall be appointed by joint vote of 
 
 2 the two houses of the General Assembly, and commissioned 
 
 3 by the Governor, and shall hold his office during the pleasure 
 
 4 of the General Assembly. 
 
 16. Sheriffs shall be nominated by the respective county 
 
 2 courts, and when appointed by the Governor shall be com- 
 
 3 missioned by him; but no person commissioned as sheriff for 
 
 4 one term shall be nominated for another term, unless, prior 
 
 5 to such nomination, he shall have duly accounted for allpub- 
 
 6 lie dues that may have come into his hands. 
 
 17. Coroners, constables, surveyors, commissioners of the 
 
 2 revenue and overseers of the poor, shall be appointed by the 
 
 3 county courts. 
 
 18. Justices of the peace, sheriffs, attorneys for the Com- 
 
 2 monwealth, clerks of courts, and all other county officers, 
 
 3 shall be subject to indictment for malfeasance, misfeasance or 
 
 4 neglect of official duty; and, upon conviction thereof, their 
 
 5 offices shall become vacant. 
 
 19. The General Assembly shall provide for the compensa- 
 
 2 tion of jurors; but appropriations for that purpose shall not 
 
 3 be made from the State Treasury, except in prosecutions for 
 
 4 felonies or misdemeanors. 
 
48 
 
 20. The cases remaining in the district courts when this 
 
 2 Constitution is adopted shall be remolded for trial into the 
 
 3 Supreme Court of Appeals. 
 
 21. Judges and all other officers shall continue to discharge 
 
 2 the duties of their respective offices, after the terms of their 
 
 3 service have expired, until their successors are qualified. 
 
 22. The judges in commission, when this Constitution is 
 
 2 adopted, shall continue in office until their respective terms 
 
 3 of service expire. 
 
 23. Writs shall run in the name of the Commonwealth of 
 
 2 Virginia, and be attested by the Clerks of the several courts. 
 
 3 Indictments shall conclude " against the peace and dignity 
 
 4 of the Commonwealth."