Justices of the Jeace not exceeding five; towns having one thousand, and less than two thousand inhabitants, may elect seven; towns having two thousand, and less than three thousand inhabitants, may elect ten; towns having three thousand, and less than five thousand inhabitants, may elect twelve; and towns having five thousand, or more, inhabitants, may elect fifteen Justices of the Peace.

ART. 19. All the officers named in the preceding articles of amendment (Articles 14 to 18) shall be annually elected by ballot and shall hold their offices for one year, said year commencing on the first day of December next after their election.

ART. 20. The election of the several officers mentioned in the preceding articles (Articles 14 to 18), execepting town representatives, shall be made at the times and in the manner now directed in the Constitution for the choice of Senators. And the presiding officer of each freemen's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a certificate of the names of each person voted for, with the number of votes given for each, annexed to his name and designating the office for which the votes were given, a record of which shall be made in the Town Clerk's office, and he shall seal up said certificate, and shall write thereon the name of the town and the words, Certificate of votes for and add thereto, in

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

ART. 21. The term of office of the Governor, Lieutenant-Governor, and Treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of one year, or until their successors shall be chosen and qualified, or to the adjournment of the session of the Legislature, at which, by the Constitution and laws, their successors are required to be chosen, and not after such adjournment. And the Legislature shall provide, by general law, declaring what officer shall act as Governor whenever there shall be a vacancy in both the offices of Governor and Lieutenant-Governor, occasioned by a failure to elect, or by the removal from office, or by the death, resignation, or inability of both Governor and Lieutenant-Governor, to exercise the powers and discharge the duties of the office of the Governor; and such officer, so designated, shall exercise the powers and discharge the duties appertaining to the office of Governor, accordingly, until the disability shall be removed, or a Governor shall be elected. And in case there shall be a vacancy in the office of Treasurer, by reason of any of the causes enumerated, the Governor shall appoint a Treasurer for the time being, who shall act as Treasurer until the disability shall be removed, or a new election shall be made.

ART. 22. The Treasurer of the State shall, before entering upon the duties of his office, give sufficient security to the Secretary of State, in behalf of the State of Vermont. before the Governor of the State, or one of the Judges of the Supreme Court. And Sheriffs and High Bailiffs, before entering upon the duties of their respective offices, shall give security to the Treasurer of their respective counties, before one of the Judges of the Supreme Court, or the two assistant judges of the County Court of their respective counties, in such manner and in such sums as shall be directed by the Legislature.

ART. 23. The Senate shall be composed of thirty Senators, to be of the freemen of the county for which they are elected, respectively, who shall have attained the age of thirty years, and they shall be elected annually by the freemen of each county respectively.

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

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

CONSTITUTION OF VIRGINIA. 1864.*

VIRGINIA BILL OF RIGHTS.

Passed June 12th, 1776, as amended by the Convention of 1850-1, without alteration. When, on the 15th of May, 1776, the Convention of Virginia instructed their delegates in Congress to propose to that body to declare the United Colonies free and independent States, it, at the same time, appointed a committee to prepare a declaration of rights and such a plan of government as would be most likely to maintain peace and order in the Colony and secure substantial and equal liberty to the people. On subsequent days the committee was enlarged; Mr. George Mason was added to it on the 18th. The declaration of rights was, on the 27th, reported by Mr. Archibald Cary, the chairman of the committee, and, after being twice read, was ordered to be printed for the perusal of members. It was considered in committee of the whole on the 29th of May, and the 3d, 4th, 5th, and 10th of June. It was then reported to the House with amendments. On the 11th the Convention considered the amendments, and having agreed thereto, ordered that the declaration (with the amendments) be fairly transcribed and read a third time. This having been done on the 12th, the declaration was then read a third time and passed nem. con. A manuscript copy of the first draft of the declaration, just as it was drawn by Mr. Mason, is in the library of Virginia The declaration as it passed was adopted without alteration by the Couvention of 1829-30, and re-adopted with amendments by the Convention of 1850-51. The Convention which assembled at Alexandria on the 13th day of February, 1864, made no change in the Bill of Rights. The committee to whom the subject was referred reported back the declaration as it was adopted by the Convention of 1850-51, without alteration, and on the 14th day of March, 1864, the same was unanimously re-adopted as

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, 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 safety.

2. 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.

3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator, or judge, to be hereditary 5. That the legislative, executive, and judicial powers should be separate and distinct, and that the members thereof may be restrained from oppression, by feeling and participating the burdens 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

* Virginia formed its first State Constitution in 1776, which was remodeled in 1830, and very carefully revised in 1851. In April, 1861, this State seceded from the Federal Union, and the State government then in operation, continued in sympathy with the rebellion until its collapse in 1865. In 1861 a loyal State government, was organized over such portions of the State as were under the protection of the Federal arms, and was gradually extended with the sphere of this protection until the close of the war. It was from the first recognized by the Federal government. The present Constitution was adopted in Convention at Alexandria, February 13, 1864, and was amended in December of that year by the Legislature.

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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. 6. That all elections ought to be free: and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, 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 representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.

7. 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.

8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, 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 twelve men 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.

9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.

11. That, in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.

12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense 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.

14. 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.

15. That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by a frequent recurrence to fundamental principles.

16. That religion, or the duty which we owe to our Creator, and the manner 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 toward each other.

CONSTITUTION OF VIRGINIA.

WHEREAS, The Delegates and Representatives of the good people of Virginia in Convention assembled, on the twenty-ninth 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 intrusted 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 Governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and when so suspended, neglecting to attend to them for many years; by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the Legislature; by dissolving Legislative Assemblies repeatedly and continually, for opposing with manly firmness his invasions 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 the 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 benefits of the trial by jury, for transporting us beyond seas for trial for pretended offenses, for suspending our own Legislatures, 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 destroying the lives of our people; by inciting insurrections of our fellow subjects with the allurements of forfeiture and confiscation; by prompting our negroes to rise in arms amongst us—those very negroes, whom, by an inhuman use of his negative, he had refused us permission to exclude by law; by endeavoring 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 unworthy the head of a civilized nation; by answering our repeated petitions for redress with a repetition of injuries; and 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 speedily adopted, and in compliance with the recommendation of the General Congress, ordain and declare a form of government of Virginia:

And whereas, A convention held on the first Monday in October, in the year one thousand eight hundred and twenty-nine, did propose to the people of the Commonwealth an amended Constitution or form or 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 provide for the election, by the people, of delegates to meet in General Convention, to consider, discuss 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 hundred 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 on 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 amendments to the existing Constitution of this Commonwealth. We, therefore, the delegates of the good people of Virginia, elected and in Convention assembled, in pursuance of said act, have adopted the following Constitution and form of government for this Commonwealth:

ARTICLE I.

BILL OF RIGHTS.

The declaration of rights, as prefixed to this Constitution, shall have the same relation thereto as it had to the former Constitution.

ARTICLE II.

DIVISION OF POWERS.

The Legislative, Executive and Judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that Justices of the Peace shall be eligible to either House of Assembly.

ARTICLE III.

QUALIFICATION OF VOTERS.

1. Every white male citizen of the Commonwealth, of the age of twenty-one years who has been a resident of the State for one year, and of the county, city or town where he offers to vote for six months next preceding an election, and who has paid all taxes assessed to him, after the adoption of this Constitution, under the laws of the Commonwealth after the re-organization of the county, city or town where he offers to vote, shall be qualified to vote for members of the General Assembly, and all officers elective by the people; Provided, however, That no one shall be allowed to vote who, when he offers to vote, shall not thereupon take, or shall not before have taken, the fol

lowing oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the laws made in pursuance thereof, as the supreme law of the land, anything in the Constitution and laws of the State of Virginia, or in the ordinances of the Convention which assembled at Richmond on the thirteenth day of Febuary, eighteen hundred and sixty-one, to the contrary notwithstanding; and that I will uphold and defend the government of Virginia as restored by the Convention which assembled at Wheeling on the eleventh day of June, eighteen hundred and sixty-one, and that I have not since the first day of January, eighteen hundred and sixty-four, voluntarily given aid or assistance, in any way, to those in rebellion against the government of the United States for the purpose of promoting the same." But the Legislature shall have power to pass an act or acts prescribing means by which persons who have been disfranchised by this provision shall or may be restored to the rights of voters when in their opinion it will be safe to do so. Any person falsely so swearing shall be subject to the penalties of perjury.

[No person shall hold any office under this Constitution who shall not have taken and subscribed the oath aforesaid. But no person shall vote or hold office under this Constitution who has held office under the so-called Confederate government, or under any rebellious State government, or who has been a member of the so-called Confederate Congress, or a member of any State Legislature in rebellion against the authority of the United States, excepting therefrom county officers.]*

No person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being stationed therein; but citizens of this State, when in the military service of the United States, shall be permitted to vote under such regulations as may be prescribed by the General Assembly, wherever they may be stationed, the same as if they were within their respective cities, counties or districts. No person shall have the right to vote who is of unsound mind or a pauper, or who has been convicted of bribery in an election, or of any infamous offense.

2. The General Assembly, as occasion may require, shall cause every city or town, the white population of which exceeds five thousand, to be laid off into convenient wards, and a separate place of voting to be established in each; and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides.

3. No voter, during the time for 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 the public roads, or to attend any court as suitor, juror or witness; and no voter shall be subject to arrest under any civil process during his attendance at elections, or in going to or returning from them.

4. In all elections for members of the General Assembly and other State officers, votes shall be given by ballot, and not viva voce, for which the General Assembly shall provide by law, at its first session after the adoption of this Constitution, but until such provision shall have been made, votes shall be given as heretofore.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

1. The Legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and House of Delegates.

2. The House of Delegates shall consist of not less than eighty and of not more than one hundred and four members. The Senate shall never be less than one-fourth, nor more than one-third the number of the House of Delegates.

3. The House of Delegates shall be elected biennially by the voters of the cities of Norfolk and Richmond, and the several counties, on the fourth Thursday in May. 4. The counties of Augusta, and Rockingham, and the city of Richmond, shall each elect three Delegates,; the counties of Accomac, Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Halifax, Henrico, Jefferson, Loudoun, Norfolk, Pittsylvannia, Rockbridge, Scott, Shenandoah and Washington, shall each elect two Delegates; the county of Dinwiddie and the city of Petersburg shall together elect two Delegates, and the city of Norfolk shall elect two Delegates.

The counties of Alleghany, Amherst, Bottetourt, Caroline, Carroll, Chesterfield, Floyd, Giles, Grayson, Hanover, Henry, Lee, Louisa, Mecklenburg, Montgomery, Nansemond,

* The portion of this section included within the brackets, was stricken out, by an amendment approved by the Legislature June 21, 1865, accepted by the electors at a popular election, and declared as an amendment by an act passed December 8, 1865. The General Assembly retained the power to alter or amend all the other provisions of this article. An ordinance further to alter this section is given at the end of the Constitution.