CONSTITUTION OF VIRGINIA.,
FRAMED BY THE
CONVENTION
WHICH MET IN RICHMOND, VIRGINIA, THE THIRD DAY OF DECEMBER, EIGHTEEN
HUNDRED AND SIXTY-SEVEN.
State Journal Printing House, Richmond.
\
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s
PREAMBLE,
BILL OF RIGHTS AND DIVISION OF POWERS.
PREAMBLE.
Whereas, the delegates and representatives of the good people of Virginia,
in Convention assembled, on the 29th day of June, in the year of our Lord
one thousand seven hundred and seventy-six, reciting and declaring, that
whereas George the Third, King of Great Britain and Ireland and Elector
of Hanover, before that time entrusted with the exercise of the kingly office
in the Government of Virginia, had endeavored to pervert the same into a
detestable and insupportable tyranny, by putting his negative on laws the
most wholesome and necessary for the public good; by denying his gov-
ernors permission to pass laws, of immediate and pressing importance, unless
suspended in their operation for his assent, and when so suspended, neglect-
ing to attend to them for many years; by refusing to pass certain other laws,
qnless the persons to be benefitted by them would relinquish the inestimable
right of representation in the Legislature; by dissolving legislative assem-
blies repeatedly and continually, for opposing with manly firmness, his in-
vasions of the rights of the people; when dissolved, by refusing to call others
for a long space of time, thereby leaving the political system without any
legislative head; by endeavoring to prevent the population of our country,
and for that purpose obstructing the laws for naturalization of foreigners;
by keeping among us, in time of peace, standing armies and ships of war;
by affecting to render the military independent of and superior to the civil
power; by combining with others to subject us to a foreign jurisdiction,
giving his assent to their pretended acts of legislation, for quartering large
bodies of armed troops among us, for cutting off our trade with all parts of
the world, for imposing taxes on us without our consent, for depriving us of
the benefit of the trial by jury, for transporting us beyond the seas for trial
for pretended offences, for suspending our own legislators, and declaring
themselves invested with power to legislate for us in all cases whatsoever;
by plundering our seas, ravaging our coasts, burning our towns, and destroy-
ing the lives of our people; by inciting insurrection of our fellow-subjects
with the allurements of forfeiture and confiscation; by prompting our ne-
groes to rise in arms among us—those very negroes whom, by an inhuman
4
use of his negative, he had refused us permission to exclude by law: by en-
deavoring to bring on the inhabitants of our frontiers the merciless Indian
savages, whose known rule of warfare is an undistinguished destruction of
all ages, sexes and conditions of existence; by transporting hither a large
army of foreign mercenaries to complete the work of death, desolation and
tyranny, then already begun, with circumstances of cruelty and perfidy un-
worthy the head of a civilized nation : by answering our repeated petitions
for redress with a repetition of injuries ; aind finally, by abandoning the
helm of government and declaring us out of his allegiance and protection ;
by which several acts of misrule the Government of this country, as before
exercised under the Crown of Great Britain, was totally dissolved—did*
therefore, having maturely considered the premises, and viewing with great
concern the deplorable condition to which this once happy country would be
reduced unless some regular, adequate mode of civil policy should be spee-
dily adopted, and iu compliance with the recommendation of the General
Congress, ordain aud declare a form of Government of Virginia.
And wheieas, a Convention held on the first Monday in October, in the
year one thousand eight huudred and twenty-nine, did propose to the people
of this Commonwealth an amended Constitution, or form of government,
which was ratified by them :
And whereas, the General Assembly of Virginia, by an act passed on the
fourth of March in the year one thousand eight hundred and fifty; did pro-
vide for the election, by the people, of delegates to meet in general conven-
tion, to consider, diseuss and propose a new Constitution, or alterations and
amendments to the existing Constitution of this Commonwealth; and by an
act passed on the thirteenth of March, in the year one thousand eight hun-
dred and fifty-one, did further provide for submitting the same to the people
for ratification or rejection; and the same having been submitted accordingly,
was ratified by them :
And whereas, the General Assembly of Virginia, by an act passed oh the
twenty-first day of December, in the year one thousand eight hundred and
sixty-three, did provide for the election, by the people, of delegates to meet
in general convention to consider, discuss and adopt alterations and amend-
ments to the existing Constitution of this Commonwealth, the delegates so
assembled, did, therefore, having maturely considered the premises, avlopt a
revised and amended Constitution as the form of government of Virginia:
And wheteas, the Congress of the United States did, by an act passed on
the second day of March, in the year one thousand eight hundred and sixty-
seven, and entitled, "An act to provide for the more efficient government of
the rebel States," and by acts supplementary thereto, passed on the twenty-
5
third day of March, and the nineteenth day of July, in the year one thou-
sand eight hundred and sixty-seven, provide for the election, by the people
of Virginia, qualified to vote under the provisions of said acts, of delegates
to meet in ^convention to frame a Constitution, or form of government tor
Virgiuia, in conformity with said acts; and by the same acts did further
provide for the submitting of such Constitution to the qualified voters for
ratification or rejection:
We therefore, the delegates of the good people of Virgiuia, elected, and
in Convention assembled, in pursuance of said acts, invoking the favor and
guidance of Almighty God, do propose to the people the following Cotistitu-
tion and form of government for this Commonwealth:
ARTICLE L
bill of rights
A Declaration of Rights, made by the Reprt sentatives of the good peo-
pie of Virginia, assembled in full and free Convention, which rights do
pertain to them and their posterity, as the basis and foundation of Govern-
ment.
1. That all men are by Dature equally free and independent, and have
certain inherent rights, of which, when they enter into a state of society,
they cannot, by any compact, deprive or divest their posterity ; namely, the
enjoyment of life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and salety.
2. That this State shall ever remain a member of the United States of
America, and that the people thereof are part of the American nation, and
that all attempts, from whatever source or upon whatever pretext, to dissolve
said Union or to sever said nation, are unauthorized and ought to be resisted
with the whole power of the State.
3. That the Constitution of the United States, and the laws of Congress-
passed in pursuance thereof, constitute the supreme law of the land, to which
paramount allegiance and obedience are due from every citizen, anything in
the Constitution, ordinances or laws of any State to the contrary notwith-
standing.
4. That all power is vested in, and consequently derived from, the people.;
that magistrates are their trustees and servants, and at all times amenable to
them.
5. That government is, or ought to be, instituted for the common benefit,
protection and security of the people, nation or community; of all the vari-
ous modes and forms of government, that is best which is capable of pro-
ducing the greatest degree of. happiness and safety, and is most effectually
secured against the danger of maladministration ; and that when any gov-,
6
ernmeot shall be found inadequate or contrary to the purposes, a majority of
the community hath an indubitable, inalienable and indefeasible right to re-
form, alter or abolish it, in such manner as shall be judged most conducive
to the public weal.
6. That no man, or set of men, are entitled to exclusive or separate emol-
uments or privileges from the community but in consideration of public ser-
vices; which, not being descendible, neither ought the offices of magistrates,
legislator or judge to be hereditary.
7. That the legislative, executive and judicial powers should be separate
and distinct ; and that the members thereof may be restrained from oppres-
sion, by feeling and participating the burthens of the people, they should
at fixed periods, be reduced to a private station, return into that body from
which they were originally taken, and the vacancies be supplied by frequent,
certain and regular elections, in which all or any part of the former members
to be again eligible or ineligible, as the laws shall direct.
8. That all elections ought to be free, and that all men, having sufficient
evidence of permanent common interest with, and attachment to, the com-
inunity, have the right of suffrage, and cannot be taxed or deprived of their
property for public uses, without their own consent, or that of their repre-
sentatives so elected, nor bound by any law to which they have not in like
manner assented, for the public good.
9. That all power of suspending laws, or the execution of laws by any
authority, without consent of the representatives of the people, is injurious
to their rights and ought not to be exercised.
10. That, in all capital or criminal prosecutions, a man hath a right to
demand the cause and nature of his accusations, to be confronted with the
accusers and witnesses, to call for evidence in his favor, and to a speedy
trial by an impartial jury of his vicinage, without whose unanimous consent
he cannot be found guilty; nor can he be compelled to give evidence against
himself; that no man be deprived of his liberty, except by the law of the
land or the judgment of his peers.
11. That excessive bail ought not to be required, nor excessive fines im-
posed, nor cruel and unusual punishment inflicted.
12. That general warrants, whereby an officer or messenger may be com-
manded to search suspected places without evidence of a fact committed, or
to seize any person or persons not named, or whose offence is not particularly
described and supported by evidence, are grievous and oppressive, and ought
not to be granted.
13. That in controversies respecting property, and in suits between man
and man, the trial by jury is preferable to any other, and ought to be held
sacred.
14. That the freedom of the press is one of the great bulwarks of liberty,
and can never be restrained but by despotic governments, and any citizen
7
may speak, write and publish his sentiments on all subjects, being responsi-
ble for the abuse of that liberty.
15. That a well-regulated militia, composed of the body of the people
trained to arms, is the proper, natural and safe defence of a free State; that
standing armies, in time of peace, should be avoided as dangerous to liberty,
and that in all cases the military should be under strict subordination to,
and governed by, the civil power.
16. That the people have a right to uniform government; and, therefore,
that no government separate from, or independent of, the Government of
Virginia ought to be erected or established within the limits thereof.
17. That no free government, or the blessings of liberty, can be preserved
to any people but by a firm adherence to justice, moderation, temperance
and virtue, and by a frequent recurrence to fundamental principles.
18. That religion, or the duty which we owe to our Creator, and the man-
ner of discharging it, can be directed only by reason and conviction, not by
force or violence; and, therefore, all men are equally entitled to the free
exercise of religion according to the dictates of conscience; and that it is
the mutual duty of all to practice Christian forbearance, love and charity
towards each other.
19. That neither slavery nor involuntary servitude, except as lawful im-
prisonment may constitute such, shall exist within this State.
20. " That all citizens of the State are hereby declared to possess equal
civil and political rights and public privileges."
21. The rights enumerated in this Bill of Rights shall not be construed
to limit other rights of the people not therein expressed.
The declaration of the political rights and privileges of the inhabitants of
this State is hereby declared to be a part of the Constitution of this Com-
monwealth, and shall not be violated on any pretence whatever.
ARTICLE II.
division of powers.
The Legislative, Executive and Judiciary Departments shall be separate
and distinct, sb that neither exercise the powers properly belonging to eithef
df the others; nor shall any person exercise the power of more than one dfr
them at the same time, except as hereinafter provided.
ARTICLE III.
elective franchise and qualifications for office.
Section 1. Every male citizen of the United States, twenty-one years
old, who shall have been a resident of this State twelve months, and of the
8
county, city or town in which he shall offer to vote three months next pre-
ceding any election, shall be entitled to vote upon all questions submitted to
the people at such election : Provided. That no officer, soldier, seaman or
marine of the United States army or navy shall be considered a resident of
this State by reason of being stationed therein : And provided also. That the
following persons sna'l be excluded from voting :
1st. Idiots and lunatics.
2d. Persons convicted of bribery in any election; embezzlement of public
funds, treason or felony.
3d. No person who, while a citizen of this State, has, since the adoption
of this Constitution, fought a duel with a deadly weapon, sent or accepted a
challenge to fight a duel with a deadly weapon, either within or beyond the
boundaries of this State, or knowingly conveyed a challenge, or aided or as-
sistfid in any manner in fighting a duel, shall be allowed to vote or hold any
office of honor, profit or trust, under this Constitution.
Sec. 2. All elections shall be by ballot, and all persons entitled to vote
shall be eligible to any office within the gift of the people, except as re-
stricted in this Constitution.
Sec. 3. All persons entitled to vote and hold ojfice, and none others, shall
be eligible to sit as jurors.
Sec. 4. Tho General Assembly shall, at its first session under this Consti-
tution, enact a general registration law; and every person offering or apply-
ing to register shall take and subscribe, before the officer charged with mak-
ing a registration of voters, the following oath :
" I. do solemnly swear (or affirm) that I am not disqualified from
exercising the right of suffrage by the Constitution framed by the Conven-
tion which assembled in the city of Richmond on the third day of Decern-
ber, 18G7, and that I will support and defend the same to the best of my
ability.''
Sec. 5. No voter, during the time of holding any election at which he is
entitled to vote, shall be compelled to perform military service, except in
time of war or public danger, to work upon public roads, or to attend any
court as suitor, juror or witness; and no voter shall be subject to arrest, uu-
der any civil process during his attendance at elections, or in going to or re-
turning from them.
oatii of office.
Sec. 6. All persons, before entering upon the discharge of any function
as officers of this State, must take and subset ibe the following oath or affir-
matiou:
9
«I do solemnly swear (or affirm) that I will support and maintain
the Constitution and laws of the United States, and the Constitution and
laws of the State of Virginia; that I recognize and accept the civil and po-
litical equality of all men before the law, and that I will faithfully perform
the duty of —'—r- to the best of my ability, So help me God."
ARTICLE IV.
EXECUTIVE DEPARTMENT.
governor.
Section 1. The chief executive power of this Commonwealth shall be
vested in a Governor. He shall hold office for a term of four years, to com
noence on the first day of January next succeeding his election, and be ir\-
eligible to the same office for the term next succeeding that for which he
was elected, and to any other office during his term of service.
Sec. 2. The Governor shall be elected by the voters at the times and
places of choosing members of the General Assembly. Returns of elections
shall be transmitted, under seal, by the proper officers, to the Secretary of
the Commonwealth, who shall deliver them to the Speaker of the House of
Delegates, on the first day of the next session of the General Assembly.
The Speaker of the HousO of Delegates shall, within one week thereafter, in
presence of a majority of the Senate and House of Delegates, open the said
returns, and the votes shall then be counted. The person having the high
est number of votes shall be declared elected; but if two or more shall have
the highest and an equal number of votes, one of them shall be chosen Gov-
ernor by the joint vote of the two Houses of the General Assembly. Con-
tested elections for Governor shall be decided by a like vote, and the mode
of proceeding in such cases shall be prescribed by law.
Sec. 3. No person, except a citizen, of the United States, shall be eligible
to the office of Governor; and if such person be of foreign birth, he must
have been a citizen of the United States for ten years next preceding his
election; nor shall any person be eligible to that office unless he shall have
attained the age of thirty years, and have been a resident of this State for
three years next preceding his election.
Sec. 4. The Governor shall reside at the seat of government; shall re-
ceive five thousand dollars for each year of his service, and while in office
shall receive no other emolument from this or any other government.
Sec. 5. He shall take care that the laws be faithfully executed; comtnu*
nicate to the General Assembly, at every session, the condition of the Com-
monwealth; recommend to their consideration such measures as he may deem
expedient, and convene the General Assembly, on application of two-thirds
of the members of both Houses thereof, or when, in his opinion, the interest
2
10
iff the Commonwealth may require it. He shall be Commander in-Chief of
the land and naval forces of the State; have power to embody the militia of
repel invasion, suppress insurrection and enforce the execution of the laws;
conduct, either in person or in such other manner as shall be prescribed by
law, all intercourse with other and foreign States; and,'during the recess of
the General Assembly, to fill pro tempore all vacancies in those offices for
which the Constitution and laws make no provision; but his appointments
to such vacancies shall be by commissions to expire at the end of thirty days
after the commencement of the nest session of the General Assembly. He
shall have power to remit fines and penalties in such eases and under such
rules and regulations as may be prescribed by law,'and, except when the
prosecution has been carried on by the House of Delegates, to grant re-
prieves and pardons after conviction; to remove political disabilities eonse-
quent upon conviction for offences committed prior or subsequent to the
adoption of this Constitution, and to commute eapital punishment; but he
shall communicate to the General Assembly, at each session, the particulars
of every case of fine or penalty remitted, of reprieve or pardon granted, and*
of punishment commuted, with his reasons for remitting, granting, or com-
muting the same.
Sec. 6. He may require information in writing from the officers in the
Executive Department upon any subject relating to the duties of their re-
spective offices; and may also require the opinion, in writing, of the Attor-
ney-General upon any question of law connected with his official duties.
Sec. 7. Commissions and grants shall run in the name of the Common-
wealth of Virginia, and be attested by the Governor, with the seal of the
Commonwealth annexed.
Sec. 8. Every bill which shall have passed the Senate and House of
Delegates, and every resolution requiring the assent of both branches of the
General Assembly, shall, before it becomes a law, be presented to the Gov-
ernor; if he approve, he shall sign it ; but if not, he shall return it with his
objections, to the House in which it shall have originated, who shall enter
the objections at large on their journal, and proceed to reconsider it. If,
after such consideration, two thirds of the members present shall agree to
pass the bill or joint resolution, it shall be sent, together with the objections,
to the other House, by which it shall likewise be reconsidered, and if ap-
proved by two-thirds of all the members present it shall become a law, not-
withstanding the objections of the Governor. But in all such cases the
votes of both Houses shall be determined by ayes and noes, and the names
of the members voting for and against the bill or joint resolution, shall be
entered on the Journal of each House respectively. If any bill or resolution
shall not be returned by the Governor within five days (Sundays excepted)
after it Bhall h&ve been presented to him, the same shall be a law in like
manner as if he had signed it, unless the Legislature shall, by their adjourn-
ment, prevent its return, in which case it shall not be a law.
lieutenant-governor.
Sec. 9. A Lieutenant-Governor shall be elected at the same time and for
the same term as the Governor, and his qualification and the manner of his
election, in all respects, shall be the same.
Sec. 10. In case of the removal of the Governor from office, or of his
death, failure to qualify, resignation, removal from the State, or inability to
discharge the powers and duties of the office, the said office, with its com-
pensation, shall devolve upon the Lieutenant-Governor; and the General
Assembly shall provide by law for the discharge of the Executive functions
in other necessary cases.
Sec. 11. The Lieutenant-Governor shall be President of the Senate, but
shall have no vote except in case of an equal division; and while acting as
such, shall receive a compensation equal to that allowed to the Speaker of
the House of Delegates.
SECRETARY OF THE COMMONWEALTH, TREASURER AND AUDITOR.
Sec. 12. A Secretary of the Commonwealth. Treasurer and Auditor of
Public Accounts, shall be elected by the joint vote of the two Houses of the
General Assembly and continue in office for the term of two years, unless
sooner relieved. The salary of each shall be determined by law.
Sec. 13. The Secretary shall keep a record of the. official acts of the
Governor, which shall be signed by the Governor and attested by the See-
retary; and when required, he shall lay the same, and any papers, minutes
and vouchers pertaining to his office, before either House of the General
Assembly; and shall perform such other duties as may be prescribed by law.
All fees received by the Secretary shall be paid into the treasury.
Sec. 14. The powers and duties of the Treasurer and Auditor shall be
such as now are or may hereafter be prescribed by law.
Sec. 15. There may be established in the office of the Secretary of State,
a Bureau of Statistics and a Bureau of Agricultural Chemistry and Geology
under such regulations as may be prescribed by law.
Sec. 16. The General Assembly shall have power to establish a Bureau of
Agriculture and Immigration, under such regulations as may be prescribed.
BOARD OF PUBLIC WORKS.
Sec. 17. There shall be a Board of Public Works, to consist of the Gov-
ernor, Auditor and Treasurer of the Commonwealth under such regulations
as may be prescribed by law.
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ARTICLE V.
legislative department.
Section 1. The legislative power of this Commonwealth shall be vested
in a General Assembly, which shall consist of a Senate, and House of Dele-
gates.
Sec. 2. The House of Delegates shall be elected biennially by the voters
of the several cities and counties on the Tuesday succeeding the first Monday
in November, and shall be distributed and apportioned as follows:
District No. 1. Accomac shall have two delegates
2.
3.
Albemarle shall have three delegates.
Amelia shall have one delegate.
4. Alexandria shall have two delegates.
5. Amherst shall have two delegates.
6. Appomattox shall have one delegate.
7. Alleghany and Craig shall have one delegate.
8. Augusta shall have three delegates.
9. Bath and Highland shall have one delegate.
10. Bedford shall have three delegates.
11. Bland shall have one delegate.
12. Botetourt shall have one delegate.
13. Brunswick shall have one delegate.
14. Buckingham shall have two delegates.
15. Buchanan and Wise shall have one delegate.
16. Campbell shall have three delegates.
17. Caroline shall have two delegates.
18. Carroll shall have one delegate.
19. Charles City shall have one delegate.
20. Charlotte shall have two delegates.
31. Chesterfield and Powhatan shall have three delegates.
22. Cumberland shall have one- delegate.
23. Culpeper shall have one delegate.
24. Clarke shall have one delegate.
25. Dinwiddie shall have one delegate!.
26. Elizabeth City and W'arwick shall have two delegates.
27. Essex shall have one delegate.
28. Fauquier shall have two delegates.
.29. Fairfax shall have one delegate.
30. Floyd shall have one delegate.
31. Franklin shall have two delegates.
32. Fluvanna shall have one delegate.
33. Frederick shall have one delegate.
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District No. 34. Giles shall have one delegate.
" " 35. Goochland shall Lave one delegate.
" u 3,6. Greenesville shall have one delegate.
" " 37. Greene shall have one delegate.
» " 38. Gloucester shall have one delegate.
" " 39. Grayson shall have one delegate.
" " 40. Halifax shall have three delegates.
" " 41. Hanover shall have two delegates
« •' 42. Henrico and Richmond city shall have eight delegates.
" " 43. Henry shall have one delegate.
" " 44 Isle of Wight shall have one delegate.
" " 45. James City and city of Williamsburg shall have one del-
egate.
" " 46. King & Queen shall have one delegate.
» " 47. King William shall have one delegate.
" " 48. King George shall have one delegate.
" " 49. Lancaster shall have one delegate.
•' u 50. Lee shall have one delegate.
" " 51. Louisa shall have two delegates.
" u 52. Lunenburg shall have one delegate.
" u 53. Loudoun shall have two delegates.
" " 54. Mathews shall have one delegate.
" " 55. Madison shall have one delegate.
" " 56. Mecklenburg shall have two delegates.
" " 57. Middlesex shall have one delegate.
" " 58. Montgomery shall have one delegate.
" " 59. Nanseuiond shall have one delegate.
" " 60. New Kent shall have one delegate,
" " 61. Norfolk county and% the city of Portsmouth shall have
three delegates.
" 62. Norfolk city shall have two delegates. 1
u " 63. Nelson shall have one delegate.
" " 64. Nottoway shall have one delegate.
" " 65- Northampton shall have one delegate.
• " " 66. Northumberland shall have one delegate.
" " 67. Orange shall have one delegate.
" " 68! Patrick shall have one delegate.
" " 69. Page shall have one delegate.
" 4 "70. Pittsylvania shall have four delegates.
" " 71. Petersburg city shall have two delegates.
" " 72. Prince Edward shall have one delegate,
a it 73 Prince George shall have one delegate.
" " 74, Prince William shall have one delegate.
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District No. 75.
Pulaski shall have one delegate.
it
" 76.
Princess Anne shall have one delegate.
U
" 77.
Rappahannock shall have one delegate.
U.
-a
co
Richmond county shall have one delegate
it
" 79.
Rockingham shall have two delegates.
a
" 80.
Rockbridge shall have two delegates.
i.
" 81.
Roanoke shall have one delegate.
a
co
Russell shall have one delegate.
a
" 83.
Shenandoah shall have one delegate.
u
00
Smyth shall have one delegate.
it
" 85.
Southampton shall have one delegate.
a
" 86.
Scott shall have one delegate.
it
00
Surry shall have one delegate.
it
00
00
Stafford shall have one delegate.
t c
" 89.
Sussex shall have one delegate.
" 90.
Spotsylvania shall have one delegate.
a
" 91.
Tazewell shall have one delegate.
u
« 92.
Washington shall have two delegates.
a
" 93.
Warren shall have one delegate.
u
•' 94.
Westmoreland shall have one delegate,
it
95.
Wythe shall have one delegate.
a
" 96.
York shall have one delegate.
Sec. 3. The senators shall be elected for the term of four years, for the
election of whom the counties, cities and towns shall be divided into not
more than (40) forty districts. Each county, city and town of the respec-
tive districts, at the time of the first election of its delegate or delegates un-
der this Constitution, shall vote for one or more senators. The senators first
elected under this Constitution in districts bearing odd numbers shall vacate
their offices at the end of two years, and those elected in districts bearing
even numbers at the end of four years; and vacancies occurring by expira-
tion of term shall be filled by the election of senators for the full term.
The following shall constitute the senatorial districts:
Alexandria, Fairfax, Loudoun shall form the first district, and be entitled
to two senators.
Fauquier, Rappahannock, and Prince William shall form the second dis-
trict and be entitled to one senator.
Orange, Culpeper and Madison shall form the third district and be enti-
tied to one senator. ,
Stafford, Spotsylvania and Louisa shall form the fourth district and be en-
titled to one senator.
Fluvanna, Goochland and Powhatan shall form the fifth district and be
entitled to one senator.
15
Albemarle and Greene shall form the sixth district and be entitled to one
senator.
Buckingham and Appomattox shall form the seventh district and be enti-
tied to one senator.
Nelson and Amherst shall form the eighth district and be entitled to one
senator.
Franklin and Henry shall form the ninth district and be entitled to one
senator.
Pittsylvania shall form the tenth district, and be entitled to one senator.
Campbell shall form the eleventh district, and be entitled to one senator.
Bedford shall form the twelfth district, and be entitled to one senator.
Halifax shall form the thirteenth district, and be entitled to one senator.
Charlotte and Prince Edward shall form the fourteenth district, and be
entitled to one senator.
Mecklenburg shall form the fifteenth district and be entitled to one senator.
King George, Westmoreland, Richmond, Northumberland and Lancaster
shall form the sixteenth district, and be entitled to one senator.
Caroline, Essex and King William shall form the seventeenth district and
be entitled to one senator.
Gloucester, Middlesex, Mathews and King & Queen shall form the eigh-
tcenth district, and be entitled to one senator.
Richmond city and Henrico shall form the nineteenth district, and be en-
titled to three senators.
Norfolk city and Princess Anne county shall form the twentieth district,
and be entitled to one senator.
Norfolk county and the city of Portsmouth shall form the twenty-first dis-
trict, and be entitled to one senator.
Nansemond, Southampton and Isle of Wight shall form the twenty-second
district, and be entitled to one senator.
Greenesville, Dinwiddie and Sussex shall form the twenty-third district
and be entitled to one senator.
Surry, York, Warwick and Elizabeth City shall form the twenty-fourth
district and be entitled to one senator.
Brunswick and Lunenburg shall form the twenty-fifth district, and be en-
titled to one senator.
Chesterfield and Prince George shall form the twenty-sixth district, and
be entitled to one senator.
The city of Petersburg shall form the twenty-seventh district, and be en-
titled to one senator.
Accomac and Northampton shall form the twenty-eighth district, and be
entitled to one senator.
Hanover, New Kent, Charles City and James City shall form the twenty-
ninth district and be entitled to one senator.
16
Cumberland. Amelia and Nottoway shall form the thirtieth district, and
be entitled to one senator.
Frederick, Clarke and Shenandoah shall form the thirty-first district, and
be entitled to one senator.
Page, Warren and Rockingham shall forga the thirty-second district, and
be entitled to one senator.
Highland and Augusta shall form the thirty-third district, and be entitled
to one senator.
Rockbridge, Bath and Alleghany shall form the thirty-fourth district, and
be entitled to one senator.
Botetourt, Roanoke, Craig and Giles shall form the thirty-fifth district)
and be entitled to one senator.
Montgomery, Floyd and Patrick shall form the thirty-sixth district, and
be entitled to.one senator.
Grayson, Carroll and Wythe shall form the thirty-seventh district, and be
entitled to one senator.
Pulaski, Bland, Tazewell and Russell shall form the thirty-eighth district,
and be entitled to one senator.
Lee, Scott, Wise and Buchanan shall form the thirty-ninth district, and
be entitled to one senator.
Washington and Smyth shall form the fortieth district, and be entitled to
one senator.
Sec. 4. At the first session of the General Assembly, after the enumera-
tion of the inhabitants of the State by the United States a re apportionment
of Senators and members of the House of Delegates, and every tenth year
thereafter shall be made.
qualifications of senators and delegates.
Sec. 5. Any person may be elected Senator who, at the time of election
is actually a resident within the district, and qualified to vote for members of
the General Assembly according to this Constitution; and any person may
be elected a member of the House of Delegates who, at the time of election,
is actually a resident within the county, city, town or election district, quali-
fied to vote for members of the General Assembly according to this Consti-
tution. The removal of any person elected to either branch of the General
Assembly from the city, county, town or district for which he was elected,
shall vacate his office.
powers and duties of the general assembly.
Sec. 6. The General Assembly shall meet annually, and not oftener, un-
less convened by the Governor in the manner prescribed in this Constitution.
No session of the General Assembly, after the first under this Constitution,
17
shall continue longer than ninety days, without the concurrence of three-
fifths of the members elected to each House; in whieh ease the session may
be extended for a further period, not exceeding thirty days. Neither House
during the session of the General Assembly, shall, without the consent of
the other, adjourn for more than three days, nor to any other place than that
in which the two Houses shall be sitting. A majority of the members elected
to each House shall constitute a quorum to do busiuess; but a smaller num-
ber may adjourn from day to day, and shall have power to compel the at-
tendance of absent members, in such manner, and under such penalty, as
each House may prescribe.
Sec. 7. The House of Delegates shall choose its own Speaker, and in the
absence of the Lieutenant Governor, or when he shall exercise the office of
Governor, the Senate shall choose, froth their own body, a President pro
tempore ; and each House shall appoint its own officers, settle its own rules
of proceeding, and direct writs of election for supplying intermediate vacan-
cies; but if vacancies shall occur during the recess of the General Assem-
bly, such writs may be issued by the Governor, under such regulations as
may be prescribed by law Each House shall judge of the election, qualifi-
cation and returns of its members, may punish them for disorderly behavior,
and, with the concurrence of two-thirds, expel a member.
Sec. 8. The members of the General Assembly shall receive for their ser-
vices a compensation, to be ascertained by law, and paid out of the public
treasury, but no act increasing such compensation shall take effect until after
the eud of the term for which the members of the House of Delegates voting
thereon were elected; and no Senator or Delegate during the term for which
he shall have been elected shall be appointed to any civil office of profit un-
der the Commonwealth, which has been created, or the emoluments of which
have been increased during such term, except offices filled by election by the
people.
Sec 9. Bills and resolutions may originate in either of the two Houses
of the General Assembly, to be approved or rejected by either, and may be
amended by either House, with the consent of the other.
Sec. 10. Each House of the General Assembly shall keep a journal of its
proceedings, which shall be published from time to time, and the yeas and
nays of the members of either House, on any question, shall, at the desire of
one-fifth of those present, be entered on the journal. No bill shall become
a law until it has been read on three different days of the session in the
House in which it originated, unless two-thirds of the members in that
House shall otherwise determine.
Sec. 11. The members of the General Assembly shall, in all cases except
treason, felony, or breach of the peace, be privileged from arrest during the
sessions of their respective Houses; and for any speech or debate in either
House, they shall not be questioned in any other place. They shall not be
3
18
subject to arrest, under any civil process, during the session of the General
Assembly, nor for fifteen days uext before the convening, and after the ter-
ruination of each session.
Sec. 12. The whole number of members to which the State may at any
time be entitled in the House of Representatives of the United States, shall
be apportioned, as nearly as may be, amongst the several counties, cities and
towns of the State, according to their population.
Sec. 13. In the apportionment the State shall be divided into districts,
corresponding in number with the representatives to which it may be enti-
tied in the House of Representatives of the Congress of the United States,
which shall be formed, respectively, of contiguous counties, cities and towns,
be compact, and include, as nearly as may be, an equal number of popula-
tion.
Sec. 14. The privilege of the writ of habeas corpus shall not be ,sus-
pended, unless when, in cases of invasion or rebellion, the public safety may
require it. The General Assembly shall not pass any bill of attainder, or
any ex post facto law, or any law impairing the obligation of contracts, or
any law, whereby private property shall be taken for public uses without
just compensation, or any law abridging the freedom of speech or of the
press. No man shall be compelled to frequent or support any religious wor-
ship, place or ministry whatsoever, nor shall any man be enforced, restrained,
molested or burthened in his body or goods, or otherwise suffer, on account
of his religious opinions or belief, but all men shall be free to profess, and
by argument to maintain, their opinions in. matters of religion, and the same
shall in nowise affect, diminish or enlarge their civil capacities. And the
General Assembly shall not prescribe any religious test whatever, or confer
any peculiar privileges or advantages on any sect or denomination, or pass
any law requiring or authorizing any religious society, or the people of any
district within this Commonwealth, to levy on themselves or others any tax
for the erection or repair of any house of public worship, or for the support
of any church or ministry, but it shall be leftjree to every person to select
bis religious instructor, and to make for his support such private contract as
he shall please,
Sec. 15. No law shall embrace more than one object, which shall be ex-
pressed in its title; nor shall any law be revived or amended with reference
to its title, but the act revived or the section amended shall be re-enacted
and published at length.
Sec. 16. The Governor, Lieutenant-Governor, judges and all others offend-
ing against the State, by maladministration, corruption, neglect of duty, or
other high crime or misdemeanor, shall be impeachable by the House of
Delegates, and be prosecuted before the Senate, which shall have the sole
power to try impeachment. When sitting for that purpose, they shall be on
oath or affirmation, and no person shall be convicted without the concurrence
19
of two-thirds of the members present. Judgment, in ease of impeachment,
shall not extend further than to removal from office, and disqualification to
hold or enjoy any office of honor, trust or profit under the Commonwealth;
but the party convicted shall, nevertheless, be subject to indictment, trial,
judgment and punishment according to law. The Senate may sit during the
recess of the General Assembly for the trial of impeachment.
Sec. 17. The General Assembly shall not grant a charter of incorporation
to any church or religious denomination, but may secure the title to church
property to an extent to be limited by law.
Sec. 18. No lottery shall hereafter he authorized by law; and the buying
selling or transferring of tickets or chances in any lottery shall be pi^o-
hibited.
Sec. 19. No new county shall be formed with an area of less than six
hundred square miles; nor shall the county or counties from which it is
formed be reduced below that area; nor shall any county having a popula-
tion less than ten thousand, be deprived of more than one fifth of such pop-
ulation; nor shall a county, having a larger population, be reduced below
eight thousand. But any county, the length of which is three times its
mean breadth, or which exceeds fifty miles in length, may be divided at the
discretion of the General Assembly. In all general elections the voters in
any county, not entitled to separate representation, shall vote in the same
election district.
Sec. 20. The General Assembly shall confer on the courts the power to
grant divorces, change the names of persons, and direct the sale of estates
belonging to infants and other persons under legal disabilities, but shall not
by special legislation, grant relief in such cases, or in any other case of
which the eourts or other tribunals may have jurisdiction.
Sec. 21. The General Assembly shall provide for the annual registration
of births, marriages and deaths.
Sec. 22. The manner of conducting and making returns of elections, of
determining contested elections, and of filling vacancies in office, in cases not
specially provided for by this Constitution, shall be prescribed by law; and
the General Assembly may declare the cases in which any office shall be
deemed vacant, where no provision is made for that purpose in this Consti-
tution.
ARTICLE VI.
JUDICIARY DEPARTMENT.
Section 1. There shall be a Supreme Court of Appeals, Circuit Courts,
and County Courts. The jurisdiction of these tribunals, and the judges
thereof, except so far as the same is conferred by this Constitution, shall be
regulated by law.
20
court of appeals.
Sec. 2. The Supreme Court of Appeals shall consist of five judges, any
three of whom may hold a court. It shall have appellate jurisdiction only
except in cases of habeas corpus, mandamus and prohibition. It shall not
have jurisdiction in civil cases where the matter in controversy, exclusive of
costs, is less in value or amount than five hundred dollars, except in contro-
versies concerning the title or boundaries of land, the probate of a will, the
appointment or qualification of a personal representative guardian, commit-
tee or curator; or concerning a mill, roadway, ferry or landing; or the right
of a corporation or of a county to levy tolls or taxes, and except in cases of
habeas corpus, mandamus and prohibition, or the constitutionality of a law:
Provided, That the assent of a majority of the judges elected to the court
shall be required, in order to declare any law null and void by reason of its
repugnance to the Federal Constitution, or to the Constitution of this State.
Sec. 3. Special Courts of Appeals, to consist of not less than three, nor
more than five judges, may be formed of the judges of the Supreme Court
of Appeals and of the Circuit Courts, or any7 of them, to try any cases on
the docket of said court, in respect to which a majority of the judges thereof
may be so situated as to make it improper for them to sit on the hearing of
the same; and also to try any cases on the said docket which cannot be
otherwise disposed of with convenient dispatch.
Sec. 4, When a judgment or decree is reversed or affirmed by the Su-
preme Court of Appeals, the reasons therefor shall be stated in writing and
preserved with the records of the case.
Sec. 5. The judges shall be chosen by the joint vote of the two Houses
of the General Assembly7, and shall hold their office for a term of twelve
years; they shall, when chosen, have held a judicial station in the United
States, or shall have practiced law in this or some other State for five years.
Sec. 6. The officers of the Supreme Court of Appeals shall be appointed
by the said court, or by the judges thereof in vacation. Their duties, com-
pensation and tenure of office shall be prescribed by law.
Sec. 7. The Supreme Court of Appeals shall hold its sessions at two or
more places in the State, to be fixed by law.
Sec. 8. At every election of a Governor an Attorney-General shall be
elected by the qualified voters of this Commonwealth. He shall be commis-
sioned by the Governor, perform such duties and receive such compensation
as may be prescribed by law, and shall be removable in the manner pre-
scribed for the removal of judges.
21
ciTcurr courts.
Sec. 9. The State shall be divided into sixteen judicial circuits, as fol-
lows:
1. The counties of Norfolk, Princess Anne, Nansemond, Isle of Wight,
Southampton, Surry and the city of Norfolk shall constitute the first cir-
cuit.
2. The counties of Susse, Greenesville, Brunswick, Prince George, Din-
widdie, Nottoway, Chesterfield and the city of Petersburg shall constitute
the second circuit.
3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, Powha-
tan, Prince Edward, Buckingham and Cumberland shall constitute the third
circuit.
4. The counties of Halifa, Pittsylvania, Henry, Patrick, Franklin and
the town of Danville shall constitute the fourth circuit.
5. The counties of Bedford. Campbell, Appomatto, Amherst, Nelson and
the city of Lynchburg shall constitute the fifth circuit.
6. The counties of Albemarle, Fluvanna, Culpeper, Goochland, Madison,
Greene and Orange shall constitute the sixth circuit.
7. The county of Henrico and the city of Richmond shall constitute the
seventh circuit.
8. The counties of Accomac, Northampton, York, Elizabeth City, War-
wick. James City New Kent, Charles City and the city of Williamsburg
shall constitute the eighth circuit.
9. The counties of Lancaster, Northumberland, Mathews, Middlesex,
Gloucester, King William, Esse, and King & Queen shall constitute the
ninth circuit.
10. The counties of Westmoreland, Spotsylvania, Caroline, Hanover,
Stafford, King George, Richmond and Louisa shall constitute the tenth cir-.
cuit.
11. The counties of Loudoun, Fauquier, Fairfa, Prince William. ILp-
pahaunock and Alexandria shall constitute the eleventh circuit.
12. The counties of Frederick, Clarke, Warren, Page, Shenandoah and
Rockingham shall conatitute the twelfth circuit.
13. The counties of Augusta, Rockbridge, Bath, Highland and Alleghany
shall constitute the thirteenth circuit.
14. The counties of Botetourt, Roanoke, Montgomery, Floyd, Giles and
Craig shall constitute the fourteenth circuit.
15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland and Taze-
well shall constitute the fifteenth circuit.
16. The counties of Smyth, Washington, Lee, Scott, Wise, Russell and
Buchanan shall constitute the eixtppeth c'rcmt
22
Sec. 10. The General Assembly may re-arrange said circuits, or any of
them, and increase or dimiuish the number thereof, when the public inter-
ests shall require it.
Sec. 11. For each circuit a Judge shall be chosen by the joint vote of
the two Houses of the General Assembly, who shall hold his office for a
term of eight years, unless sooner removed in the manner prescribed by this
Constitution. He shall when chosen, possess the same qualifications of
Judges of the supreme court of appeals; and during his continuance in
office shall reside in the circuit of which he is Judge.
Sec. 12. A circuit court shall be held, at least twice a year by the Judges
of each circuit, in every county and corporation thereof wherein a circuit
court now is or may hereafter be established. But the Judges may be re-
quired or authorized to hold the courts of their respective circuits alter-
nately, and the Judge of one circuit to hold court in any other circuit.
county courts.
Sec. 13. In each county of this Commonwealth there shall be a court
called the county court, which shall he held monthly by a Judge learned in
the law of the State and to be known as the county court Judge : Provided,
that counties containing less than eight thousand inhabitants shall be at-
taehed to adjoining counties for the formation of districts for courty Judges.
County court Judges shall be chosen in the same manner as Judges of the
circuit courts. They shall hoM their office for a term of six years, except
the first term under this Constitution, which shall he three years, and during
their continuance in office, they shall reside in their respective counties or
districts. The jurisdiction of said courts shall he the same as that of the
existing county courts, except so far as it is modified by this Constitution or
may be changed by law.
government of cities and towns.
Sec. 14. For each city or town in the State, containing a population of
five thousand, shall be elected, on the joint vote of the two Houses of the
General Assembly, one* City Judge, who shall hold a corporation or hustings
court of said city or town, as often, and as many days in each month, as may
be prescribed by law, with similar jurisdiction which may be given by law,
to the circuit courts of this State, and who shall hold his office for a term of
six (6) years: Provided, That in cities or towns containing thirty thousand
(30,000) inhabitants, there may be elected an additional Judge to hold
courts of probate and record, separate and apart from the corporation or
hustings courts, and perform such other duties as shall be prescribed by
law.
Sec. 15. Also the following enumerated officers, who shall be elected by
the qualified voters of the said cities or towrs: One clerk of the corporation
or hustings court, who shall also be the Clerk of the circuit court, except iu
cities or towns containing a population of thirty thousand (30,000) or more;
in which city or town there may be a separate Clerk for the circuit court
who shall hold his office for a term of six years.
Sec. 16. One Commonwealth's Attorney, who shall be the Common-
wealth's Attorney for the circuit court, and .shall hold his office for a term
of two years. 1
Sec. 17. One City Sergeant, who shall hold his office for a term of two
years.
Sec 18. One City or Town Treasurer, whose duties shall be similar to
those of County Treasurer, and shall hold his office for a term of three
years.
Sec. 19. One Commissioner of the Revenue.
Sec. 20. There shall be chosen by the electors of every city a Mayor}
who shall be the chief executive officer thereof, and who shall see that the
duties of the various city officers are faithfully performed. He shall have
power to investigate their acts, have access to all books and documents in
their offices, and may examine them and their subordinates on oath. The
evidence given by persons so examined shall not be used against them in any
criminal proceedings. He shall also have power to suspend or remove such
officers, whether they be elected or appointed, for misconduct in office or
neglect of duty, to be specified in the order of suspension or removal; but
no such removal shall be made without reasonable notice to the officer com-
plained of, and an opportunity afforded him to be heard in his defence. Ail
city, town and village officers, whose election or appointment is not provided
for by this Constitution, shall be elected by the electors of such cities, towns
and villages, or of some division thereof, or appointed by such authorities
thereof as the General Assembly shall designate. All other officers whose
election or appointment is not provided for by this Constitution, and all offi-
cers whose offices may be hereafter created by law, shall be elected by the
people, or appointed, as the General Assembly may direct. Members of
Common Councils shall hold no other office in cities, and no city officer shall
hold a seat in the General Assembly. The General Assembly, at its first
session after the adoption of this Constitution, shall pass such laws as may
be necessary to give effect to the provisions'of this article. General laws
shall be passed for the organization and government of cities, and no special
act shall be passed, except in cases where, in the judgment of the General
Assembly, the object of such act cannot be attained by general laws. No-
thing in this article shall affect the power of the General Assembly over
quarantine, or in regard to the port of Norfolk, or the interest of the State
in the lands under water and within the jurisdiction or boundaries of any
24
city, or to regulate the wharves, piers or slips in any city. All laws or city
ordinances in conflict with the provisions of the preceding sections shall be
void from and after the adoption of this Constitution.
Sec. 21. All regular elections for city or town officers, under this article
shall be held on the fourth (4th) Thursday in May, and the officers elect
shall enter upon their duties on the first day of July succeeding.
general provisions.
Sec. 22. All the Judges shall be commissioned by the Governor, and
shall receive such salaries and allowances as may be determined by law, the
amount of which shall not be diminished during their term of office. Their
terms of office shall commence on the first day of January, next following
their appointment; and they shall discharge the duties of their respective
offices from their first appointment and qualification under this Constitution
until their terms begin.
Sec. 23. Judges may be removed from office by a concurrent vote of both
Houses of the General Assembly, but a majority of all the members elected
to each House must concur in such vote, and the cause of removal shall be
entered on the Journal of each House. The Judge against whom the Gen-
eral Assembly may be about to proceed, shall have notice thereof, accom-
panied by a copy of the causes alleged for his removal, at least twenty days
before the day on which either House of the General Assembly shall act
thereon.
Sec. 24. Judges of the supreme court of appeals and Judges of the cir-
cuit courts shall not hold any other office or public trust during their con-
tinuance in office.
Sec. 25. Judges, and all other officers elected or appointed, shall con-
tinue to discharge the duties of their offices after their terms of service have
expired until their successors have qualified.
Sec. 26. Writs shall run "in the name of the Commonwealth of Yir-
giuia," and be attested by the Clerks of the several courts. Indictments
shall conclude " against the peace and dignity of the Commonwealth."
ARTICLE VII.
county organizations.
Sec 1. There shall be elected by the qualified voters of the county, one
Sheriff; one Attorney for the Commonwealth, who shall also be the Com-
inonwealth's Attorney for the circuit court; one County Clerk, who shall
also be the Clerk of the circuit court, except that in counties containing
fifteen thousand inhabitants there may be a separate Clerk for the circuit
court; one County Treasurer; and one Superintendent of the Poor. And
there shall be appointed in the manner provided for in Article VIII one
Superintendent of Schools : Provided, That counties containing less than
eight thousand inhabitants may bo attached to adjoining counties for the
formation of districts for Superintendents of Schools: Provided also.
That in counties containing thirty thousand inhabitants there may be ap
pointed an additional Superintendent of Schools therein. All regular elec-
tions for county officers shall be held on the first Tuesday after the first
Monday in November, and all officers -elected or appointed under this, pro-
vision shall euter upon the duties of their offices on the first day of January
next succeeding their election, and shall hold their respective offices for the
term of three years, except that the county and circuit court clerks shall
hold their offices for four years.
townships.
Sec. 2. Each couuty of the State shall be divided into so many compactly
located townships as may be deemed necessary, not less than three : Pro-
vided, That after three have been formed no additional township shall be
made containing less thau thirty square miles. Each township shall be
known as the township of , in the county of , and may sue
and be sued by such title. In each township there shall be elected amiu-
ally; one Supervisor; oue Township Clerk; one Assessor; one Collector;
one Commissioner of Heads ; one Overseer of the Poor; oue Justice of
the Peace, who shall hold his office three years; one Constable, who
shall hold his office three years; Provided, That at the first election
held under this provision there shall be three Justices of the Peace
and three Coustables elected, whose terms shall be one, two and three years,
respectively. All regular elections for township officers shall take place on
the fourth Thursday in May. and all officers so elected shall enter upon the
duties of their respective offices on the first day of July next succeeding
their election. The Supervisors of each township shall constitute the Board
of Supervisors for that county, and shall assemble at the courthouse thereof
on the first Monday in December, in each year, and proceed to audit the
accounts of said county, examine the books of the Assessors, regulate and
equalize the valuation of property, fix the county levies for the ensuing
year, apportion the same among the various townships, and perform such
other duties as shall be prescribed by law.
school districts.
Sec. 3. Each township shall be divided into so many compactly located
school districts as may be deemed necessary : Provided, That no school
district shall be formed containing less than one hundred inhabitants. In
each school district there shall he elected or appointed annually one School
Trustee, who shall hold his office three years : Provided, That at the first
election held under This provision there shall he three Trustees elected,
whose terms shall be one, two and three years respectively.
4
26
road districts.
Sec. 4. Each township shall be divided into one or more road districts.
In each road district there shall be elected annually one Overseer of Roads,
under whose direction the roads shall be kept in repair, at the public ex-
pense, in a mode prescribed by law.
Sec. 5. The General Assembly at its first session after the adoption of
this Constitution, shall pass such laws as may be necessary to give effect to
the provisions of this article. But nothing in this article shall be construed
as prohibiting the General Assembly from providing, by law, for any addi-
tional officers in any city or county.
Sec. 6. Sheriffs shall hold no other office. They may be required, by
law, to renew their security, and in default of so doing their offices shall be
declared vacant. Counties shall never be made responsible for the acts of
the sheriffs.
ARTICLE VIII.
education.
Section 1. The General Assembly ' shall elect, in joint ballot, within
thirty days after its organization under this Constitution, and every fourth
year thereafter, a Superintendent of Public Instruction. He shall have the
general supervision of the public free school interests of the State, and shall
report to the General Assembly for its consideration, within thirty days
after his election, a plan for a uniform system of public free schools.
Sec. 2. There shall be a board of education, composed of the Governor,
Superintendent of Public Instruction, and Attorney-General, which shall
appoint and have power to remove, for cause and upon notice to the incum-
bents, subject to confirmation by the Senate, all county superintendents of
public free schools. This board shall have, regulated by law the manage-
ment and investment of all school funds, and such supervision of schools of
higher grades, as the law shall provide.
Sec. 3. The General Assembly shall provide by law at its first session
under this Constitution, a uniform system of public free schoolsrand for its
gradual, equal and full introduction into all the counties of the State, by
the year 1876, or as much earlier as practicable.
Sec. 4. The General Assembly shall have power, after a full introduction
of the public free school system, to make such laws as shall not permit
parents and guardians to allow their children to grow up in ignorance and
vagrancy. 1 i
Sec. 5. The General Assembly shall establish as soon as practicable, nor-
mal schools, and may establish agricultural schools and such grades of
schools as shall be for the public good.
27
Sec. 6. The Board of Education shall provide for uniformity of text-
books, and the furnishing of school-houses with such apparatus and library
as may be necessary, uuder such regulations as may be provided by law.
Sec. 7. General Assembly shall set apart, as a permanent and per-
petual literary fund, the present literary funds of the State, the pro-
ceeds of all public lands donated by Congress for public school purposes, of
all escheated property, of all wasj;e and unappropriated lands, of all property
accruing to the State by forfeiture, and all fines collected for offences
committed against the State, and such other sums as the General Assem-
bly may appropriate.
SeC. 8. The General Assembly shall apply the annual interest on the
literary fund, the capitation tax provided for by this Constitution for
public free school purposes and an annual tax upon the property of the
State of not less than one mill nor more than five mills on the dollar, for
the equal benefit of all the people of the State, the number of children
between the ages of five and twenty-one years, in each public free school
district, being the basis of such division. Provision shall be made to
supply children attending the public free schools with necessary text-
books,, in cases where the parent or guardian is unable, by reason of
poverty, to furnish them. Each county and public free school district
may raise additional sums by a tax on property for the support of public
Tree schools. All unexpended sums of any one year in any public free
school district shall go into the general school fund for re-division the
next year: Provided, That any tax authorized by this section to be raised
by counties or school districts shall not exceed five mills on a dollar in any
one year, and shall not be subject to re-division, as hereinbefore provided
in this section.
Sec. 9. The General Assembly shall have power to foster all higher grades
of schools under its supervision, and to provide for such purpose a perma-
nent educational fund.
Sec. 10. All grants and donations received by the General Assembly for
educational purposes shall be applied according to the terms prescribed by
the donors.
Sec. 11. Each city and county shall be held accountable for the destruo-
tion of school property that may t;,ke place within its limits by incendiaries
or open violence.
Sec. 12. The General Assembly shall fix the salaries and prescribe the
duties of all school officers, and shall make all needful laws and regulations <
to carry into effect the public free school system provided for by this article.
28
ARTICLE IX.
militia.
Sec. 1. The militia of this State shall consist of all able-bodied male per-
30ns between the ages of eighteen and forty-five years, except such persons
as hereafter may be exempted by the laws of the United States or of this
State; but, those who belong to religious societies whose tenets forbid them
to carry arms shall not be compelled to do so, but shall pay an equivalent for
personal service; and the militia shall be organized, armed and equipped,
and trained as the General Assembly may provide by law.
Sec. 2. The Legislature shall provide by law for the encouragement of
volunteer corps of the several arms of the service, which shall be classed as
the active militia; and all other militia shall be classified as the reserve mi-
litia, and shall not be required to muster in time of peace.
ARTICLE X.
taxation and finance.
Sec. 1. Taxation, except as hereinafter provided, whether imposed by the
State, county, or corporate bodies, shall be equal and uniform, and all prop-
erty, both real and personal, shall be taxed in proportion to its value, to be
ascertained as prescribed by law. No one species of property, from which
a tax may be collected, shall be taxed higher than any other species of prop-
erty of equal value.
Sec- 2. No tax shall be imposed on any of the citizens of this State for
the privilege of taking or catching oysters from their natural beds with
tongs, in the waters thereof; but the amount of sales of oyster's so taken by
any citizen, in any one year may be taxed at a rate not exceeding the rate
of taxation imposed upon any other species of property.
Sec. 3. The Legislature may exempt all property used exclusively for
State, county, municipal, benevolent, charitable, educational and religious
purposes.
Sec, 4, The General Assembly may levy a tax on incomes in excess of six
hundred (600) dollars per annum, and upon the following licenses, viz: the
sale of ardent spirits, theatrical and circus companies, menageries, jugglers,
itinerant peddlers, and all other shows and exhibitions for which an entrance
fee is required, commission merchants, persons selling by sample, brokers,
and pawn-brokers, and all other business which cannot be reached by the ad
valorem system. The capital invested in all business operations shall be as-
sessed and taxed as other property. Assessments upon all stock shall be ac-
ijording to the market value thereof.
29
Skc 5. The General Assembly may levy a tax, not exceeding one dollar
per annum, on every male citizen who has attained the age of twenty-one
years, which shall be applied exclusively in aid of public free Schools; and
counties and corporations shall have power to impose a capitation tax not ex-
ceeding fifty (50) cents per annum, for all purposes.
^ Sec. 6. The General Assembly shall provide for a re-assessment of the real
estate of this State in the year 1869, or as soon thereafter as practicable, and
every fifth year thereafter : Provided, in making such assessment, no land
shall be assessed above or below its value. "*
Sec. 7. No debt shall be contracted by this State except lo meet casua
deficits in the revenue to redeem a previous liability of the State, to suppress
insurrection, repel invasion, or defend'the State in time of war.
Sec. 8.' The General Assembly shall provide, by law, a sinking fund, to be
applied solely to the payment and extinguishment of the principal of the
t*tate debt, which sinking fund shall be continued until the extinguishment
of such State debt; and every law hereafter enacted by the General Astern-
bly, creating a debt or authorizing a loan, shall provide a sinking fund for
the payment of the same.
Sec 9. The unfunded debt shall not be funded or redeemed at a value
exceeding that established by law at the time said debt was contracted, nor
shall any disbrimination hereafter be made in paying the interest on State
bonds, which shall give a higher actual value to bonds held in foreign eoun-
tries, over the same class of bonds held in this country.
Sec. 10. No money shall be paid out of the State Treasury except in pur-
suance of appropriations made by law; and no appropriation shall ever be
made for the payment of any debt or obligation- created in the name of the
State of Virginia, by the usurped and pretended State authorities assembled
at Richmond during the late war; and no county, city, or corporation shall
levy or collect any tax for the payment of any debt created for the purpose
of aiding any rebellion against the State, or against the United States.
Sec. 11 On the passage of every act which imposes, continues or revives
any appropriation of public or trust money or property, or releases, dis-
charges or commutes any claim or demand of the b tate, the vote shall be de-
termined by ayes and noes, and the names of the persons voting for and
against the same shall be entered on the Journals of the respective Houses,
and a majority of all the members elected to each House shall be necessary
to give it the force of a law.
Sec. 12. The credit of the State shall not be granted to, or in aid of, any
person, association or corporation.
Sec. 13. No scrip, certificate or other evidence of State indebtedness shall
be issued except for the redemption of stock previously issued, or for such
debts as are expressly authorized in this Constitution.
30
Sr.c- 14. The State shall not subscribe to, or become interested! in, the
Stock'of any company, association or corporation.
Sec. 15. The State shall not be a party to, or become interested in, any
work of internal improvement, nor eDgage in carrying on any such work,
otherwise than in the expenditure of grants to the State of land or other
property.
Sec. 16. Every law which imposes, continues, or revives a tax, shall dis-
tinctly state the tax, and the object to which it is to be applied, and it shall
not be sufficient to refer to any other law, to fix such tax or object.
Sec. 17. The State shall not assume any indebtedness of the county, hot-
ough, nor city, nor lend its credit to the same.
Sec. 18. A full account of the State indebtedness, and an accurate state-
menfc of receipts and expenditures of the1 public money, shall be attached to
and published with its laws passed at every regular session of the General
Assembly.
Sec. 19. The General Assembly shall provide by law for adjusting with
the State of West "Virginia the proportion of the public debt of Virginia,
proper to be borne by the State of Virginia and West Virginia, and shall
provide that such sum as shall be received from West Virginia shall be ap-
plied to the payment of the public debt of the State. ,
Sec. 20. No other or greater amount of tax or revenue shall at any time
be levied than may be required for the necessary expenses of the govern-
inent, or to pay the fxisting indebtedness of the State.
Sec. 21. The liability to the State of any incorporated company or insti-
tution to redeem the principal ,and pay the interest of any loan heretofore
made by the State to such company or institution, shall not be released or
commuted".
usury.
Upon debts hereafter contracted it shall be lawful to receive any rate of
interest, not exceeding twelve ,^er centum per annum, which may be agreed
Rpon by the parties and be specified in the bond, note, or other writing evi-
dencing the debt. When there is no such agreement, the rate 'of interest
shall be six per centum per annum for the use and forbearance of every
hundred dollars.
ARTICLE XI.
MISCELLANEOUS PROVISIONS.
homestead and other exemptions.
SECTION 1. Every householder or head of a family shall be entitled, in
addition to the articles now exempt from levy or distress for rent, to hold
31
exempt From levy, seizure, garnisheeing, or sale under any execution, order
or other process, issued on any demand for any debt heretofore or hereafter
contracted, his real and personal property, or either, including money and
debts due him, whether heretofore or hereafter acquired or contracted, to
the value of not exceeding two thousand dollars, to be selected by him,
Provided, That such exemption shall not extend to any execution, order or
other process issued on any demand in the following cases:
1st. For the purchase price of said property or any part thereof.
2d. For services rendered by a laboring person or a mechanic.
3d. For liabilities incurred by any public officer, or officer of a court, or
any fiduciary, or any attorney at law, for money collected.
4th. For a lawful claim for any taxes, levies or assessments accruing after
the 1st day of June 1866.
5th. For rent hereafter accruing.
6th. For the legal or taxable fees of any public officer, or officers of a
court, hereafter accruing.
Sec. 2. The foregoing section shall not be construed as subjecting the
property hereby exempted, or any portion thereof, to any lien by reason of
any execution levied on property which has been subsequently restored to
the defendant, or judgment rendered, or docketed, on and after the 17th
day of April 1861, and before the 2d day of March 1867, for any debt
contracted previous to the 4th day of April 1865, except debts of the char-
acter mentioned in either of the above first three exceptions.
Sec. 3. Nothing contained in this article shall be construed to interfere
with the sale of the property aforesaid, or any portion thereof, by virtue of
any mortgage, deed of trust, pledge or other security thereon.
Sec. 4. The General Assembly is hereby prohibited from passing any law
staying the collection of debts, commonly known as "stay laws"—but this
section shall not be construed as prohibiting any legislation which the Gene-
ral Assembly may deem necessary to fully_ carry out the provisions of this
article.
Sec. 5. The General Assembly shall at its first session under this Consti-
tution prescribe in what manner and on what conditions the said householder
or head of a family shall thereafter set apart and hold for himself and fam-
ily, a homestead out of any property hereby exempted, and may, in its dis-
cretion, determine in what manner and on what conditions he may thereafter
hold, for the benefit of himself and family, such personal property as he
may have, and coming within the exemption hereby made. But this section
shall not be construed as authorizing the General Assembly to defeat or im-
pair the benefits intended to be conferred by the provisions of this article.
Sec. 6. An act of the General Assembly, entitled " an act to exempt the
homesteads of families from forced sales" passed April 29th 1867 and an act
32
entitled 'an act to stay the collection of debts for a limited period" passed
March 2d, 1866, and the acts amendatory thereof, are hereby abrogated.
Sec. 7. The provisions of this article shall be construed liberally, to the
end that all the intents thereof may be fully and perfectly carried out.
church property.
The rights of ecclesiastical bodies in and to church property conveyed to
them by regular deed of conveyance shall not be affected by the late
civil war, nor by any antecedent or subsequent event, nor by any act of
the Legislature purporting to govern the same, but all such property shall
pass to, and be held by the parties set forth in the original deeds of convey-
ance, or the legal assignees of such original parties holding through or by
conveyance, and any act or acts of the Legislature in opposition thereto,
shall be null and void.
heirship of Property.
The children of parents, one or both of whom were slaves at and during
the period of cohabitation, and who were recognized by the father as his
children and whose mother was recognized by such father as his wife, and
was cohabited with as such, shall be as capable of inheriting any estate
whereof such father may have died seized or possessed, as though they had
been born in lawful wedlock.
ARTICLE XII.
future charges in the constitution.
Any amendment or amendments to the Constitution may be proposed in
the Senate and House of Delegates and if the same shall be agreed to by a
majority of the members elected to each of the two Houses, such proposed
amendment or amendments shall be entered on their Journals with the ayes
and noes taken thereon, and referred to the General x\ssembly to be chosen
at the next general election of senators and members of the House of Dele-
gates, and shall be published for three months previous to the time of
making such choice. And if in the General Assembly so next chosen as
aforesaid such -proposed amendment or amendments shall be agreed to by a
majority of all the members elected to each House, then it shall be the duty
of the General Assembly to submit such proposed amendment or amend-
ments to the people in such manuer and at such times as the General
Assembly shall prescribe ; and if the people shall approve and ratify such
amendment or amendments by a majority of the electors qualified to vote
for members of the General Assembly voting thereon, such amendment or
amendments shall become part of the Constitution.
33
At the general election to be held in the year 1888, and in each twen-
tieth year thereafter, and also at such time as the General Assembly may
by law provide the question, " Shall there be a Convention to revise the
Constitution and amend the same 7" shall be decided by the electors quali-
fied to vote for members of the General Assembly; and in case a majority
of the electors so qualified voting at such election shall decide in favor of a
Convention for such purpose, the General Assembly at its next session shall
provide by law for the election of delegates to such Convention : Provided,
That no amendment or revision shall be made which shall deny or in any
way impair the right of suffrage or any civil or political right as conferred
by this Constitution except for causes which apply to all persons and classe#
without distinction.
JOHN C. UNDERWOOD, President.
GEORGE RYE, Secretary.
Attest:
J. H. PAINTER, Assistant Secretary.
5
34
SCHEDULE.
That no inconvenience may arise from the changes in the Constitution of this State, and in
order to carry the same into complete operation, it is hereby declared that—
Section 1. The common law and the statute laws now in force not repugnant to this Constitu-
tion, shall remain in force until they expire by their own limitation, or are altered or repealed
by the Legislature.
Sec. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies
corporate, and of the State, and all charters of incorporation, shall continue; and all indictments
which shall have been found, or which may hereafter be found, for any crime or offence com-
mitted before the adoption of this Constitution, may be proceeded upon as if no change had
taken place. The several courts, except as herein otherwise provided, shall continue with the
like powers and jurisdiction, both in law and in equity, as if this Constitution had not been
adopted, and until the organization of the judicial department of this Constitution.
Sec. 3. That all fines, penalties, forfeitures and escheats accruing to the State of Virginia under
the present Constitution and laws, shall accrue to the use of the State under this Constitution.
Sec. 4. That all recognizances, bonds, obligations and all other instruments entered into or ex-
ecuted before the adoption of this Constitution, to the people of the State of Virginia to any
State, county or township, or any public officer or public body, or which may be entered into or
executed, under existing laws "to the people of the State of Virginia," to any such officer or
public body, before the complete organization of the department of government under this Con-
•titution, shall remain binding and valid; and rights and liabilities upon the same shall continue,
and may be prosecuted as provided by law. All crimes and misdemeanors and penal actions
shall be tried, punished and prosecuted, as though no change had taken place until otherwise
provided by law.
35
ELECTION ORDINANCE.
AN ORDINANCE concerning the Election for Ratif cation of this Cohsti
tution, and for State Officers and Members <f Congress.
Section 1. Be it ordained by the people of Virginia in Convention assembled, That the Consti-
tution adopted by this Convention be submitted for ratification on Tuesday, the 2d day of June
1868, to the voters of this State registered and qualified in compliance with the acts of Congress
known as the Reconstruction Acts. The vote on said Constitution shall be "For the, Constitu-
tion" or "Against the Constitution." The said election shall be held at the same places where
the election for delegates to this Convention was held and under the regulations to be prescribed
by the Commanding General of this Military District, and the returns made to him as directed
by law.
Sec. 2. An election shall be held at the same time and places for members of the General As-
sembly and for all State officers to be elected by the people, under this Constitution; the said
election for State officers shall be conducted under the same regulations as the election for the
ratification of the Constitution, and by the same persons. The returns of this election shall be
made in duplicate, one copy to the Commanding General, and one copy to the President of this
Convention, who shall give certificates of election to the persons elected. The officers elected
shall enter upon the duties of the offices for which they are chosen as soon as elected and quali-
fied, in compliance with the provisions of this Constitution, and shall hold their respective offices
for the term of years prescribed by the Constitution, counting from the 1st day of January next,
and until their successors are elected and qualified.
Sec. 3. An election for members of the United States Congress shall be held in the congres-
sional districts as established by this Convention, one member of Congress being elected in th«
State at large, at the same time and places as the election for State officers; said election to b®
conducted by the same persons and under the same regulations before mentioned in this ordF
nance; the returns to be made in the same manner provided for State officers.
Sec. 4. The General Assembly elected under this ordinance shall assemble at the capitol, in< the.
city of Richmond, on Wednesday the 24th day of June, 1868.
Sec. 6. The Commanding General is requested to enforce this ordinance.
36
CONGRESSIONAL APPORTIONMENT.
Be it ordained by the people of Virginia in Convention assembled, that the following named
Bounties shall compose the respective congressional districts:
The counties of Accomac, Northampton, Northumberland, Richmond, Westmoreland, Essex,
Lancaster, Middlesex, King & Queen, King William, Gloucester, Mathews, York, James City,
city of Williamsburg, Elizabeth City, Warwick, King George and Caroline, with a population of
one hundred and fifty-one thousand two hundred and ninety-five, shall form the first congres-
aional district.
The counties of Princess Anne, Norfolk city, Norfolk county, city of Portsmouth, Nansemond,
Southampton, Greenesville, Sussex, Surry, Dinwiddie, city of Petersburg, Prince George, Isle of
Wight and Nottoway, with a population of one hundred and fifty thousand five hundred and
eighty-four, shall form the second congressional district.
The counties of Charles City, Henrico, city of Richmond, Hanover, Chesterfield, Goochland,
Powhatan, Amelia, Cumberland and New Kent, with a population of one hundred and forty-nine
thousand and twenty-one shall form the third congressional district.
The counties of Brunswick, Mecklenburg, Lunenburg, Charlotte, Halifax, Pittsylvania, Frank-
lin, Patrick and Henry, with a population of one hundred and sixty thousand seven hundred
and thirty, shall form the fourth congressional district..
The counties of Greene, Albemarle, Fluvanna, Nelson, Buckingham, Amherst, Appomattox,
Bedford, Campbell, Prince Edward and the city of Lynchburg, with a population of one hundred
and fifty-five thousand four hundred and ninety, shall form the fifth congressional district.
The counties of Frederick, city of Winchester, Clarke, Warren, Page, Shenandoah, Rocking-
ham, Augusta, town of Staunton, Highland, Bath, Botetourt, Alleghany and Rockbridge, with a
population of one hundred and forty-six thousand eight hundred and twenty-four, shall form the
sixth congressional district.
The counties of Alexandria, Fairfax, Prince William, Fauquier, Stafford, Rappahannock, Cul-
peper, Spotsylvania, town of Fredericksburg, Orange, Louisa, Loudoun and Madison, with a
population of one hundred and fifty-eight thousand two hundred and ninety-five, shall form the
seventh congressional district.
The counties of Montgomery, Giles, Pulaski, Wythe, Bland, Tazewell, Smyth, Washington,
Russell, Scott, Lee, Wise, Buchanan, Grayson, Carroll, Floyd, Craig and Roanoke, with a popula-
tion of one hundred and forty-seven thousand six hundred and seventy-nine, shall.form the
eighth congressional district.
And there shall be one member of Congress elected by the State at large.
This ordinance shall be in force from its passage, and may be altered Wr repealed by the Leg-
Sslaturo.
Signed by Resolution of the Convention this 17th day of April in the year of our Lord eighteen
hundred and sixty-eight.
JOHN C. UNDERWOOD, President.
GEORGE RYE, Secretary.
Attest:
J. H. Paixter, Assistant Secretary.