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Full text of "The federal and state constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or heretofore forming the United States of America"




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THE FEDERAL AND STATE 

CONSTITUTIONS 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS > 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



Compiled and Edited 
under the Act of Congress of June 30, 1906 

By 
FRANCIS NEWTON THORPE, Ph. D., LL. D. 

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu- 
tional History at the University of Pennsylvania, 1885-1898; Member of 
the American Historical Association; Author of The Constitutional History 
of the United States, 1765-1895; A (State) Constitutional History of 
the American People, 1776-1850; A Short Constitutional History 
of the United States; A (Social and Economic) History of the 
American People; A History of the Civil War; Editor of the His- 
tory of North America, Volumes IX, XV, XVI, XVIH, XIX, 
XX; Author of The Government of the People of the 
United States; Benfamin Franklin and the University 
of Pennsylvania; The Life of William Pepper, etc. 



VOL. VII 

Virginia — Wyoming — Index 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 



VIRGINIA 



GRANT TO SIR WALTER RALEIGH— 1584 

(See page 53.) 

THE FIRST CHARTER OF VIRGINIA— 1606 * 

James, by the Grace of God, King of England^ Scotland., France 
and Ireland., Defender of the Faith, &€. Whereas our loving and 
well-disposed Subjects, Sir Thomas Gates., and Sir George Somers., 
Knights, Richard HacMuit, Clerk, Prebendary of Westminster., and 
Edward-Maria Wingfleld., Thomas Hanham,., and Ralegh Gilbert., 
Esqrs. William Parker., and George Popham., Gentlemen, and divers 
others of our loving Subjects, have been humble Suitors unto us, that 
We would vouchsafe unto them our Licence, to make Habitation, 
Plantation, and to deduce a colony of sundry of our People into that 
part of America commonly called Virginia, and other parts and 
Territories in Afnerica, either appertaining unto us, or which are not 
now actually possessed by any Christian Prince or People, situate, 
lying, and being all along the Sea Coasts, between four and thirty 
Degrees of Northerly Latitude from the Equinoctial Line, and five 
and forty Degrees of the same Latitude, and in the main Land 
between the same four and thirty and five and forty Degrees, and the 
Islands thereunto adjacent, or within one hundred Miles of the Coast 
thereof ; ■ 

And to that End, and for th'e more speedy Accomplishment of 
their said intended Plantation and Habitation there, are desirous to 
divide themselves into two several Colonies and Companies; the one 
consisting of certain Knights, Gentlemen, Merchants, and other 
Adventurers, of our City of London and elsewhere, which are, and 
from time to time shall be, joined unto them, which do desire to 
begin their Plantation and Habitation in some fit and convenient 
Place, between four and thirty and one and forty Degrees of the said 
Latitude, alongst the Coasts of Virginia, and the Coasts of Am.erica 
aforesaid: And the other consisting of sundry Knights, Gentlemen, 
Merchants, and "other Adventurers, of our Cities of Bristol and 
Exeter, and of our Town of PUmovth, and of other Places, which do 
join themselves unto that Colony, which do desire to begin their 
Plantation and Habitation in some fit and convenient Place, between 
eight and thirty Degrees and five and forty Degrees of the said 

* Hening's Statutes of Virginia, I, 57-66. 

3783 



3784 Virginia— 1606 

Latitude,, all alongst the said Coasts of Virginia and America, as that 
Coast lyeth : 

We, greatly commending, and graciously accepting of, their Desires 
for the Furtherance of so noble a Work, which may, by the Provi- 
dence of Almighty God, hereafter tend to the Glory of his Divine 
Majesty, in propagating of Christian Religion to such People, as yet 
live in Darkness and miserable Ignorance of the true Knowledge and 
Worship of God, and may in time bring the Infidels and Savages, 
living in those parts, to human Civility, and to a settled and quiet 
Government : DO, by these our Letters Patents, graciously accept of, 
and agree to, their humble and well-intended Desires ; 

And do therefore, for Us, our Heirs, and Successors, Grant and 
agree, that the said Sir Thomas Gates, Sir George Somers, Richard 
EacMuit, and Edward- Maria Wingfield, Adventurers of and for our 
City of London., and all such others, as are, or shall be, joined unto 
them of that Colony, shall be called the first Colony ; And they shall 
and may begin their said first Plantation and Habitation, at any 
Place upon the said Coast of Virginia or America^ where they shall 
think fit and convenient, between the said four and thirty and one and 
forty Degrees of the said Latitude ; And that thej^ shall have all the 
Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, 
Marshes, Waters, Fishings, Commodities, and Hereditaments, what- 
soever, from the said first Seat of their Plantation and Habitation by 
the Space of fifty Miles of English Statute Measure, all along the 
said Coast of Virginia and America, towards the West and Southwest, 
as the Coast lyeth, with all the Islands within one hundred Miles 
directly over against the same Sea Coast; And also all the Lands, 
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, 
Waters, Marshes, Fishings, Commoditites, and Hereditaments, what- 
soever, from the said Place of their first Plantation and Habitation 
for the space of fifty like English Miles, all alongst the said Coasts of 
Virginia and Ainerica, towards the East and Northeast, or towards 
the North, as the Coast lyeth, together with all the Islands within 
one hundred Miles, directly over against the said Sea Coast; And 
also all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, 
Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Her- 
editaments, whatsoever, from the same fifty Miles every way on the 
Sea Coast, directly into the main Land by the Space of one hundred 
like English Miles; And shall and may inhabit and remain there; 
and shall and may also build and fortify within any the same, for 
their better Safeguard and Defence, according to their best Discre- 
tion, and the Discretion of the Council of that Colony ; And that no 
other of our Subjects shall be permitted, or suffered, to plant or 
inhabit behind, or on the Backside of them, towards the main Land, 
without the Express License or Consent of the Council of that Colony, 
thereunto in AVriting first had and obtained. 

And we do likewise, for Us, our Heirs, and Successors, by these 
Presents, Grant and agree, that the said Thomas Hanham, and 
Ralegh Gilhert, William Parker, and George Popham, and all others 
of the Town of Plimouth in the County of Deoon, or elsewhere, 
which are, or shall be, joined unto them of that Colony, shall be 
called the second Colony; And that they shall and may begin their 
said Plantation and Seat of their first Abode and "Habitation, at any 
Place upon the said Coast of Virginia and America, where they shall 



Virginia— 1606 3785 

think fit and convenient, between eight and thirty Degrees of the said 
Latitude, and five and forty Degrees of the same Latitude ; And that 
they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers, 
Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, 
and Hereditaments, whatsoever, from the first Seat of their Planta- 
tion and Habitation by the Space of fifty like English Miles, as is 
aforesaid, all alongst the said Coasts of Virginia and America, 
towards the West and Southwest, or towards the South, as the Coast 
lyeth, and all the Islands within one hundred Miles, directly over 
against the said Sea Coast; And also all the Lands, Soils, Grounds, 
Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, 
Fishings, Commodities, and Hereditaments, whatsoever, from the 
said Place of their first Plantation and Habitation for the Space of 
fifty like Miles, all alongst the said Coast of Virginia and America, 
towards the East and Northeast, or towards the North, as the Coast 
lyeth, and all the Islands also within one hundred Miles directly over 
against the same Sea Coast ; And also all the Lands, Soils, Grounds, 
Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, 
Fishings, Commodities, and Hereditaments, whatsoever, from the 
same fifty Miles every way on the Sea Coast, directly into the main 
Land, by the Space of one hundred like English Miles; And shall 
and may inhabit and remain there; and shall and may also build 
and fortify within any the same for their better Safeguard, accord- 
ing to their best Discretion, and the Discretion of the Council of that 
Colony; And that none of our Subjects shall be permitted, or suf- 
fered, to plant or inhabit behind, or on the back of them, towards the 
main Land, without express Licence of the Council of that Colony, 
in Writing thereunto first had and obtained. 

Provided always, and our Will and Pleasure herein is, that the 
Plantation and Habitation of such of the said Colonies, as shall last 
plant themselves, as aforesaid, shall not be made within one hundred 
like English Miles of the other of them, that first began to make their 
Plantation, as aforesaid. 

And we do also ordain, establish, and agree, for Us, our Heirs, 
and Successors, that each of the said Colonies shall have a Council, 
which shall govern and order all Matters and Causes, which shall 
arise, grow, or happen, to or within the same several Colonies, accord- 
ing to such Laws, Ordinances, and Instructions, as shall be, in that 
behalf, given and signed with Our Hand or Sign Manual, and pass 
under the Privy Seal of our Realm of England^' Each of which Coun- 
cils shall consist of thirteen Persons, to be ordained, made, and 
removed, from time to time, according as shall be directed and com- 
prised in the same instructions; And shall have a several Seal, for 
all Matters that shall pass or concern the same several Councils; 
Each of which Seals, shall have the King's Arms engraven on the 
one Side thereof, and his Portraiture on the other ; And that the Seal 
for the Council of the said first Colony shall have engraven round 
about, on the one Side, these AVords; Sigillum Regis Magnce Britan- 
nia?, Fra.ncim, <& Hihernice; on the other Side this Inscription round 
about ; Pro GonciUo primce Colonicje Virginian. And the Seal for the 
Council of the said second Colony shall also have engraven, round 
about the one Side thereof, the aforesaid Words; Sigillum Regis 
MagncB Britannice, Francia\ rf* Hihernice; and on the other Side; Pro 
Concilio secundm Colonioe Virginice: 



3786 Virginia— 1606 

And that also there shall be a Council, established here in England, 
which shall, in like manner, consist of thirteen Persons, to be, for 
that Purpose, appointed by Us, our Heirs and Successors, which shall 
be called our Council of Virginia; And shall, from time to time, have 
the superior Managing and Direction, only of and for all Matters 
that shall or may concern the Government, as well of the said several 
Colonies, as of and for any other Part or Place, within the aforesaid 
Precincts of four and thirty and five and forty Degrees abovemen- 
tioned ; AAHiich Council shall, in like manner, have a Seal, for Matters 
concerning the Council or Colonies, with the like Arms and Por- 
traiture, as aforesaid, with this inscription, engraven round about on 
the one Side; Slgilluin Regis Magna' Britannice, Francia', d; Hiher- 
nice; and round about on the other Side, P?'o Concilio fuo Virginian 

And moreover, we do Grant and agree, for Us, our Heirs and Suc- 
cessors ; that that the said several Councils of and for the said several 
Colonies, shall and lawfully may, by Virtue hereof, from time to time, 
without any Interruption of Us, our Heirs or Successors, give and 
take Order, to dig, mine, and search for all Manner of Mines of 
Gold, Silver, and Copper, as well within any Part of their said sev- 
eral Colonies, as of the said main Lands on the Backside of the same 
Colonies; And to Have and enjoy the Gold, Silver, and Copper, to 
be gotten thereof, to the Use and Behoof of the same Colonies, and 
the Plantations thereof; Yielding therefore to Us, our Heirs and 
Successors, the fifth Part only of all the same Gold and Silver, and 
the fifteenth Part of all the same Copper, so to be gotten or had, as 
is aforesaid, without any other Manner of Profit or Account, to be 
given or yielded to Us, our Heirs, or Successors, for or in Respect 
of the same : 

And that they shall, or lawfully may, establish and cause to be 
made a Coin, to pass current there between the people of those sev- 
eral Colonies, for the more Ease of Traffick and Bargaining between 
and amongst them and the Natives there, of such Metal, and in such 
Manner and Form, as the said several Councils there shall limit 
and appoint. 

And we do likewise, for Us, our Heirs, and Successors, by these 
Presents, give full Power and Authority to the said Sir Thomas 
Gates, Sir George Somers, Richard Hackltiit, Edvmrd-Maria Wing- 
fleld, Thomas Hanham, Ralegh Gilbert, William Parher, and George 
Popham, and to every of them, and to the said several Companies, 
Plantations, and Colonies, that they, and ever}'' of them, shall and 
may, at all and every time and times hereafter, have, take, and lead 
an the said Voyage, and for and towards the said several Planta- 
tions, and Colonies, and to travel thitherward, and to abide and 
inhabit there, in every the said Colonies and Plantations, such and so 
many of our Subjects, as shall willingly accompany them or any 
of them, in the said Voyages and Plantations; With sufficient Ship- 
ping, and Furniture of Armour, Weapons, Ordinance, Powder, Vict- 
ual, and all other things, necessary for the said Plantations, and for 
their Use and Defence there : Provided always, that none of the said 
Persons be such, as shall hereafter be specially restrained by Us, 
our Heirs, or Successors. 

Moreover, we do, by these Presents, for Us, our Heirs, and Succes- 
sors, Give and grant Licence unto the said Sir Thomas Gates, Sir 



Virginia— J 606 3787 

George Sorrhers^ Richard Hackluit^ Edward-Maria Wingfleld^ Thomas 
Hanham^ Ralegh Gilbert^ William Parker^ and George Pofham^ and 
to every of the said Colonies, that they, and every of them, shall and 
may, from time to time, and at all times forever hereafter, for their 
several Defences, encounter, expulse, repel, and resist, as well by Sea 
as by Land, by all Ways and Means whatsoever, all and every such 
Person or Persons, as without the especial Licence of the said several 
Colonies and Plantations, shall attempt to inhabit within the said 
several Precincts and Limits of the said several Colonies and Planta- 
tions, or any of them, or that shall enterprise or attempt, at any time 
hereafter, the Hurt, Detriment, or Annoyance, of the said several 
Colonies or Plantations : 

Giving and granting, by these Presents, unto the said Sir ThoTnas 
Gates^ Sir George Soniers, Richard HacMuit^ Edward-Maria Wing- 
field, ThomMS Hanharn, Ralegh Gilbert; William Parker, and George 
Thomas Haham, Ralegh Gilbert, William Parker, and George Pop- 
ham, and their Associates of the said second Colony, and to every of 
them, from time, to time, and at all times for ever hereafter. Power 
and Authority to take and surprise, by all Ways and Means whatso- 
ever, all and everv Person and Persons, with their Ships, Vessels, 
Goods, and other Furniture, which shall be found trafficking, into any 
Harbour or Harbours, Creek or Creeks, or Place, within the Limits 
or Precincts of the said several Colonies and Plantations, not being 
of the same Colony, until such time, as they, being of any Realms, 
or Dominions under our Obedience, shall pay, or agree to pay, to the 
Hands of the Treasurer of that Colony, within whose Limits and Pre- 
cincts they shall so traffick, two and a half u]Don every Hundred, of 
any thing so by them trafficked, bought, or sold ; And being Strangers, 
and not Subjects under our Obeysance, until they shall pay five upon 
every Hundred, of such Wares and Merchandises, as they shall 
traffick, buy, or sell, within the Precincts of the said several Colonies, 
wherein they shall so traffick, buy, or sell, as aforesaid ; Which Sums 
of Money, or Benefit, as aforesaid, for and during the Space of one 
and twenty Years, next ensuing the Date hereof, shall be wholly 
emploied to the Use, Benefit, and Behoof of the said several Planta- 
tions, where such Traffick shall be made; And after the said one and 
twenty Years ended, the same shall be taken to the Use of Us, our 
Heires, and Successors, by such Officers and Ministers as by Us, our 
Heirs, and Successors, shall be thereunto assigned or appointed. 

And we do further, by these Presents, for Us, our Heirs and Suc- 
cessors, Give and grant unto the said Sir Thomas Gates^ Sir George 
Somers, Richard Tlackluit^ and Edward-Maria Wingfleld, and to 
their Associates of the said first Colonj^ and Plantation, and to the 
said Thomas Ilartham,, Ralegh Gilbert, William Parker^ and George 
Popham^ and their Associates of the said second Colony and Planta- 
tion, that they, and every of them, by their Deputies, Ministers, and 
Factors, may transport the Goods, Chattels, Armour, Munition, and 
Furniture, needful to l)e used by them, for their said Apparel. Food, 
Defence, or otherwise in Respect of the said Plantations, out of our 
Realms of England and Ireland, and all other our Dominions, from 
time to time, for and during the Time of seven Years, next ensuing 
the Date hereof, for the better Relief of the buid several Colonies and 



3788 Virginia— 1606 

Plantations, without any Customs, Subsidy, or other Duty, unto Us, 
our Heirs, or Successors, to be yielded or j)ayed for the same. 

Also we do, for Us, our Heirs, and Successors, Declare, by these 
Presents, that all and every the Persons being our Subjects, which 
shall dwell and inhabit within every or any of the said several Col- 
onies and Plantations, and every of their children, which shall happen 
to be born within any of the Limits and Precincts of the said several 
Colonies and Plantations, shall have and enjoy all Liberties, Fran- 
chises, and Immunities, within any of our other Dominions, to all 
Intents and Purposes, as if they had been abiding and born, within 
this our Realm of England^ or am^ other of our said Dominions. 

Moreover, our gracious Will and Pleasure is, and we do, by these 
Presents, for Us, our Heirs, and Successors, declare and set forth, 
that if any Person or Persons, which shall be of any of the said 
Colonies and Plantations, or any other, which shall traffick to the said 
Colonies and Plantations, or any of them, shall, at any time or times 
hereafter, transport any Wares, ]\Ierchandises, or Commodities, out 
of any of our Dominions, with a Pretence to land, sell, or otherwise 
dispose of the same, within any the Limits and Precincts of any of 
the said Colonies and Plantations, and yet nevertheless, being at Sea, 
or after he hath landed the same within any of the said Colonies and 
Plantations, shall carr}'^ the same into any other Foreign Country, 
with a Purpose there to sell or dispose of the same, without the 
Licence of Us, our Heirs, and Successors, in that Behalf first had 
and obtained; That then, all the Goods and Chattels of such Person 
or Persons, so offending and transporting, together with the said 
Ship or Vessel, wherein such Transportation was made, shall be for- 
feited to Us, our Heirs, and Successors. 

Provided always, and our Will and Pleasure is, and we do hereby 
declare to all Christian Kings, Princes, and States, that if any Person 
or Persons which shall hereafter be of any of the said several Col- 
onies and Plantations, or any other, by his, their, or any of their 
Licence and Appointment, shall, at any Time or Times hereafter, 
rob or spoil, by Sea or Land, or do any Act of unjust and unlawful 
Hostility to any the Subjects of Us, our Heirs, or Successors, or any 
the Subjects of any King, Prince, Ruler, Governor, or State, being 
then in League or Amitie with Us, our Heirs, or Successors, and that 
upon such Injury, or upon just Complaint of such Prince, Ruler, 
Governor, or State, or their Subjects, We, our Heirs, or Successors, 
shall make open Proclamation, within any of the Ports of our Realm 
of England., commodious for that purpose. That the said Person or 
Persons, having committed any such robbery, or Spoil, shall, within 
the term to be limited by such Proclamations, make full Restitution 
or Satisfaction of all such Injuries done, so as the said Princes, or 
others so complaining, may hold themselves fully satisfied and con- 
tented; And, that if the said Person or Persons, having committed 
such Robery or Spoil, shall not make, or cause to be made Satisfac- 
tion accordingly, within such Time so to be limited, That then it 
shall be lawful to Us, our Heirs, and Successors, to put the said 
Person or Persons, having committed such Robbery or Spoil, and 
their Procurers, Abettors, and Comforters, out of our Allegiance and 
Protection ; And that it shall be lawful and free, for all Princes, and 



Virginia— 1606 3789 

others to pursue with hostility the said offenders, and every of them, 
and their and every of their Procurers, Aiders, abettors, and com- 
forters, in that behalf. 

And finally, we do for Us, our Heirs, and Successors, Grant and 
agree, to and with the said Sir Thomas Gates ^ Sir George Sorners, 
Richard Hackluit, Edward-Maria Wing-field^ and all others of the 
said first colony, that We, our Heirs and Successors, upon Petition 
in that Behalf to be made, shall, by Letters Patent under the Great 
Seal of England^ Give and Grant, unto such Persons, their Heirs and 
Assigns, as the Council of that Colony, or the most part of them, 
shall, for that Purpose, nominate and assign all the lands, Tenements, 
and Hereditaments, which shall be within the Precincts limited for 
that Colony, as is aforesaid. To be holden of Us, our heirs and 
Successors, as of our Manor at East-Greenwich, in the County of 
Kent, in free and common Soccage only, and not in Capite : 

And do in like Manner, Grant and Agree, for Us, our Heirs and 
Successors, to and with the said Thomas Hanham, Ralegh Gilbert, 
William Parher, and George Popham, and ail others of the said sec- 
ond Colony, That We, our Heirs, and Successors, upon Petition in 
that Behalf to be made, shall, by Letters-Patent, under the Great 
Seal of England, Give and (trant, unto such Persons, their Heirs 
and Assigns, as the Council of that Colony, or the most Part of them, 
shall for that Purpose nominate and assign, all the Lands, Tenements, 
and Hereditaments, which shall be within the Precincts limited for 
that Colony, as is aforesaid. To be holden of Us, our Heires, and 
Successors, as of our Manor of East-Greemvich, in the County of 
Kent, in free and common Soccage only, and not in Capite. 

All which Lands, Tenements, and Hereditaments, so to be passed 
by the said several Letters-Patent, shall be sufficient Assurance from 
the said Patentees, so distributed and divided amongst the Under- 
takers for the Plantation of the said several Colonies, and such as 
shall make their Plantations in either of the said several Colonies, in 
such Manner and Form, and for such Estates, as shall be ordered and 
set down by the Council of the said Colony, or the most part of them, 
respectively, within which the same Lands, Tenements, and Heredita- 
ments shall lye or be; Although express Mention of the true yearly 
Value or Certainty of the Premises, or any of them, or of any other 
Gifts or Grants, by Us or any of our Progenitors or Predecessors, to 
the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Rich- 
ard HacMuit, Edward-Maria Wingfield, Thomas Hanham, Ralegh 
Gilbert, William Parker, and George Popham, or any of them, here- 
tofore made, in these Presents, is not made; Or any Statute, Act, 
Ordinance, or Provision, Proclamation, or Pestraint, to the contrary 
hereof had, made, ordained, or any other Thing, Cause, or Matter 
whatsoever, in any wise notwithstanding. In Witness whereof, we 
have caused these our Letters to be made Patent ; Witness Ourself at 
Westminster, the tenth Day of April, in the fourth Year of our Reign 
of England, France, and Ireland, and of Scotland the nine and 
thirtieth. 

LUKIN 

Per breve de privato Sigillo. 



3790 Virginia— 1609 

THE SECOND CHARTER OF VIRGINIA— 1609 * 

James, b}^ the Grace of God, King of England, Scotland, France, 
and Ireland, Defender of the Faith, &c. To all, to whom these Pres- 
ents shall come. Greeting. Whereas, at the humble Suit and Request 
of sundry our loving and well-disposed Subjects, intending to deduce 
a Colony, and to make Habitation and Plantation of sundry our 
People in that Part of America, commonly called Virginia, and other 
Parts and Territories in America, eitlier appertaining unto Us, or 
which are not actually possessed of any Christian Prince or People, 
Avithin certain Bounds and Regions, We have formerly, by our Let- 
ters-patents, bearing Date the tenth Day of April, in the fourth Year 
of our Reign of England, France, and Ireland, and of Scotland the 
nine and thirtieth. Granted to Sir Tliomas Gates, Sir George Somers, 
and others, for the more speedy Accomplishment of the said Planta- 
tion and Habitation, that tliey should divide themselves into two 
Colonies (the one consisting of divers Knights, Gentlemen, Mer- 
chants, and others, of our City of London, called the First Colony; 
And the other consisting of divers Knights, Gentlemen, and others, 
of our Cities of Bristol, Exeter, and Town of Pliniouth, and other 
Places, called the Second Colony). And have yielded and granted 
many and sundry Privileges and Liberties to each Colony, for their 
quiet settling and good Government therein, as by the said Letters- 
patents more at large a])])earetli : 

Xow, forasmuch as divers and sundr}^ of our loving Subjects, as 
well Adventurers, as Phinters, of the said first Colony, which have 
already engaged themselves in furthering the Business of the said 
Colony and Plantation, and do further intend, by the Assistance of 
Almighty God, to prosecute the same to a happy End, have of late 
been humble Suitors unto Us, that (in Respect of their great Charges 
and the Adventure of many of their Lives, which they have hazarded 
in the said Discovery and Plantation of the said Country) We should 
be pleased to grant them a further Enlargement and Explanation of 
the said Grant, Privileges, and Liberties, and that such Counsellors, 
and other Officers, may be appointed amongst them, to manage and 
direct their Affairs, as are willing and ready to adventure with them, 
as also whose Dwellings are not so far remote from the City of 
London, but they may, at convenient Times, be ready at Hand, to give 
their Advice and Assistance, upon all Occasions requisite. 

We greatly affecting the effectual Prosecution and happy success 
of the said Plantation, and commending their good desires therein, 
for their further Encouragement in accomplishing so excellent a 
Work, much pleasing to (Jod, and profitable to our Kingdom, do of 
our especial Grace, and certain Knowledge, and mere Motion, for 
Us, our Heirs, and Successors, Give, Grant, and Confirm, to our 
trusty and well beloved Subjects, Robert, Earl of Salisbury, Thomas, 
Earl of Suffolk, Henry, Earl of Southampton, William, Earl of 
Pembroke, Henry, Earl of Lincoln, Earl of Dorset, Thomas, Earl of 
Exeter, Philip, Earl of Montgomery, Robert, Lord Viscount Lisle, 
Theophilus, Lord Howard of Walden, James Montague, Lord Bishop 
of Bath and Wells, Edward, Lord Zouche, Thomas, Lord LaAvarr, 

* Hening's Statutes of Virginia, I. 80-98 



Virginia— 1609 3791 

William, Lord Mounteagle, Ealph, Lord Ewre, Edmond, Lord Shef- 
field, Grey, Lord Chandois, Lord Compton, John, Lord Petre, John, 
Lord Stanhope, George, Lord Carew, Sir Humphry AVeld, Lord 
Mayor of London, George Piercy, Esq. Sir Edward Cecil, Knt. 
Sir George Wharton, Knt. Francis West, Esq. Sir William Wade, 
Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver 
Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt. Sir 
Peter Scott, Knt. Sir Thomas Challoner, Knt. Sir Eobert Drury, 
Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward 
Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt. 
Sir Robert Maunsel, Knt. Sir Amias Preston, Knt. Sir Thomas 
Gates, Knt. Sir Anthony Ashley, Knt. Sir Michael Sandys, Knt. 
Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir Callisthenes 
Brooke, Knt. Sir Edward Michelborn, Knt. Sir John Ratcliffe, Knt. 
Sir Wilmot, Knt. Sir George Moore, Knt. Sir Hugh Wiral, Knt. 
Sir Thomas Dennis, Knt. Sir John Holies, Knt. Sir William Godol- 
phin, Knt. Sir Thomas Monson, Knt. Sir Thomas Ridgwine, Knt. 
Sir John Brooke, Knt. Sir Robert Killigrew, Knt. Sir Henry Peyton, 
Knt. Sir Richard Williamson, Knt. Sir Ferdinando Weynman, Knt. 
Sir William St. John, Knt. Sir Thomas Holcroft, Knt. Sir John 
Mallory, Knt. Sir Roger Ashton, Knt. Sir AValter Cope, Knt. Sir 
Richard Wigmore, Knt. Sir William Cocke, Knt. Sir Herbert Crofte, 
Knt. Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis 
AVollej^, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seckford, 
Knt. Sir Edwin Sandys, Knt. Sir Thomas Waynam, Knt. Sir John 
Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth, Knt. 
Sir John Townshend, Knt. Sir Christopher Perkins, Knt. Sir Daniel 
Dun, Knt. Sir Henry Hobert, Knt. Sir Francis Bacon, Knt. Sir 
Henry Montague, Knt. Sir George Coppin, Knt. Sir Samuel Sandys, 
Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Thomas 
Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt. 
Sir Baptist Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey, 
Knt. Sir William Romney, Knt. Sir Thomas Middleton, Knt. Sir 
Hatton Cheeke, Knt. Sir John Ogle, Knt. Sir Cavellero Meycot, 
Knt. Sir Stephen Riddleson, Knt. Sir Thomas Bludder, Knt. Sir 
Anthony Aucher, Knt. Sir Robert Johnson, Knt. Sir Thomas Pan- 
ton, Knt. Sir Charles Morgan, Knt. Sir Stephen Pole, Knt. Sir John 
Burlacie, Knt. Sir Christopher Cleave, Knt. Sir George Hayward, 
Knt. Sir Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony 
Forrest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir 
Dudley Digges, Knt. Sir FoAvland Cotton, Knt. Dr. Matthew Sut- 
cliffe. Dr. Meadows, Dr. Turner, Dr. Poe, Captain Pagnam, Captain 
Jeffrey Holcrofte, Captain Romney, Captain Henry Spry, Captain 
Shelton, Captain Sparks, Captain Thomas Wyat, Captain Brinsley, 
Captain William Courtney, Captain Herbert, Captain Clarke, Cap- 
tain Dewhurst, Captain John Blundell, Captain Fryer, Captain 
Lewis Orwell, Captain Edward Lloyd, Captain Slingsby, Captain 
Hawley, Captain Orme, Captain Woodhouse, Captain Mason, Ca])- 
tain Thomas Holcroft, Captain John Coke, Captain Holies, Captain 
William Proud, Captain Henry Woodftouse, Captain Richard Linde- 
sey. Captain Dexter, Captain William Winter, Captain Pearse, Cap- 
tain John Bingham, Captain Burray, Captain Thomas Conway. 
Captain Rockwood, Captain William Lovelace, Captain John Ashley, 
Captain Thomas Wynne, Captain Thomas Mewtis, Captain Edward 



3792 Virginia— 1609 

Harwood, Captain Michael Everard, Captain Comock, Captain Mills, 
Captain Pigot, Captain Edward-Maria Wingfield, Captain Christo- 
pher Newport, Captain John Sicklemore, alias Ratcliffe, Captain 
John Smith, Cajjtain John Martin, Captain Peter Wynne, Captain 
AValdo, Captain Thomas Wood, Captain Thomas Button, George 
Bolls, Esq. Sheriff of London, William Crashaw, Clerk, Batchelor of 
Divinity, William Seabright, Esq. Christopher Brooke, Esq. John 
Bingley, Esq. Thomas Watson, Esq. Eichard Percival, Esq. John 
Moore, Esq. Hugh Broker, Esq. David Woodhouse, Esq. Anthony 
Aucher, Esq. Robert Boyer, Esq. Ralph E^vens, Esq. Zachary Jones, 
Esq. George Cah^ert, Esq. William Dobson, Esq. Henry Reynolds, 
Esq. Thomas Walker, Esq. Anthony Barnars, Esq. Thomas Sandys, 
Esq. Henry Sandys, Esq. Richard Sandys, Esq. Son of Sir Edwin 
Sandys, William Oxenbridge, Esq. John J^Ioore, Esq. Thomas Wilson, 
Esq. John Bullock. Esq. John Waller, Esq. Thomas Webb, Jehu 
Robinson, William Brewster. Robert Evelyn, Plenry Danby, Rich- 
ard Hackluit, Minister, John Eldrid, Merchant, William Russel, Mer- 
chant, John Merrick, Merchant, Richard Banister, Merchant, Charles 
Anthony, Goldsmith, John Banks, William Evans, Richard Humble, 
Richard Chamberlayne, Merchant, Thomas Barber, Merchant, Rich- 
ard Pomet, Merchant, John Fletcher, Merchant, Thomas Nicholls, 
Merchant, John Stoke, Merchant, Gabriel Archer, Francis Covel, 
William Bonham, EdAvard Harrison, John Wostenholme, Nicholas 
Salter, Hugh Evans, William Barnes, Otho Mawdet, Richard Staper, 
Merchant, John Elkin, ]\Ierchant, William Coyse, Thomas Perkin, 
Cooper, Humphrey James, Cooper, Henry Jackson, Robert Single- 
ton, Christopher Nicholls, John Harper, Abraham Chamberlayne, 
Thomas Shipton, Thomas Carj^enter, Anthony Crew, George Hol- 
man, Robert Hill, Cleophas Smith, Ralph Harrison, John Farmer, 
James Brearly, William Crosby, Richard Cox, John Gearing, Rich- 
ard Strongarm, Ironmongers, Thomas Langton, Griffith Hinton, 
Richard Ironside, Richard Dean, Richard Turner, William Lawson, 
Mercer, James Chatfield, Edward Allen Tedder, Robert Hildebrand 
Sprinson, Arthur ]Mouse, John Gardiner, James Russell, Richard 
Caswell, Richard Evans, John Hawkins, Richard Kerril, Richard 
Brooke, Matthew Screvener, Gentleman, AVilliam Stallenge, Gentle- 
man, Arthur Venn, Gentleman, Sandys Webbe, Gentleman, Michael 
Phetiplace, Gentleman, William Phetiplace, Gentleman, Ambrose 
Prusey, Gentleman, John Taverner, Gentleman, George Pretty, Gen- 
tleman, Peter Latham, Gentleman. Thomas Montford, Gentleman, 
William Centrel, Gentleman, Richard Wiffin, Gentleman, Ralph 
Moreton, Gentleman, John Cornelius, Martin Freeman, Ralph Free- 
man, Andrew Moore. Thomas AAHiite, Edward Perkin, Robert Offley, 
Thomas AVhitley, George Pit, Robert Parkhurst, Thomas Morris, 
Peter Harloe, Jeffry Duppa, John Gilbert, William Hancock. Mat- 
thew Brown, Francis Tyrrel, Randolph Carter, Othowell Smith. 
Thomas Hammond, Martin Bond, Haberdasher, John Moulsoe, 
Robert Johnson, Wiliam Young, John Woodal, William Felgate, 
Ilumfrey Westwood, Richard Champion, Henry Robinson, Francis 
Mapes, William Sambach, Ralegh Crashaw, Daniel Tucker, Thomas 
Grave, Hugh Willeston, Thomas Culpepper, of Wigsel, Esq. John 
Culpepper, Gentleman, Henry Lee, Josias Kerton, Gentleman, John 
Pory, Gentleman, Henry Collins, George Burton, William Atkin- 
son,' Thomas Forest, John Russel, John Holt, Harman Harrison. 



Virginia— 1609 3793 

Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward 
Fleetwood, Gentleman, Richard Rogers, Gentleman, Arthur Robin- 
son, Robert Robinson, John Huntley, John Gray, William Payne, 
William Field, William Wattey, William Webster, John Dingley, 
Thomas Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William 
More, Nicholas Gryce, James Monger, Nicholas Andrews, Jeremy 
Haydon, Ironmonger, Philip Durette, John Quarles, John West, 
Matthew Springham, John Johnson, Christopher Hore, Thomas 
Snead, George Berkeley, Arthur Pet, Thomas Careles, William 
Berkley, Thomas Johnson, Alexander Bents, Captain William King, 
George Sandys, Gentleman, James Wliite, Gentleman, Edmond 
Wynne, Charles Towlar, Richard Reynold, Edward Webb, Richard 
Maplesden, Thomas Lever, David Bourne, Thomas Wood, Ralph 
Hamer, Edward Barnes, Mercer, John Wright, Mercer, Robert Mid- 
dleton, Edward Littlefield, Katharine West, Thomas Web, Ralph 
King, Robert Coppin, James Askew, Christopher Holt, William 
Bardwell, Alexander Chiles, Lewis Tate, Edward Ditchfield, James 
Swifte, Richard Widdowes, goldsmith, Edmond Brudenell, Edward 
Burwell, John Hansford, Edward Wooller, William Palmer, haber- 
dasher, John Badger, John Hodgson, Peter Mounsel, John Carril, 
John Bushride, William Dun, Thomas Johnson, Nicholas Benson, 
Thomas Shipton, Nathaniel Wade, Randal Wetwood, Matthew De- 
quester, Charles Hawkins, Hugh Hammersley, Abraham Cartwright, 
George Bennet, William Cater, Richard Goddard, Henry Cromwell, 
Phineas Pet, Robert Cooper, John Cooper, Henry Newce, Edward 
Wilkes, Robert Bateman, Nicholas Farrar, John Hewhouse, John Ca- 
son, Thomas Harris, Gentleman, George Etheridge, Gentleman, 
Thomas Mayle, Gentleman, Richard Stafford, Thomas , Rich- 

ard Cooper, John Westrow, Edward Welch, Thomas Britain, Thomas 
Knowles, Octavian Thorne, Edmond Smith, John March, Edward 
Carew, Thomas Pleydall, Richard Let, Miles Palmer, Henry Price, 
John Joshua, Gentleman, William Clauday, Jeremy Pearsye, John 
Bree, Gentleman, William Hampson, Christopher Pickford, Thomas 
Hunt, Thomas Truston, Christopher Salmon, John Howard, clerk, 
Richard Partridge, Allen Cassen, Felix Wilson, Thomas Bathurst, 
George Wilmer, Andrew Wilmer, Maurice Lewellin, Thomas God- 
win, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert 
Smith, Merchant Taylor, Edward Cage, grocer, Thomas Cannon, 
Gentleman, AVilliam Welby, stationer, Clement Wilmer, Gentleman, 
John Clapham, Gentleman, Giles Francis, Gentleman, George 
Walker, sadler, John Swinhow, stationer, Edward Bishop, stationer, 
Leonard White, Gentleman, Christopher Baron, Peter Benson, Rich- 
ard Smith, George Proctor, minister, Millicent Ramsdent, widow, 
Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton, 
John Davis, Edward Facet, George Newce, Gentleman, John Rob- 
inson, Captain Thomas Wood, William Brown, shoemaker, Robert 
Barker, shoemaker, Robert Pennington, Francis Burley, minister, 
William Quick, grocer, Edward Lewis, gTocer, Laurence Campe, 
draper, Aden Perkins, grocer, Richard Shepherd, preacher, William 
Sherley, haberdasher, William Taylor, haberdasher, Edwin Lukin, 
Gentleman, John Franklyn, haberdasher, John Southwick, Peter 
Peate, George Johan, ironmonger, George Yeardley, Gentleman, 
Henry Shelly, John Prat, Thomas Church, draper, William Powel, 



3794 Virginia— 1609 

Gentleman, Richard Frith, Gentleman, Thomas "Wheeler, draper, 
Francis Haslerig, Gentleman, Hugh Shipley, Gentleman, John An- 
drews, the Elder, Doctor of Camhridge^ Francis "NA^iistler, Gentleman, 
Jhon Vassal, Gentleman, Richard Howie, Edward Berkeley, Gen- 
tleman, Richard Keneridgburg-, Gentleman, Nicholas Exton, draper, 
William Bennet, fishmonger, James Haywood, Merchant, Nicholas 
Isaac, Merchant, William Gibbs, Merchant, Bishop, Bernard 

Mitchel, Isaac Mitchel, John Streate, Edward Gall, John Martin, 
Gentleman, Thomas Fox, Lnke Lodge, John Woodliffe, Gentleman, 
Richard Webb, Vincent Loav, Samnel Burnham, Edmund Pears, 
haberdasher, John Googe, John St. John, Edward Vaughan, William 
Dunn, Thomas Alcocke, John Andrews, the younger, of Camhridge, 
Samuel Smith, Thomas Gerrard, Thomas Whittingham, William 
Canning, Paul Canning, George Chandler, Henry Vincent, Thomas 
Ketley, James Skelton, James ISIountaine, George Webb, gentleman, 
Joseph Newbridge, smith, Josiah Mand, Captain Ralph Hamer, the 
younger, Edward Brewster, the son of William Brewster, Leonard 
Harwood, mercer, Philip Druerdent, William Carpenter, Tristian 
Hill, Robert Cock, grocer, Laurence Grecie, gi'ocer, Samuel Winch, 
grocer, Humphry Stile, grocer, Avern Dransfield, grocer, Edward 
Hodges, grocer, Edward Beale, grocer, Thomas Culler, grocer, Ralph 
Busby, grocer, John Whittingham, grocer, John Hide, grocer, Mat- 
thew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker, 
grocer, Lawrence Munks, grocer, John Tanner, grocer, Peter Gate, 
grocer, John Blunt, gi'ocer, Robert Phipps, grocer, Robert Berrisford, 
grocer, Thomas Wells, grocer, John Ellis, grocer, Henry Colthurst, 
grocer, John Cavady, grocer, Thomas Jennings, grocer, Edmond 
Baseball, gi'ocer, Timothy Bathurst, grocer, Giles Parslow, grocer, 
Robert Milmay, grocer, Richard Johnson, grocer, William Johnson, 
vintner, Ezekiel Smith, Richard Martin, William Sharpe, Robert 
Rich, William Stannard, innholder, John Stocken, William Strachey. 
gentleman, George Farmer, gentleman, Thomas Gypes, cloth-worker, 
Abraham Davies, gentleman, Thomas Brocket, gentleman, George 
Bache, fishmonger, John Dike, fishmonger, Henry Spranger, Richard 
Farrington, Christopher Vertue, vintner, Thomas Bayley, vintner, 
George Robins, vintner, Tobias Hinson, grocer, Vrian Spencer, 
Clement Chickeley, John Scarpe, gentleman, James Campbell, iron- 
monger. Christian Clitheroe, ironmonger, Philip Jacobson, Peter 
Jacobson, of Antwer]:), William Berkeley, Miles Banks, cutler, Peter 
Higgons, grocer, Henry John, gentleman, John Stokley, merchant 
taylor, the Company of Mercers, the Company of Grocers, the Com- 
pany of Drapers, the Company of Fishmongers, the Company of 
Goldsmiths, the Company of Skinners, the Company of Merchant- 
Taylors, the Company of Haberdashers, the Company of Salters, 
the Company of Ironmongers, the Company of Vintners, the Com- 
pany of Clothworkers, the Company of Dyers, the Company of 
Brewers, the Company of Leathersellers, the Company of Pewterers. 
the Company of Cutlers, the Company of Whitebakers, the Company 
of Wax-Chandlers, the Company of Tallow-Chandlers, the Company 
of Armourers, the Company of Girdlers, the Company of Butchers, 
the Company of Sadlers, the Company of Carpenters, the Company 
of Cordwaynes, the Company of Barber-Chirurgeons, the Company 
of Paintstainers, the Company of Curriers, the Company of Masons, 
the Company of Plumbers, the Company of Innholders, the Com- 



Virginia^WOO 3795 

pany of Foiinders, the Company of Poulterers, the Company of 
Cooks, the Company of Coopers, the Company of Tylers and Brick- 
layers, the Company of Boyers, the Company of Fletchers, the Com- 
pany of Blacksmiths, the Company of Joiners, the Company of 
Weavers, the Company of Woolmen, the Company of Woodmongers, 
the Company of Scriveners, the Company of Fruiterers, the Company 
of Plasterers, the Company of Brownbakers, the Company of Sta- 
tioners, the Company of Imbroiderers, the Company of Upholsterers, 
the Company of Musicians, the Company of Turners, the Company 
of Gardners, the Company of Basketmakers, the Company of 
Glaziers, John Levet, Merchant, Thomas Nornicot, clothworker, Rich- 
ard Venn, haberdasher, Thomas Scott, gentleman, Thomas Juxon, 
merchant-taylor, George Hankinson, Thomas Seyer, gentleman, Mat- 
thew Cooper, George Battler, gentleman, Thomas Lawson, gentle- 
man, Edward Smith, haberdasher, Stephen Sparrow, John Jones, 
merchant, Reynolds, Brewer, Thomas Plummer, merchant, 

Jame Duppa, brewer, Rowland Coitmore, William Southerne, George 
^^Tiitmore, haberdasher, Anthony Gosnold, the younger, John Allen, 
fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gentleman, 
John Hopkins, alderman of Bristol^ John Kettleby, gentleman, Rich- 
ard Clene, goldsmith, George Hooker, gentleman, Robert Chening, 
yeoman, and to such and so many as they do, or shall hereafter admit 
to be joined with them, in the form hereafter in these presents ex- 
pressed, whether they go in their Persons to be Planters there in the 
said Plantation, or whether they go not, but adventure their monies, 
goods, or Chatties, that they shall be one Body or Commonalty per- 
petual, and shall have perpetual Succession and one common Seal to 
serve for the said Body or Commonalty, and that they and their Suc- 
cessors shall be known, called, and incorporated by the Name of The 
Treasurer and Co'mpany of Adventurers and Planters of the City of 
London^ for the first Colony in Virginia. 

And that they and their Successors shall be from henceforth for- 
ever enabled to take, acquire, and purchase by the Name aforesaid 
(Licence for the same from Us, our Heirs, and Successors, first had 
and obtained) any Manner of Lands, Tenements, and Hereditaments, 
Goods and Chatties, within our Realm of England, and Dominion of 
Wales. 

And that they, and their Successors, shall likewise be enabled by 
the Name aforesaid, to plead and be impleaded, before any of our 
Judges or Justices in any of our Courts, and in any Actions or Suits 
whatsoever. 

And we. do also of our special Grace, certain Knowledge, and mere 
Motion, give, grant and confirm, unto the said Treasurer and Com- 
pany, and their Successors, under the Reservations, Limitations, and 
Declarations hereafter expressed, all those Lands, Countries, and 
Territories, situate, lying, and being in that Part of America., called 
Virginia., from the Point of Land, called Cape or Point Comfort^ all 
along the Sea Coast to the Northward, two hundred miles, and from 
the said Point of Gape Comfort., all along the Sea Coast to the South- 
ward, two hundred Miles, and all that Space and Circuit of Land, 
lying from the Sea Coast of the Precinct aforesaid, up into the Land 
throughout from Sea to Sea, West and Northwest; And also all the 
Islands lying within one hundred Miles along the Coast of both Seas 
of the Precinct aforesaid; Together with all the Soils, Grounds, 



3796 Virginia— 1609 

Havens, and Ports, Mines, as well Royal Mines of Gold and Silver, 
as other Minerals, Pearls, and j^recious Stones, Quarries, Woods, 
Rivers, Waters, Fishings, Commodities, Jurisdictions, Royalties, 
Privileges, Franchises, and Preheminences within the said Terri- 
tories, and the Precincts thereof, whatsoever, and thereto, and there- 
abouts both by Sea and Land, being, or in any sort belonging or ap- 
pertaining, and which We, by our Letters Patents, may or can grant, 
in as ample Manner and Sort, as We, or any our noble Progenitors, 
have heretofore granted to any Company, Body Politic or Corporate, 
or to any Adventurer or Adventurers, Undertaker or Undertakers of 
any Discoveries, Plantations, or Traffic, of, in, or into any Foreign 
Parts whatsoever, and in as large and ample Manner, as if the same 
were herein particularly mentioned and expressed; To have and to 
HOLD, i^ossess and enjoy, all and singular the said Lands, Countries 
and Territories, with all and singular other the Premises heretofore 
by these Presents granted, or mentioned to be granted to them, the 
said Treasurer and Company, their Successors and Assigns forever; 
To the sole and j^roper Use of them, the said Treasurer and Company, 
their Successors and Assigns forever ; To be holden of Us, our Heirs 
and Successors, as of our Manor of East-Greenwich, in free and com- 
mon Soccage, and not in Capite; Yielding and paying therefore, to 
Us, our Heirs and Successors, the fifth Part only of all Ore of Gold 
and Silver, that from Time to Time, and at all Times hereafter, shall 
be there gotten, had, or obtained, for all Manner of Services. 

And nevertheless, our Will and Pleasure is, and we do by these 
Presents, charge and command, warrant and authorise, that the said 
Treasurer, and Company, or their Successors, or the major Part of 
them which shall be present and assembled for that Purpose, shall 
from Time to Time, under their common Seal, Distribute, convey, 
assign, and set over such particular Portions of Lands, Tenements, 
and Hereditaments, by these Presents formerly granted unto such 
our loving Subjects, naturally born, or Denizens, or others, as well 
Adventurers as Planters, as by the said Company (upon a Commis- 
sion of Survey and Distribution, executed and returned for that 
Purpose) shall be nominated, appointed, and allowed; \\Tierein our 
Will and Pleasure is, that Respect be had as well of the Proportion 
of the Adventurer, as to the special Service, Hazard, Exploit, or 
Merit of any Person so to be recompenced, advanced, or rewarded. 

And forasmuch as the good and prosperous Success of the said 
Plantation, cannot but chiefly depend next under the Blessing of 
God, and the Support of our Royal Authority, upon the provident 
and good Direction of the whole Enterprise, by a careful and under- 
standing Council, and that it is not convenient, that all the Adven- 
turers shall be so often drawn to meet and assemble, as shall be 
requisite for them to have Meetings and Conference about the Affairs 
thereof; Therefore we do ordain, establish and confirm, that there 
shall be perpetually one Council here resident, according to the 
Tenour of our former Letters-Patents; Which Council shall have a 
Seal for the better Government and Administration of the said Plan- 
tation, besides the legal Seal of the Company or Corporation, as in 
our former Letters-Patents is also expressed. 

And further, We establish and ordain. That Henry Earl of 
Southampton, William Earl of Pembroke, Henry Earl of Lincoln, 
Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord The- 



Virginia— 1609 3797 

ophillis Howard, James, Lord Bishop of Bath and Wells, Lord Ed- 
ward Zouche, Thomas Lord Lawarr, William, Lord Moimteagle, Ed- 
mund, Lord Sheffield, Gray, Lord Chandois, John, Lord Stanhope, 
George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London, 
Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas 
Smith, Sir Oliver Cromwell, Sir Peter Manwood, Sir Thomas Chal- 
loner. Sir Henry Hobert, Sir Francis Bacon, Sir George Coppin, Sir 
John Scot, Sir Henry Carey, Sir Robert Drury, Sir Horatio Vere, 
Sir Edward Conway, Sir Maurice Berkeley, Sir Thomas Gates, Sir 
Michael Sandys, Sir Robert Mansell, Sir John Trevor, Sir Amias 
Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killi- 
grew. Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir 
Henry Montague, Sir William Romney, Sir Thomas Roe, Sir Baptist 
Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudley 
Digges, Christopher Brooke, Esq. John Eldred, and John Wolsten- 
holme shall be our Council for the said Company of Adventurers 
and Planters, in Virginia. 

And the said Thomas Smith, We do okdain to be Treasurer of the 
said Company ; which Treasurer shall have Authority to give Order 
for the Warning of the Council, and summoning the Company to 
their Courts and Meetings. 

And the said Council and Treasurer, or any of them shall be from 
henceforth nominated, chosen, continued, displaced, changed, altered 
and supplied, as Death, or other several Occasions shall require, out 
of the Company of the said Adventurers, by the Voice of the greater 
part of the said Company and Adventurers, in their Assembly for 
that Purpose: Provided always. That every Counsellor so newly 
elected, shall be presented to the Lord Chancellor of England, or to 
the Lord High Treasurer of England, or to the Lord Chamberlain of 
the Household of Us, our Heirs and Successors for the Time being, 
to take his Oath of a Counsellor to Us, our Heirs and Successors, for 
the said Company of Adventurers and Colony in Virginia. And we 
do by these Presents, of our special Grace, certain Knowledge, and 
mere Motion, for Us, our Heirs and Successors, grant unto the 
said Treasurer and Company, and their Successors, that if it happen 
at any Time or Times, the Treasurer for the Time being to be sick, 
or to have any such Cause of Absence from the City of London, 
as shall be allowed by the said Council, or the greater part of them 
assembled, so as he cannot attend the affairs of that Company, in 
every such Case, it shall and may be lawful for such Treasurer for 
the Time being, to assign, constitute, and appoint one of the Council, 
or Company, to be likewise allowed by the Council, or the gi-eater 
Part of them assembled, to be the Deputy Treasurer of the said Com- 
pany; Which Deputy shall have Power to do and execute all Things 
which belong to the said Treasurer, during such Time as such Treas- 
urer shall be either sick, or otherwise absent, upon Cause allowed 
of by the said Council, or the major Part of them, as aforesaid, so 
fully and wholly, and in as large and ample Manner and Form, to all 
Intents and Purposes, as the said Treasurer if he were present him- 
self, might or could do and execute the same. 

And further, of our special Grace, certain Knowledge, and mere 
Motion, for Us, our Heirs and Successors, we do, by these Presents, 
Give and Grant full Power and Authorit}^ to our said Council here 
resident, as well at this present time, as hereafter from time to time, 

7535— VOL 7—09 2 



3798 Virginia— 1609 

to nominate, make, constitute, ordain and confirm, by such Name or 
Names, Stiie or Stiles, as to them shall seem good, And likewise to 
revoke, discharge, change, and alter, as well all and singular Gov- 
ernors, Officers, and Ministers, which already have been made, as 
also which hereafter shall be by them thought fit and needful to be 
made or used for the Government of the said Colony and Plantation : 

And also to make, ordain, and establish all Manner of Orders, 
Laws, Directions, Instructions, Forms and Ceremonies of Govern- 
ment and Magistracy, fit and necessary for and concerning the Gov- 
ernment of the said Colony and Plantation; And the same, at all 
Times hereafter, to abrogate, revoke, or change, not only within the 
Precincts of the said Colony, but also upon the Seas, in going and 
coming to and from the said Colony, as they in their good Discretion, 
shall think to be fittest for the Good of the Adventurers and inhabit- 
ants there. 

And we do also declare, that for divers Reasons and Considera- 
tions, Us thereunto especially moving, our Will and Pleasure is, and 
We do hereby ordain, that immediately from and after such Time as 
any such Governor or principal Officer, so to be nominated and 
appointed by our said Council, for the Government of the said Colony 
as aforesaid, shall arrive in Virginia., and give Notice unto the 
Colony there resident, of our pleasure in this Behalf, the Government 
Power and Authority of the President and Council heretofore by our 
former Letters-patents there established, and all Laws and Constitu- 
tions by them formerly made shall utterly cease and be determined; 
And all Officers, Governors, and Ministers formerly constituted and 
appointed, shall be discharged, anything in our former Letters-patents 
concerning the said Plantation contained in any wise to the contrary 
notwithstanding; Straightly charging and commanding the Presi- 
dent and Council now resident in the said Colony upon their Allegi- 
ance, after Knowledge given unto them of our Will and Pleasure by 
these presents signified and declared that they forthwith be obedient 
to such Governor or Governors as by our said Council here resident 
shall be named and appointed as aforesaid, and to all -Directions, 
Orders and Commandments which they shall receive from them, as 
well in the present resigning and giving up of their Authority, 
Offices, Charge and Places, as in all other Attendance as shall be by 
them from time to time required. 

And we do further by these presents Ordain and establish, that 
the said Treasurer and Council here resident, and their successors or 
any four of them being assembled (the Treasurer being one) shall 
from time to time have full Power and Authority to admit and receive 
any other Person into their Company, Corporation, and Freedom; 
And further in a General Assembly of Adventurers, with the consent 
of the greater part upon good Cause, to disfranchise and put out any 
. Person or Persons out of the said Freedom or Company. 

And we do also Grant and confirm for Us, our Heirs and Suc- 
cessors, that it shall be lawful for the said Treasurer and Company 
and their Successors by direction of the Governors there, to dig and 
to search for all manner of Mines of Gold, silver. Copper, Iron, Lead, 
Tin, and all sorts of Minerals, as well within the precinct aforesaid, 
as Avithin and part of the main land not formerly granted to any 
other; And to have and enjoy the Gold, Silver, Copper, Iron, Lead, 
and Tin, and all other Minerals to be gotten thereby, to the use and 



Virginia-^ieOO . 3799 

behoof of the said company of Planters and Adventurers ; Yielding 
thereof, and paying Yearly unto Us, our Heirs and Successors as 
aforesaid. 

And Ave do further of our special Grace, certain Knowledge, and 
mere Motion for Us, our Heires, and Successors, Grant by these 
presents, to and with the said Treasurer and Company, and their 
Successors, that it shall be laAvful and free for them and their 
Assigns, at all and every time and times hereafter, out of our Realm 
of England, and out of all other our Dominions, to take and lead into 
the said Voyages, and for and towards the said Plantation, and to 
travel thitherwards and to abide and inhabit there in the said Colony 
and Plantation, all such and so many of our loving Subjects, or any 
other Strangers, that will become our loving Subjects, and live under 
our Obedience, as shall willingly accompany them in the said Voyage 
and Plantation; With sufficient Shipping, Armour, Weapons, Ordi- 
nance, Munition, Powder, Shot, Victuals, and such Merchandises or 
Wares as are esteemed by the wild People in those Parts, Cloathing, 
Implements, Furniture, Cattle, Horses, and Mares, and all other 
things necessary for the said Plantation, and for their Use, and 
Defence, and Trade with the People there ; and passing and returning 
to and fro; Without yielding or paying Subsidy, Custom, Impo- 
sition, or any other Tax or Duty, to Us, our Heirs, or Successors, 
for the space of seven Years from the Date of these Presents: Pro- 
vided that none of the said Persons be such as shall be hereafter by 
special name restrained by Us, our Heirs, and Successors. 

And for their further Encouragement, of our special Grace and 
Favour, we do by these Presents, for Us, our Heires, and Successors, 
Yeild and Grant to and with the said Treasurer and Company, and 
their Successors, and every of them, their Factors and Assigns, that 
they and every of them shall be free of all Subsidies and Customs 
in Virginia, for the space of one and twenty Years, and from all 
Taxes and Impositions for ever upon any Goods or Merchandizes at 
any Time or Times hereafter, either upon Importation thither, or 
Exportation from thence into our Realm of England, or into any 
other of our Realms or Dominions, by the said Treasurer and Com- 
pany, and their Successors, and their Deputies, Factors, or Assigns, 
or any of them : Except only the five Pounds per Cent, due for 
Custom upon all such Goods and Merchandizes as shall be brought 
or Imported into our Realm of England, or any other of these our 
Dominions according to the antient Trade of Merchants; Which 
five Pounds per Cent only being paid, it shall be thenceforth lawful 
and free for the said Adventurers, the same Goods and Merchandizes 
to export and carry out of our said Dominions into foreign Parts 
without any Custom, Tax, or other Duty to be paid to Us, our Heires, 
or Successors, or to any other our Officers or Deputies: Provided, 
that the said Goods and Merchandizes be shipped out, within thirteen 
Months after their first landing within any Part of those Dominions. 

And we do also Grant and confirm to the said Treasurer and Com- 
pany, and their Successors, as also to all and every such Governor, 
or other Officers, and Ministers, as by our said Council shall be 
appointed to have Power and Authority of Government and Com- 
mand in and over the said Colony and Plantation; That they, and 
every of them, shall and lawfully may from Time to Time and at all 
Times for ever hereafter, for their several Defence and Safety, 



3800 Virginia— 1609 

encounter, expulse, repel, and resist by Force and Arms, as well by 
Sea as by Land, and all Ways and Means whatsoever, all and every 
such Person and Persons whatsoever as (without the special Licence 
of the said Treasurer and Company and their Successors) shall 
attempt to inhabit within the said several Precincts and Limits of 
the said Colony and Plantation ; And also all and every such Person 
and Persons whatsoever, as shall enterprize or attempt at any Time 
hereafter. Destruction, Invasion, Hurt, Detriment, or Annoyance, to 
the said Colony and Plantation, as is likewise specified in the said 
former Grant: 

And that it shall be lawful for the said Treasurer and Company, 
and their Successors, and every of them from Time to Time, and at 
all Times for ever hereafter, and they shall liave full Power and 
Authority to take and surprize by all Ways and Means Avhatsoever, 
all and every 'Person and Persons whatsoever, with their Ships, 
Goods, and other Furniture, trafficking in any Harbour, Creek, or 
Place, M'ithin the Limits or Precincts of the said Colony and Planta- 
tion not being allowed by the said Company to be Adventurers or 
Planters of the said Colony until such Time as they being of any 
Eealms and Dominions under our Obedience, shall pay, or agree to 
pay, to the Hands of the Treasurer, or of some other Officer deputed 
by the said Governor of Virginia (over and above such Subsidy or 
Custom as the said Company is or hereafter shall be to pay) five 
Pounds per Cent, upon all Goods and Merchandises so brought in 
thither, and also five per Cent, upon all Goods by them ship])ed out 
from thence; And being Strangers and not under our Obedience 
until they have paid (over and above such Subsidy and Custom, as 
the said Treasurer and Company, or their Successors, is, or hereafter 
shall be to pay) ten Pounds per Cent. \\\)0\\ all such Goods likewise 
carried in and out, any Thing in the said former Letters-patents to 
the contrary notwithstanding; And the same Su:ms of Money and 
Benefit, aforesaid, for and during the space of one and twenty Years, 
shall be wholly employed to the Benefit, Use, and Behoof of the said 
Colony and Plantation; And after the said one and twenty Years 
ended, the same shall be taken to the use of Us, our Heirs and Suc- 
cessors, by such Officers and Ministers, as by Us, our Heirs or Suc- 
cessors shall be thereunto assigned and appointed, as is specified in 
the said former Letters-patents. 

Also we do for Us, our Heirs and Successors, declare by these 
Presents, that all and every the Persons being our Subjects, which 
shall go and inhabit within the said Colony and Plantation, and 
every their Children and Posterity, which shall happen to be born 
Avithin any of the Limits thereof, shall have and enjoy all Liberties, 
Franchizes, and Immunities of Free Denizens and natural Subjects 
Avithin any of our other Dominions to all Intents and Purposes, as if 
they had been abiding and born within this our Realm of England^ 
or in any other of our Dominions. 

And forasmuch as it shall be necessary for all such our loving 
Subject as shall inhabit within the said Precincts of Virginia afore- 
said, to determine to live together in the Fear and true AVorship of 
Almighty God, Christian Peace and Civil Quietness each with other, 
whereby every one may with more Safety, Pleasure and Profit enjoy 
that whereunto they shall attain with great Pain and Peril ; We for 
Us, our Heirs, and Successors are likewise pleased and contented, and 



Virginia— 1609 3801 

by these Presents do give and grant unto the said Treasurer and 
Company, and their Successors, and to such Governors, Officers, and 
Ministers, as shall be by our said Council constituted and appointed 
according to the Natures and Limits of their Offices and Places 
respectively, that they shall and may from Time to Time, for ever 
hereafter, within the said Precincts of Virginia., or in the way by 
Seas thither and from thence, have full and absolute Power and 
Authority to correct, punish, pardon, govern, and rule all such the 
Subjects of Us, our Heires, and Successors as shall from Time to 
Time adventure themselves in any Voyage thither, or that shall at 
any Time hereafter, inhabit in the Precincts and Territories of the 
said Colony as aforesaid, according to such Orders, Ordinances, 
Constitutions, Directions, and Instructions, as by our said Council as 
aforesaid, shall be established ; And in Defect thereof in case of Ne- 
cessity, according to the good Discretions of the said Governor and 
Officers respectively, as well in Cases capital and criminal, as civil, 
both Marine and other; So always as the said Statutes, Ordinances 
and Proceedings as near as conveniently may be, be agreeable to the 
Laws, Statutes, Government, and Policy of this our Realm of 
England. 

And we do further of our special Grace, certain Knowledge, and 
mere Motion, grant, declare, and ordain, that such principal Gov- 
ernor, as from Time to Time shall duly and lawfully be authorized 
and appointed in Manner and Form in these Presents heretofore 
expressed, shall have full Power and Authority, to use and exercise 
Martial Law in Cases of Rebellion or Mutiny, in as large and ample 
Manner as our Lieutenants in our Counties within this our Realm 
of England have or ought to have, by Force of their Commissions of 
Lieutenancy. 

And furthermore, if any Person or Persons, Adventurers or Planters 
of the said Colony, or any other at any Time or Times hereafter, 
shall transport any Monies, Goods, or Merchandises, out of any of 
our Kingdoms with a Pretence or Purpose to land, sell, or otherwise 
dispose of the same within the Limits or Bounds of the said Colony, 
and yet nevertheless being at Sea, or after he hath landed within any 
part of the said Colony, shall carry the same into any other foreign 
Country with a Pur])Ose there to sell and dispose thereof; That then 
all the Goods and Chattels of the said Person or Persons so oifend- 
ing, and transported, together with the Ship or Vessel wherein such 
Transportation was made, shall be forfeited to Us, our Heirs, and 
Successors. 

And further, our Will and Pleasure is, that in all Questions and 
Doubts that shall arise upon any difficulty of Construction or Inter- 
pretation of any Thing contained either in this, or in our said former 
Letters-patents, the same shall be taken and interpreted in most 
nmple and beneficial Manner for the said Treasurer and Company, 
and their Successors, and every Member thereof. 

And further, we do, by these Presents ratify and confirm unto the 
said Treasurer and Company, and their Successors, all the Privileges, 
Franchises, Liberties, and Immunities granted in our said former 
Letters-patents, and not in these our Letters-patents, revoked, altered, 
changed, or abridged. 

And finally our Will and Pleasure is, and we do further hereby for 
Us, our Heirs, and Successors, grant and agree, to and with the said 



3802 Virginia— 16] 1-1612 

Treasurer and Company, and their Successors, that all and singular 
Person and Persons, which shall at any Time or Times hereafter 
adventure any Sum or Sums of Money, in and towards the said Plan- 
tation of the said Colony in Yirghiht^ and shall be admitted by the 
said Council and Company, as Adventurers of the said Colony in 
Form aforesaid, and shall be enrolled in the Book or Records of the 
Adventurers of the said Company, shall and may be accounted, ac- 
cepted, taken, held, and reputed Adventurers of the said Colony, and 
shall, and may enjoy all and singular Grants, Privileges, Liberties, 
Benefits, Profits, Commodities and Immunities, Advantages and 
Emoluments whatsoever, as fully, largely, amply, and absolutely, as 
if they and every of them, had been precisely, plainl}^ singularly, 
and distinctly named and inserted in these our Letters-patents. 

And lastly, because the principal P^lfect which we can desire or 
expect of this Action, is the Conversion and Reduction of the People 
in those Parts unto the true AYorship of God and Christian Religion, 
in which Respect Ave should be loath that any Person should be per- 
mitted to pass that we suspected to affect the Superstitions of the 
Church of Rome, we do hereby declare, that it is our Will and Pleas- 
ure that none be ]iennitted to pass in any Voyage from Time to Time 
to be made into the said Country, but such as first shall have taken 
the Oath of Suj^remacy ; For Avhich Pur})Ose, we do by these Pres- 
ents give full Power and Authority to the Treasurer for the Time 
being, and any three of the Council, to tender and exhibit the said 
Oath, to all such Persons as shall at any Time be sent and employed 
in the said Voyage. 

Although express Mention of true yearly Value or Certainty of 
the Premisses, or any of them, or of any other Gifts or Grants by Us, 
or any of our Progenitors or I*redecessors to the aforesaid Treasurer 
and Company heretofore made in these Presents, is not made; Or 
any Act, Statute. Ordinance, Provision, Proclamation, or Restraint, 
to the contrary hereof had, made, ordained, or provided, or any other 
Thing, Cause, or Matter whatsoever in any wise notwithstanding. 
In AVitness whereof, We have caused these our Letters to be made 
Patent. AVitness ourself at Westmmsfer, the 23d Day of May, in the 
seventh Year of our Reign of E/hc/land, France^ and Ireland, and of 
Scotland the * * * 

Per Ipsum Regem. 

LUKIN. 



THE THIRD CHARTER OF VIRGINIA— 1611-12 * 

James, by the Grace of God, King of England, Scotland, France, 
and Ireland, Defender of the Faith; To all to Avhom these Presents 
shall come. Greeting. Whereas at the humble Suit of divers and 
svmdry our loving Subjects, as well Adventurers as Planters of the 
first Colony in Virginia, and for the Propagation of Chnstian Reli- 
gion, and Reclaiming of People barbarous, to Civility and Humanity, 
We have, by our Letters-Patents, bearing Date at Westminister, the 
three-and-twentieth Day of May, in the seventh Year of our Reign 
of England, France, and Ireland, and the two-and-fortieth of Scot- 

* Hening's Statutes of Virginia, I. 98-110. 



Virginia^lGn-16'12 3803 

land, Given and Granted unto them that they and all such and so 
many of our loving Subjects as should from time to time, for ever 
after, be joined with them as Planters or Adventurers in the said 
Plantation, and their Successors, for ever, should be one Body poli- 
tick, incorporated by the Name of 7'he I'l-easurer and Company of 
Adventu'/'ers and Planters of the City of London for the first Colony 
in Virginia/ 

And whereas also for the greater Good and Benefit of the said 
Company, and for the better Furtherance, Strengthening, and Estab- 
lishing of the said Plantation, we did further Give, Grant and Con- 
firm, by our Letters-Patents unto the said Company and their Suc- 
cessors, for ever, all those Lands, Countries or Territories, situate, 
lying and being in that Part of America called Virginia, from the 
Point of Land called Cape or Point Comfort all along the Sea Coasts 
to the Northward two hundred Miles; and from the said Point of 
Cape Comfort all along the Sea Coast to the Southward two hundred 
Miles; and all that Space and Circuit of Land lying from the Sea 
Coast of the Precinct aforesaid, up into the Land throughout from 
Sea to Sea West and North-west; and also all the Islands lying 
within one hundred Miles along the Coast of both the Seas of the 
Precinct aforesaid; with divers other Grants, Liberties, Franchises 
and Preheminences, Privileges, Profits, Benefits, and Commodities 
granted in and by our said Letters-patents to the said Treasurer and 
Company and their Successors for ever. 

Now forasmuch as we are given to understand, that in those Seas 
adjoining to the said Coasts of Virginia^ and without the Compass 
of those two hundred Miles by Us so granted unto the said Treasurer 
and Company as aforesaid, and yet not far distant from the said 
Colony in Virginia, there are or may be divers Islands lying desolate 
and uninhabited, some of which are already made known and discov- 
ered by the Industry, Travel, and Expences of the said Company, 
and others also are supposed to be and remain as yet unknown and 
undiscovered, all and every of which it may import the said Colony 
both in Safety and Policy of Trade to populate and plant ; in Regard 
whereof, as well for the preventing of Peril, as for the better Com- 
.moclity of the said Colony, they have been humble suitors unto Us, 
that We would be pleased to grant inito them an Enlargement of our 
said former Letters-patents, as well for a more ample Extent of their 
Limits and Territories into the Seas adjoining to and upon the Coast 
of Vh'ginia, as also for some other Matters and Articles concerning 
the better government of the said Company and Colony, in which 
Point our said former Letters-Patents do not extend so far as Time 
and Experience hath found to be needful and convenient : 

We therefore tendering the good and happy Success of the said 
Plantation, both in Regard of the General Weal of human Society, 
as in Respect of the Good of our own Estate and Kingdoms, and being- 
willing to give Furtherance unto all good Means that may advance 
the Benefit of the said Company, and which may secure the Safety 
of our loving Subjects planted in our said Colony, under the Favour 
and Protection of God Almighty, and of oui- Royal Power and 
Authority, have therefore of our especial Grace, certain Knowledge, 
and mere Motion, given, granted, and confirmed, and for Us, our 
Heirs and Successors, we do by these Presents give, grant, and confirm 
to the said Treasurer and Comjoany of Adventurers and Planters of 



3804 Virginia— 1611-1612 

the city of London for the first Colony in Virginia, and to their Heirs 
and Successors for ever, all and singular those Islands whatsoever 
situate and being in any Part of the Ocean Seas bordering upon the 
Coast of our said first Colony in Virginia, and being within three 
Hundred Leagues of any of the Parts heretofore granted to the said 
Treasurer and Compan}^ in our said former Letters-Patents as afore- 
said, and being within or between the one-and-fortieth and thirtieth 
Degrees of Northerl}^ Latitude ; together with all and singular Soils, 
Lands, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines and 
Minerals, as well Royal Mines of Gold and Silver, as other Mines and 
Minerals, Pearls, precious Stones, Quarries, and all and singidar other 
Commodities, Jurisdictions, Royalties, Privileges, Franchises, and Pre- 
heminences, both within the said Tract of Land upon the Main, and 
also within the said Islands and Seas adjoining whatsoever and there- 
unto or thereabouts, both by Sea and Land being or situate ; And 
which, by our Letters-I*atents Ave may or can grant, and in as ample 
Manner as "We or any our noble Progenitors have heretofore granted 
to any Person or Persons, or to any Compan3% Bod}^ Politick or cor- 
porate, or to any Adventurer or Adventurers, Undertaker or Under- 
takers of any Discoveries, Plantations, or Traffick, of, in, or into 
any foreign Parts whatsoever, and in as large and ample Manner as 
if the same were herein particularly named, mentioned, and expressed. 
Provided always, that the said Islands or any Premises herein men- 
tioned, or by these Presents intended or meant to be granted, be not 
actually possessed or inhabited by any other Christian Prince or 
Estate, nor be Avithin the Bounds, Limits, or Territories of the North- 
ern Colony heretofore by Us granted to be planted by divers of our 
loving Subjects in the North Parts of Virginia. To haa^e and to 
HOLD, possess and enjoy, all and singular the said Islands in the said 
Ocean Seas so lying and bordering upon the Coast and Coasts of the 
Territories of the said first Colony in Virginia, as aforesaid. With 
all and singular the said Soils, Lands, Grounds, and all and singular 
other the Premises heretofore by these Presents granted or men- 
tioned to be granted to them, the said Treasurer and Company of 
Adventurers and Planters of the City of London for the first Colony 
in Virginia, and to their Heirs, Successors, and Assigns, for ever, 
to the sole and proper Use and Behoof of them the said Treasurer 
and Company, and their Heirs and Successors and Assigns, for ever ; 
TO BE HOLDEN OF US, our Hcirs and Successors, as of our Manor of 
E ast-Greenunch, in Free and common Soccage, and not in Cafite; 
yiRLDiNG AND PAYING therefore to Us, our Heirs and Successors, the 
fifth Part of the Ore of all Gold and Silver which shall be there 
gotten, had, or obtained for all Manner of Services AvhatsoeA^er. 

And further. Our Will and Pleasure is, and We do by these Pres- 
ents, GRANT AND CONFIRM, for the Good and Welfare of the said Plan- 
tation, and that Posterity may hereafter knoAV Avho have adA^entured 
and not been sparing of their Purses in such a noble and generous 
Action for the general Good of their Country, and at the Request and 
with the Consent of the Company aforesaid, that Our trusty and well- 
beloved Subjects George Lord Archbishop of Canterbury, Henry, 
Earl of Huntington, Edicard Earl of Bedford, RicJiard Earl of 
Clanricl'ard, &c. Avho since Our said last Letters-Patents are become 
Adventurers, and liaA^e joined themselves with the former Adven- 
turers and Planters of the said Company and Society, shall from 



Virginia— J 611-1612 3805 

henceforth be reputed, deemed, and taken to be, and shall be Brethren 
and free Members of the Company ; and shall and may respectively, 
and according to the Proportion and Value of their several Adven- 
tures, HAVE, HOLD, and ENJOY, all such Interest, Right, Title, Privi- 
leges, Preheminences, Liberties, Franchises, Immunities, Profits, and 
Commodities, whatsoever, in as large and ample and beneficial Man- 
ner, to all Intents, Constructions, and Purposes, as any other Adven- 
tures nominated and expressed in any our former Letters-Patents, 
or any of them have or may have by Force and Virtue of these Pres- 
ents, or any our former Letters-Patents whatsoever. 

And We are further pleased, and We do by these Presents grant 
and CONFIRM, that Philip Earl of Montgomery, Willkmi Lord Paget, 
sir John Stamngton, Knt. &c. whom the said Treasurer and Com- 
pany have since the said last Letters-Patents nominated and set down 
as worthy and discreet Persons fit to serve Us as Counsellors, to be of 
our Council for the said Plantation, shall be reputed, deemed, and 
taken as Persons of our said Council for the said first Colony, in such 
Manner and Sort, to all Intents and Purposes, as those who have 
been formerly elected and nominated as our Counsellors for that 
Colony, and whose Names have been, or are inserted and expressed 
in our said former Letters-Patents. 

And we do hereby ordain and grant by these Presents, that the said 
Treasurer and Company of Adventurers and Planters aforesaid, shall 
and may, once every week, or oftener, at their Pleasure, hold, and 
keep a Court and Assembly for the better Order and Government of 
the said Plantation, and such Things as shall concern the same ; And 
that any five Persons of our Council for the said first Colony in 
Virginia, for the Time being, of which Company the Treasure, or his 
Deputy, to be always one, and the Number of fifteen others, at the 
least, of the Generality of the said Company, assembled together in 
such Manner, as is and hath been heretofore used and accustomed, 
shall be said, taken, held, and reputed to be, and shall be a sufficient 
Court of the said Company, for the handling and ordering, and dis- 
patching of all such casual and particular Occurrences, and accidental 
Matters, of less Consequence and Weight, as shall from Time to Time 
happen, touching and concerning the said Plantation. 

And that nevertheless, for the handling, ordering, and disposing 
of Matters and Affairs of greater Weight and Importance, and such 
as shall or may, in any Sort, concern the Weal Publick and general 
Good of the said Company and Plantation, as namely, the Manner 
of Government from Time to Time to be used, the ordering and 
Disposing of the Lands and Possessions, and the settling and estab- 
lishing of a Trade there, or such like, there shall be held and kept 
every Year, upon the last Wednesday, save one, of IlUlary Term, 
Easter, Trinity, and Michaelmas Terms, for ever, one great, general, 
and solemn Assembly, which four Assemblies shall be stiled and 
called, The four Great and General Courts of the Council and Coni- 
pany of Adventurers for Virginia; In all and every of which said 
Great and General Courts, so assembled, our Will and Pleasure is, 
and we do, for Us, our Heirs and Successors, for ever. Give and 
Grant to the said Treasurer and Company, and their Successors for 
ever, by these Presents, that they, the said Treasurer and Company, 
or the greater Number of them, so assembled, shall and may have full 
Power and Authority, from Time to Time, and at all Times hereafter, 



3806 Virginia-~1G11-I612 

to elect and chiise discreet Persons, to be of our said Conncil for the 
said first Colony in Virginia^ and to nominate and appoint such 
Officers as they shall think fit and requisite, for the Government, 
managing, ordering, and dispatching of the Affairs of the said Com- 
pany; And shall likewise have full Power and Authority, to ordain 
and make such Laws and Ordinances, for the Good and Welfare of 
the said Plantation, as to them from Time to Time, shall be thought 
requisite and meet: So always, us the same be not contrary to the Laws 
and Statutes of this our Realm of England; And shall, in like 
Manner, have Power and Authority, to expulse, disfranchise, and 
put out of and from their said Company and Society for ever, all and 
every such Person and Persons, as having either promised or sub- 
scribed their Names to become Adventurers to the said Plantation, 
of the said first Colony in Virginia, or having been nominated for 
Adventurers in these or any other our Letters-Patents, or having been 
otherwise admitted and nominated to be of the said Company, have 
nevertheless either not put in any adventure at all for and towards 
the said Plantation, or else have refused or neglected, or shall refuse 
and neglect to bring in his or their Adventure, by Word or Writing, 
promised Avithin six Months after the same shall be so payable and 
due. And whereas, the Failing and not Payment of such Monies as 
have been promised in Adventure, for the Advancement of the said 
Plantation, hath been often by Experience found to be dangerous 
and prejudicial to the same, and much to have hindered the Progress 
and Proceeding of the said Plantation, and for that it seemeth unto 
Us a Thing reasonable, that such Persons, as by their Hand Writing 
have engaged themselves for the Payment of their Adventures, and 
afterwards neglecting their Faith and Promise, should be compelled 
to make good and keep the same : Therefore, Our Will and Pleasure 
is, that in any Suit or Suits commenced, or to be commenced in any 
of our Courts at M\'stmim.stei\ or elsewhere, by the said Treasurer 
and Company, or otherwise against any such persons, that our Judges 
for the Time being, both in our Court of Chancery, and at the Com- 
mon Pleas do favour and further the said Suits so far forth as LaAv 
and Equity Avill in any wise further and permit. And We do, for 
Us, our Heirs and Successors, further give and grant to the said 
Treasurer and Company, or their Successors forever, that the said 
Treasurer and Company, or the greater Part of them for the Time 
being, so in a full and general Court assembled as aforesaid, shall 
and may from Time to Time, and at all times forever hereafter, elect, 
choose and admit into their Company, and Society, any Person or 
Persons, as well Strangers and Aliens born in any Part beyond the 
Seas wheresoever, being in Amity with us, as our natural Liege Sub- 
jects born in any our Realms and Dominions: And that all such 
Persons so elected, chosen, and admitted to be of the said Company 
as aforesaid, shall thereupon be taken, reputed, and held, and shall 
be free Members of the said Company, and shall have, hold, and 
enjoy all and singular Freedoms, Liberties, Franchises, Privileges, 
Immunities, Benefits, Profits, and Commodities whatsoever, to the 
said Company in any Sort belonging or appertaining, as fully, freely 
and amply as any other Adventurers now being, or Avhich hereafter 
at any Time shall be of the said Company, hath, have, shall, may, 
might, or ought to have and enjoy the same to all Intents and Pur- 
poses whatsoever. And We do further of our especial Grace, certain 



Virginia— 161 1-1612 3807 

Knowledge, and mere Motion, for Us, our Heirs and Successors, give 
and grant unto the said Treasurer and Company, and their Successors 
for ever, by these Presents, that it shall be lawful and free for them 
and their Assigns, at all and every Time and Times hereafter, out of 
any our Realms and Dominions whatsoever, to take, lead, carry, and 
transport in and into the said Voyage, and for and towards the said 
Plantation of our said first Colony in Virginia^ all such and so many 
of our loving Subjects, or any other Strangers that wdll become our 
loving Subjects, and live under our Allegiance, as shall willingly 
accompany them in the said Voyages and Plantation, with Shipping, 
Armour, Weapons, Ordnance, Munition, Powder, Shot, Victuals, aiid 
all Manner of Merchandises and Wares, and all Manner of Clothing, 
Implements, Furniture, Beasts, Cattle, Horses, Mares, and all oth'.n- 
Things necessary for the said Plantation, and for their Use and 
Defence, and for Trade with the People there, and in passing and 
returning to and from, without paying or yielding any Subsidy, 
Custom, or Imposition, either inward or outward, or any other Duty 
to Us, our Heirs and Successors, for the same, for the Space of Seven 
Years from the Date of these Presents. 

And We do further, for Us, our Heirs and Successors, give and 
grant to the said Treasurer and Company, and their Successors for- 
ever, by these Presents, that the said Treasurer of that Company, 
or his Deputy for the Time being, or any two other of the said 
Council, for the said first Colony in Virginia^ for the Time being, 
or any two other at all Times hereafter, and from Time to Time, 
have full Power and authority to minister and give the Oath and 
Oaths of Supremacy and Allegiance, or either of them, to all and 
every Person and Persons, wdiich shall at any Time or Times here- 
after, go or pass to the said Colony in Virghiia : 

■ And further, that it shall be lawful likewise for the said Treasurer, 
or his Deputy for the Time being, or any two or others of our said 
Council, for the said first Colony in Virginia, for the Time being, 
from Time to Time, and at all Times hereafter to minister such a 
formal Oath, as by their discretion shall be reasonably devised, as 
well unto any Person or Persons employed in, for, or touching the 
said Plantation, for their honest, faithful and just Discharge of 
their Service in all such Matters as shall be committed unto them, for 
the Good and Benefit of the said Company, Colony and Plantation ; 
As also unto such other Person or Persons as the said Treasurer, or 
his Deputy, with two others of the said Council shall think meet, for 
the Examination or clearing of the Truth, in any Cause whatsoever, 
concerning the said Plantation, or any Business from thence proceed- 
ing, or thereunto belonging. 

And furthermore, whereas We have been certified, That divers 
lewd and ill disposed Persons, both Sailors, Soldiers, Artificers, Hus- 
bandmen, Labourers and others, having received Wages, Apparel 
and other Entertainment, from the said Company, or having con- 
tracted and agreed with the said Company to go, or to serve, or to be 
employed in the said Plantation of the said first Colony in Virginia, 
have afterwards either withdrawn, hid, or concealed themselves, 
or have refused to go thither, after they have been so entertained 
and agreed withal: And that divers and sundry Persons also, which 
have been sent and employed in the said Plantation of the said 
first Colony in Virginia, at and upon the Charge of the said Com- 



3808 Virginia— 1611-1612 

pany, and having there misbehaved themselves by Mutinies, Sedition, 
or other notorious Misdemeanors, or having been employed or sent 
abroad by the Governor of Virginia^ or his Deput}^, with some Ship 
or Pinnace, for our Provision of the said Colony, or for some Dis- 
covery, or other Business and Affairs concerning the same, have 
from thence most treacherously either come back again, and returned 
into our Realm of England^ by Stealth, or without Licence of our 
Governor of our said Colony in Vh'ginia, for the Time being, or 
have been sent thither as Misdoers and Offenders: And that man}^ 
also of those Persons after their Return from thence, having been 
questioned by our Council here, for such their Misbehaviors and 
Offences, by their Insolent and Contemptuous Carriage in the Pres- 
ence of our said Council, have shewed little Respect and Reverence 
either to the Place or Authority in which we have placed and 
appointed them; And others for the colouring of their Lewdness 
and Misdemeanors committed in Virginia.^ have endeavoured by most 
vile and slanderous Reports made and divulged, as well of the Coun- 
try of Virginia^ as also of the Government and Estate of the said 
Plantation and Colony, as much as in them lay, to bring the said 
Voyage and Plantation into Disgrace and Contempt : By Means 
whereof, not only the Adventurers and Planters already engaged in 
the said Plantation, have been exceedingly abused and hindered, 
and a great Number of other, our loving and well-disposed Subjects, 
otherwise well affected and inclined to join and adventure in so 
noble, Christian, and Avorthy an Action, have been discouraged from 
the same ; but also the utter overthrow and Ruin of the said Enter- 
prise hath been greatly endangered, which cannot miscarry Avithout 
some Dishonour to Us, and our Kingdom. 

NoAv, forasmuch as it appeareth unto us, that these Insolences, Mis- 
demeanors, and Abuses, not to be tolerated in any civil Government,' 
haA'e, for the most part. groAvn and proceeded, in regard our said 
Council have not any direct Power and Authority, by any express 
"Words in our former Letters-patents, to correct and chastise such 
Offenders; We therefore, for more speedy Reformation of so great 
and enormous Abuses and Misdemeanors heretofore practised and 
committed, and for the preventing of the like hereafter, do by these 
Presents for Us, our Heirs, and Successors, give and grant, to the 
said Treasurer and Company, and their Successors for ever, that it 
shall, and maj^ be laAvful for our said Council for the first Colony in 
Virginia^ or any tAvo of them (Avhereof the said Treasurer or his 
Deputy for the Time being, to be ahvays one) by Warrant under their 
Hands, to send for, or cause to be apprehended, all, and every such 
Person or Persons, who shall be noted, or accused, or found at any 
Time or Times hereafter, to offend or misbehaA^e themseh^es, in any 
the Offences before mentioned and expressed, and upon the Exam- 
ination of any such Offender or Offenders, and just Proof made by 
Oath, taken before the said Council, of any such notorious Misde- 
meanors by them committed as aforesaid; And also upon any inso- 
lent and contemptuous, or indecent Carriage and Misbehaviour, to, 
or against, any our said Council, shewed or used by any such Person 
or Persons so called, convented, and appearing before them as afore- 
said; That in all such cases, they our said Council, or any two of them 
for the time being, shall, and may have full PoAver and Authority, 
either here to bind them over with good Sureties for their good Be- 



Virginia— 1611-1612 3809 

haAdoiir, and further therein, to proceed to all Intents and Purposes, 
as it is used in other like Cases, within our Realm of England; Or 
else, at their Discretions, to remand and send back the said Offenders, 
or any of them, unto the said Colony in Virginia^ there to be pro- 
ceeded against and punished, as the Governor, Deputy or Council 
there, for the Time being, shall think meet; Or otherwise, according 
to such Laws and Ordinances, as are and shall be in Use there, for 
the well-ordering and good Government of the s^id Colony. 

And for the more effectual Advancing of the said Plantation, 
We do further, for Us, our Heirs, and Successors, of our especial 
Grace and Favour, by Virtue of our Prerogative Eoyal,^ and by the 
Assent and Consent of the Lords and others of our Privy Council, 
Give and Grant, unto the said Treasurer and Company, full Power 
and Authority, free Leave, Liberty, and Licence, to set forth, erect, 
and publish, one or more Lottery or Lotteries, to have Continuance, 
and to endure and be held, for the Space of onjs whole Year, next 
after the opening of the same ; And after the End and Expiration of 
the said Term, the said Lottery or Lotteries to continue and be 
further kept, during our Will and Pleasure only, and not otherwise. 
And yet nevertheless, we are contented and pleased, for the Good 
and Welfare of the said Plantation, that the said Treasurer and Com- 
pany shall, for the Dispatch and Finishing of the said Lottery or 
Lotteries, have six Months Warning after the said Year ended, 
before our Will and Pleasure shall, for and on that Behalf, be con- 
strued, deemed, and adjudged, to be in any wise altered and deter- 
mined. 

And our further Will and Pleasure is, that the said Lottery and 
Lotteries shall and may be opened and held, within our City of Lon- 
don, or in any other City or Town, or elsewhere, within this our 
Realm of England, with such Prizes, Articles, Conditions, and Limi- 
tations, as to them, the said Treasurer and Company, in their Dis- 
cretions, shall seem convenient: 

And it shall and may be lawful, to and for the said Treasurer and 
Company, to elect and choose Receivers, Surveyors, Auditors, Com- 
missioners, or any other Officers whatsoever, at their Will and Pleas- 
ure, for the better marshalling, disposing, guiding, and governing 
of the said Lottery and Lotteries ; And that it shall likewise be lawful, 
to and for the said Treasurer and any two of the said Council, to 
minister to all and every such Person, so elected and chosen for 
Offices, as aforesaid, one or more Oaths, for their good Behaviour, 
just and true Dealing, in and about the said Lottery or Lotteries, to 
the Intent and Purpose, that none of our loving Subjects, putting 
in their Names, or otherwise adventuring in the said general Lottery 
or Lotteries, may be, in any wise, defrauded and deceived of their 
said Monies, or evil and indirectly dealt withal in their said Adven- 
tures. 

And we further Grant, in Manner and Form aforesaid, that it 
shall and may be lawful, to and for the said Treasurer and Com- 
pany, under the Seal of our said Council for the Plantation, to pub- 
lish, or to cause and procure to be published b}^ Proclamation, or 
otherwise (the said Proclamation to be made in their Name, by Virtue 
of these Presents) the said Lottery or Lotteries, in all Cities, Towns, 
Burroughs, and other Places, within our said Realm of Eng- 



3810 Virginia— 1621 

land; And we Will and Command all Mayors, Justices of the Peace, 
Sheriffs, Bailiffs, Constables, and other Officers and loving Subjects, 
whatsoever, that in no wise, they hinder or delay the Progress and 
Proceedings of the said Lottery or Lotteries, but be therein, touching 
the Premises, aiding and assisting, by all honest, good, and lawful 
Means and Endeavours. 

And further, our Will and Pleasure is, that in all Questions and 
Doubts, that shall arise, upon any Difficulty of Construction or 
Interpretation of anj^ Thing, contained in these, or any other our 
former Letters-patent, the same shall be taken and interpreted, in 
most ample and beneficial Manner for the said Treasurer and Com- 
pany, and their Successors, and every Member thereof. 

And lastly, we do, by these Presents, ratify and confirm unto the 
said Treasurer and Company, and their Successors, for ever, all and 
all Manner of Privileges, Franchises, Liberties, Immunities, Pre- 
heminences. Profits, and Commodities, whatsoever, granted unto them 
in any our former Letters-patent, and not in these Presents revoked, 
altered, changed, or abridged. Although express Mention of the 
true Yearly Value or Certainty of the Premises, or any of them, or 
of any other Gift or Grant, by Us or any our Progenitors or Prede- 
cessors, to the aforesaid Treasurer and Company heretofore made in 
these Presents is not made; Or any Statute, Act, Ordinance, Pro- 
vision, Proclamation, or Restraint, to the contrary thereof heretofore 
made, ordered, or provided, or any other Matter, Cause, or Thing, 
whatsoever, to the contrary, in any wise, notwithstanding. 

In AVitness whereof we have caused these our Letters to be made 
Patents. Witness Ourself, at Westminster^ the twelfth Day of 
March^ in the ninth Year of our Reign of England^ France^ and 
Ireland^ and of Scotland the five and fortieth. 

ORDINANCES FOR VIRGINIA— JULY 24-AUG. 3, 1621 « 

An Ordinance and Constitution of tlie Treasurer, Council, and Company in 
England, for a Council of State and General Assembly. Dated July 24, 1621 

TO all People, to whom these Presents shall come, be seen, or heard. 
The Treasurer, Council, and Company of Adventurers and Planters 
for the City of London for the first Colony of Virginia^ send Greet- 
ing. Know ye, that we, the said Treasurer, Council, and Company, 
taking into our careful Consideration the present State of the said 
Colony of Vij^ginia^ and intending, by the Divine Assistance, to settle 
such a Form of Government there, as may be to the greatest Benefit 
and Comfort of the People, and whereby all Injustice, Grievances, 
and Oppression may be prevented and kept off as much as possible 
from the said Colony, have thought fit to make our Entrance, by 

The text is from the History of the First Discovery and settlement of Vir- 
ginia, by William Stithe (Sabin's edition, New York, 186.5), Appendix IV. The 
Commission to Sir Francis Wyatt, Governor of Virginia, in regard to the ordi- 
nance is printed in Hening's Statutes at Large (Richmond, 1809), I. 113-114. 
The first Assembly of Virginia was convened .July .SO-Aug. 9, 1619, at .James- 
town, by Governor Yeardley under the authority of the Virginia Company, exe- 
cuted in November, 1618. This document, either a commission or instructions 
to Yeardley, has not been found, but probably was similar to the later ordinance 
of 1621. For report of the proceedings of the first assembly see Colonial Records 
of Virgiua, Senate document, Extra, (Richmond, 1874.) 



Virginia— 1621 3811 

ordering and establishing such Supreme Councils, as may not only 
be assisting to the Governor for the time being, in the Administra- 
tion of Justice, and the executing of other Duties to this office belong- 
ing, but also, by their vigilant care and Prudence, may provide, as 
well for a Remedy of all Inconveniences, growing from time to time, 
as also for advancing of Increase, Strength, Stability, and Prosperity 
of the said Colony : 

II. WE therefore, the said Treasurer, Council, and Company, by 
Authority directed to us from his Majesty under the Great Seal, 
upon mature Deliberation, do hereby order and declare, that, from 
hence forward, there shall be two supreme councils in Virginia, for 
the better Government of the said Colony aforesaid. 

III. THE one of which Councils, to be called the council of state 
(and whose Office shall chiefly be assisting, with their Care, Advise, 
and Circumspection, to the said Governor) shall be chosen, nomi- 
nated, placed and displaced, from time to time, by Us, the said 
Treasurer, Council, and Company, and our Successors : Wliich Coun- 
cil of State shall consist, for the present, only of these Persons, as 
are here inserted, lyh. Sir Fi'ancis Wyat, Governor of Virginia, Cap- 
tain Francis West, Sir George Yeardley, Knight, ^ivWilliam Neuce, 
Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. 
George Thorpe, Deputy of the College, Captain Thomas Neuce, Dep- 
uty for the Company, Mr. Pawlet, Mr. Leech, Captain Nathaniel 
Powel, Mr. Ghristo'pher Davison, Secretary, Doctor Pots, Physician 
to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John 
Rolfe, Mr. Rcdph Hamer, Mr. John Pountis, Mr. Michael Lapworth, 
Mr. Harwood, Mr. Sanuiel M acock. Which said Counsellors and 
Council we earnestly pray and desire, and in his Majesty's Name 
strictly charge and command, that (all Factions, Partialities, and 
sinister Kespect laid aside) they bend their Care and Endeavours to 
assist the said Governor; first and principally, in the Advancement 
of the Honour and Service of God, and the Enlargement of his 
Kingdom amongst the Heathen People; and next, in erecting of the 
said Colony in due obedience to his Majesty, and all lawful Authority 
from his Majesty's Directions; and lastly, in maintaining the said 
People in Justice and Christian Conversation amongst themselves, 
and in Strength and Ability to withstand their Enemies. And this 
Council, to be always, or for the most Part, residing about or near 
the Governor. 

IV. THE other Council, more generally to be called by the Gov- 
ernor, once yearly, and no oftener, but for very extraordinary and 
important occasions, shall consist, for the present, of the said Council 
of State, and of two Burgesses out of every Town, Hundred, or other 
particular Plantation, to be respectively chosen by the Inhabitants: 
Which Council shall be called THE GENERAL ASSEMBLY, 
wherein (as also in the said Council of State) all Matters shall be 
decided, determined, and ordered, by the greater Part of the Voices 
then present; reserving to the Governor always a Negative Voice. 
And this General Assembly shall have free Power to treat, consult, 
and conclude, as well of all emergent Occasions concerning the Pub- 
lick Weal of the said Colony and every Part thereof, as also to make, 
ordain, and enact such general Laws and Orders, for the Behoof of 
the said Colony, and the good Government thereof, as shall, from 
time to time, appear necessary or requisite; 



3812 Virginia— 1776 

V. WHEREAS in all other Things, we require- the said General As- 
sembly, as also the said Council of State, to imitate and follow the 
Policy of the Form of Government, Laws, Customs, and Manner of 
Trial, and other Administration of Justice, used in the Realm of 
England, as near as may be, even as ourselves, by his Majesty's Let- 
ters Patent, are required. 

VI. PROVIDED, that no Law or Ordinance, made in the said General 
Assembly, shall be or continue in Force or Validity, unless the same 
shall be solemnly ratified and confirmed, in a General Quarter Court 
of the said Company here in England and so ratified, be returned to 
them under our Seal; It being our Litent to afford the like Measure 
also unto the said Colony, that after the Government of the said 
Colony shall once have been well framed, and settled accordingly, 
which is to be done by Us, as by Authority derived from his Majesty, 
and the same shall have been so by us declared, no Orders of Court 
afterwards shall bind the said Colony, unless they be ratified in like 
Manner in the General Assemblies, in witness whereof we have 
hereunto set our Common Seal, the 24th of Juh/ 1621, and in the 
Year of the Reign of our Sovereign Lord, James, King of England, 
&c., the * * * and of Scotland the * * * . 

THE CONSTITUTION OF VIRGINIA— 1776 * " 

BILL OF rights 

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 founda- 
tion of government. 

* Verified from " Ordinances passed at a General Convention of Delegates and 
Representatives from the Several Counties and Corporations of Virginia, Held at 
the Capitol in the City of Williamsburg, on Monday, the Gth of May, A. D. 1776. 
Reprinted by a Resolution of the House of Delegates, of the 24th February, 1816. 
Richmond: Ritchie, Trueheart & Duval. Printers. 1816." pp. 3-6. 

" The Proceedings of the Convention of Delegates for the Counties and Cor- 
porations in the Colony of Virginia, held at Richmond Town, in the County of 
Henrico, on the 20th of March, 1775. Re-printed by a Resolution of the House 
of Delegates, of the 24th February, 1810. Richmond: Ritchie, Trueheart & 
Du-val, Printers. 1816." 8 pp. 

" The Proceedings of the Convention of Delegates for the Counties and Cor- 
porations in the Colony of Virginia held at Richmond Town, in the County of 
Henrico, on Monday the 17th of .July 1775. Reprinted by a Resolution of the 
House of Delegates, of the 24th February, 1816. Richmond: Ritchie, True- 
heart & Du-Val, Printers. 1816." 116 pp. 

"The Proceedings of the Convention of Delegates held at the Capitol, in the 
city of Williamsburg, in the Colony of Virginia, On Monday, the 6th of May, 
1776. Reprinted by a Resolution of the House of Delegates, of the 24th Feb- 
ruary, 1816. Richmond : Ritchie, Trueheart & Duval, Printers. 1816." 86 pp. 

" Ordinances passed at a General Convention of Delegates and Representa- 
tives, from the several Counties and Corporations of Virginia, held at the Capitol 
in the City of Williamsburg. On Monday, the 6th of May, Anno-Dom. 1776. 
Reprinted by a Resolution of the House of Delegates, of the 24th February, 1816. 
Richmond : Ritchie, Trueheart & Du-Val, Printers. 1816." 19 pp. 

«This Declaration of Rights was fi-amed by a Convention, composed of forty- 
five members of the colonial house of burgesses, which met at Williamsburgh 
May 6, 1776, and adopted this Declaration June 12, 1776. 

This constitution was framed by the convention which issued the preceding 
Declaration of Rights, and was adopted June 29, 1776. It was not submitted to 
the people for ratification. 



Wirginia—1776 3813 

Section 1. That all men are by nature equally free and independ- 
ent, 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. 

Sec. 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. 

Sec. 3. That government is, or ought to be, instituted for the com- 
mon benefit, protection, and security of the people, nation, or com- 
munity; 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 com- 
munity hath an indubitable, inalienable, and indefeasible right to 
reform, alter, or abolish it, in such manner as shall be judged most 
conducive to the public weal. 

Sec. 4. That no man, or set of men, are entitled to exclusive or 
separate emoluments or privileges from the community, but in con- 
sideration of public services; which, not being descendible, neither 
ought the offices of magistrate, legislator, or judge to be hereditary. 

Sec. 5. That the legislative and executive powers of the State 
should be separate and distinct from the judiciary; and that the 
members of the two first may be restrained from oppression, by 
feeling and participating the burdens of the people, they should, at 
fixed i:)eriods, be leclucecl 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. 

Sec. 6. That elections of members to serve as representatives of 
the people, in assembly, ought to be free; and that all men, having 
sufficient evidence of permanent common interest with, and attach- 
ment 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 representives so elected, nor bound by 
any law to which they have not, in like manner, assembled, for the 
public good. 

Sec. 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. 

Sec. 8. That in all capital or criminal prosecutions a man hath a 
right to demand the cause and nature of his accusation, to be con- 
fronted 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. 

Sec. 9. That excessive bail ought woi to be recjuired, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

7535— VOL 7—09 3 



3814 Virginia— 1776 . 

Sec. 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 otfence is not particularly described and supported by evidence, 
are grievous and oppressive, and ought not to be granted. 

Sec. 11. That in controversies respecting propert}'^, and in suits 
between man and man, the ancient trial by jury is preferable to an}^ 
other, and ought to be held sacred. 

Sec. 12. That the freedom of the press is one of the great bulwarks 
of libert3\ and can never be restrained but by despotic governments. 

Sec. 13. 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. 

Sec. 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. 

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

Sec. 1G. 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 dutj'^ of all to 
practise Christian forbearance, love, and charity towards each other. 

the constitution or F0R3I OF GOVERNMENT, AGREED TO AND RESOLVED 
UPON BY THE DELEGATES AND REPRESENTATIVES OF THE SEVERAL 
COUNTIES AND CORPORATIONS OF VIRGINIA 

"NATiereas George the third. King of Great Britain and Ireland, and 
elector of Hanover, heretofore intrusted with the exercise of the 
kingly office in this government, hath endeavoured to prevent, 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 represen- 
tation in the legislature : 

By dissolving legislative Assemblies repeatedly and continually, 
for opposing with manly firmness his invasions of the rights of the 
people : 

AA^ien dissolved, by refusing to call others for a long space of time, 
thereby leaving the political system without any legislative head : 



Virginia— 1776 3815 

By endeavouring to prevent the population of our country, and, for 
that purpose, obstructing, the laws for the naturalization of for- 
eigners: 

By keeping among us, in times of peace, standing armies and ships 
of war: 

By effecting 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 trial by jury : 

For transporting us beyond seas, to be tried for pretended offences : 

For suspending our own legislatures, and declaring themselves in- 
vested 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 allure- 
ments of forfeiture and confiscation : 

By prompting our negroes to rise in arms against us, those very 
negroes whom, by an inhuman use of his negative, he hath 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 undis- 
tinguished destruction of all ages, sexes, and conditions of existence : 

By transporting, at this time, a large army of foreign mercenaries, 
to complete the works of death, desolation, and tyranny, already be- 
gun 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 formerly exercised under the crown of Great Britain, is Totally 
Dissolved. 

We therefore, the delegates and representatives of the good people 
of Virginia, having maturely considered the premises, and viewing 
with great concern the deplorable conditions to which this once happy 
country must be reduced, unless some regular, adequate mode of civil 
polity is speedily adopted, and in compliance with a recommendation 
of the General Congress, do ordain and declare the future form of 
government of Virginia to be as followeth : 

The legislative, executive, and judiciary department, shall be sepa- 
rate and distinct, so that neither exercise the i:)Owers properly belong- 
ing to the other: nor shall any person exercise the powers of more 
than one of them, at the same time; except that the Justices of the 
Countj?^ Courts shall be eligible to either House of Assembly. 

The legislative shall be formed of two distinct branches, who, 
together, shall be a complete Legislature. They shall meet once, or 
oftener, every year, and shall be called, The General Assembly of 
Virginia. One of these shall be called. The House of Delegates, and 
consist of two Representatives, to be chosen for each county, and 



3816 Virginia— 1776 

for the district of West- Augusta, annually, of such men as actually 
reside in, and are freeholders of the same, or duly qualified according 
to law, and also of one Delegate or Representative, to be chosen an- 
nually for the city of Williamsburgh, and one for the borough of 
Norfolk, and a Representative for each of such other cities and bor- 
oughs, as may hereafter be allowed particular representation by the 
legislature; but Avhen any city or borough shall so decrease, as that 
the number of persons, having right of suffrage therein, shall have 
been, for the space of seven years successively, less than half the 
number of voters in some one county in Virginia, such city or bor- 
ough thenceforward shall cease to send a Delegate or Representative 
to the Assembly. 

The other shall be called The Senate^ and consist of twenty-four 
members, of whom thirteen shall constitute a House to proceed on 
business; for whose election, the different counties shall be divided 
into twenty-four districts; and each county of the respective dis- 
trict, at the time of the election of its Delegates, shall vote for one 
Senator, who is actually a resident and freeholder within the district, 
or duly qualified according to laAv, and is upwards of twenty-five 
years of age; and the Sheriffs of each county, within five days at 
farthest, after the last county election in the district, shall meet at 
some convenient place, and from the poll, so taken in their respective 
counties, return, as a Senator, the man who shall have the gi-eatest 
number of votes in the whole district. To keep up this Assembly by 
rotation, the districts shall be equally divided into four classes and 
numbered by lot. At the end of one year after the general election, 
the six members, elected by the first division, shall be displaced, and 
the vacancies thereby occasioned supplied from such class or division, 
by new election, in the manner aforesaid. This rotation shall be ap- 
plied to each division, according to its number, and continued in due 
order annually. 

The right of sufi'rage in the election of members for both Houses 
shall remain as exercised at present ; and each House shall choose its 
own Speaker, aj^point its own officers, settle its own rules of proceed- 
ing, and direct writs of election, for the supplying intermediate 
vacancies. 

All laws shall originate in the House of Delegates, to be approved 
of or rejected by the Senate, or to be amended, with consent of the 
House of Delegates; except money-bills, which in no instance shall 
be altered by the Senate, but wholly approved or rejected. 

A Governor, or chief magistrate, shall be chosen annually by joint 
ballot of both Houses (to be taken in each House respectively) 
deposited in the conference room; the boxes examined jointly by a 
committee of each House, and the numbers severally reported to them, 
that the appointments may be entered (which shall be the mode of 
taking the joint ballot of both Houses, in all cases) who shall not 
continue in that office longer than three years successively, nor be 
eligible, until the expiration of four years after he shall have been 
out of that office. An adequate, but moderate salary shall be settled 
on him, during his continuance in office ; and he shall, with the advice 
of a Council of State, exercise the executive powers of government, 
according to the laws of this Commonwealth; and shall not, under 
any pretence, exercise any power or prerogative, by virtue of any 



Virginia— 1776 3817 

law, statute or custom of England. But he shall, with the advice of 
the Council of State, have the power of granting reprieves or par- 
dons, except where the prosecution shall have been carried on by the 
House of Delegates, or the law shall otherwise particularly direct; 
in which cases, no reprieve or pardon shall be granted, but by resolve 
of the House of Delegates. 

Either House of the General Assembly may adjourn themselves 
respectively. The Governor shall not prorogue or adjourn the As- 
sembly, during their sitting, nor dissolve them at any time; but he 
shall, if necessary, either by advice of the Council of State, or on 
application of a majority of the House of Delegates, call them before 
the time to which they shall stand prorogued or adjourned. 

A Privy Council, or Council of State, consisting of eight members, 
shall be chosen, by joint ballot of both Houses of Assembly, either 
from their own members or the people at large, to assist in the admin- 
istration of government. They shall annually choose, out of their 
own members, a President, who, in case of death, inability, or absence 
of the Governor from the government, shall act as Lieutenant-Gov- 
ernor. Four members shall be sufficient to act, and their advice and 
proceedings shall be entered on record, and signed by the members 
present, (to any part whereof, any member may enter his dissent) to 
be laid before the General Assembly, when called for by them. This 
Council may appoint their own Clerk, who shall have a salary settled 
by law, and take an oath of secrecy, in such matters as he shall be 
directed by the board to conceal. A sum of money, appropriated to 
that purpose, shall be divided annually among the members, in pro- 
portion to their attendance ; and they shall be incapable, during their 
continuance in office, of sitting in either House of Assembly. Two 
members shall be removed, by joint ballot of both Houses of Assem- 
bly, at the end of every three years, and be ineligible for the three 
next years. These vacancies, as w^ell as those occasioned by death or 
incapacity, shall be supplied by new elections, in the same manner. 

The Delegates for Virginia to the Continental Congress shall be 
chosen annually, or superseded in the mean time, by joint ballot of 
both Houses of Assembly. 

The present militia officers shall be continued, and vacancies sup- 
plied by appointment of the Governor, with the advice of the Privy- 
Council, on recommendations from the respective County Courts ; but 
the Governor and Council shall have a power of suspending any 
officer, and ordering a Court Martial, on complaint of misbehaviour 
or inability, or to supply vacancies of officers, happening when in 
actual service. 

The Governor may embody the militia, with the advice of the Privy 
Council; and when embodied, shall alone have the direction of the 
militia, under the laws of the country. 

The two Houses of Assembly shall, by joint ballot, appoint Judges 
of the Supreme Court of Appeals, and General Court, Judges in 
Chancery, Judges of Admiralty, Secretary, and the Attorney-General, 
to be commissioned by the Governor, and continue in office during 
good behaviour. In case of death, incapacity, or resignation, the 
Governor, with the advice of the Privy Council, shall appoint per- 
sons to succeed in office, to be approved or displaced by both Houses. 
These officers shall have fixed and adequate salaries, and, together 



3818 Virginia— 1776 

with all others, holding lucrative otRces, and all ministers of the 
gospel, of every denomination, be incapable of being elected members 
of either House of Assembly or the Privy Council. 

The Governor, with the advice of the Privy Council, shall appoint 
Justices of the Peace for the counties; and in case of vacancies, or a 
necessity of increasing the number hereafter, such appointments to 
be made upon the recommendation of the respective County Courts. 
The present acting Secretary in Virginia, and Clerks of all the 
County Courts, shall continue in office. In case of vacancies, either 
by death, incapacity, or resignation, a Secretary shall be appointed, 
as before directed; and the Clerks, by the respective Courts. The 
present and future Clerks shall hold their offices during good be- 
haviour, to be judged of, and determined in the General Court. The 
Sheriffs and Coroners shall be nominated by the respective Courts, 
approved b}^ the Governor, with the advice of the Privy Council, and 
commissioned by the Governor. The Justices shall appoint Con- 
stables ; and all fees of the aforesaid officers be regulated by law. 

The Governor, when he is out of office, and others, offending against 
the State, either by mal-administration, corruption, or other means, 
b}' which the safety of the State may be endangered, shall be im- 
peachable by the House of Delegates. Such iuipeachment to be 
prosecuted by the Attorney-General, or such other person or persons, 
as the House may ajjpoint in the (Tcneral Court, according to the laws 
of the land. If found guilty, he or they shall be either forever disa- 
bled to hold any office under government, or be removed from such 
office pro tempore, or subjected to such pains or penalties as the laws 
shall direct. 

If all or any of the Judges of the General Court should on good 
grounds (to be judged of by the House of Delegates) be accused of 
any of the crimes or offences above mentioned, such House of Dele- 
gates may, in like manner, impeach the Judge or Judges so accused, 
to be prosecuted in the Court of Appeals; and he or they, if found 
guilty, shall be punished in the same manner as is prescribed in the- 
preceding clause. 

Commissions and grants shall run, "/n the name of the Common- 
wealth of Virginia,'''' and bear test by the Governor, with the seal of 
the Commonwealth annexed. "Writs shall run in the same manner, 
and bear test by the Clerks of the several Courts. Indictments shall 
conclude, '"'•Ar/aliist the peace and digniti/ of the Commona^ealth?'' 

A Treasurer shall be appointed annually, by joint ballot of both 
Houses. 

All escheats, penalties, and forfeitures, heretofore going to the 
King, shall go to the CommonAvealth, save only such as the Legisla- 
ture may abolish, or otherwise provide for. 

The territories, contained within the Charters, erecting the Colonies 
of Marvland, Pennsylvania, North and South Carolina, are hereby 
ceded, released, and forever confirmed, to the peojjle of these Colo- 
nies respectively, with all the rights of propertv, jurisdiction and 
government, and all other rights Avhatsoever, which might, at any 
time heretofore, have been claimed by Virginia, except the free navi- 
gation and use of the rivers Patomaque and Pokomoke, with the 
property of the Virginia shores and strands, bordering on either of 
the said rivers, and all improvements, which have been, or shall be 
made thereon. The western and northern extent of Virginia shall. 



Virginia— 1830 3819 

in all other respects, stand as fixed by the Charter of King James I. 
in the year one thousand six hundred and nine, and by the public 
treaty of peace between the Courts of Britain and France, in the year 
one thousand seven hundred and sixty-three; unless by act of this 
Legislature, one or more governments be established westward of the 
Alleghany mountains. And no purchases of lands shall be made of 
the Indian natives, but on behalf of the public, by authority of the 
General Assembly. 

In order to introduce this government, the Representatives of the 
people met in the convention shall choose a Governor and Privy 
Council, also such other officers directed to be chosen by both Houses 
as may be judged necessary to be immediately appointed. The Sen- 
ate to be first chosen by the people, to continue until the last day of 
March next, and the other officers until the end of the succeeding 
session of Assembly. In case of vacancies, the Speaker of either 
House shall shall issue writs for new elections. 

CONSTITUTION OF VIRGINIA— 1830 * « » 

\^niereas 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 in- 
trusted with the exercise of the kingly office in the government of 
Virginia, had endeavored to pervert the same into a detestable and 
insupportable tyrannj'', 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 sus- 
pended 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 legis- 
lature; by dissolving legislative assemblies repeatedly and continu- 
ally 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 for- 
eigners ; by keeping among us, in time of jDeace, 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 

* Vertified by " Proceedings and Debates of tlie Virginia State Convention of 
1829-30. To which are subjoined the new Constitution of Virginia and the 
votes of the People. Richmond : Printed by Samuel Shepherd & Co., for Ritchie 
& Cook, 1830," pp. 919. 

1 This constitution was framed by a convention which assembled at Richmond 
October 5, 1829, and completed its labors .January 14, 1830. It was submitted 
to the people and ratified by 26.055 votes against 15,503 votes. 

* " Journal, acts and proceedings of a General Convention of the Common- 
wealth of Virginia, assembled in Richmond, on Monday, the Fifth Day of Octo- 
ber, in the year of our Lord One Thousand Eight Hundred and Twenty-nine. 
Richmond : Printed by Thomas Ritchie. 1829." 302 pp. " Reports " 185 pp. 
" Constitution " 8 pp. 



3820 Virginia— 1830 

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 to be tried for pretended 
offences, for suspending our own legislatures, and declaring them- 
f^elves 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 among us, those very ne- 
groes whom, by an inhuman use of his negative, he had refused us 
j)ermission to exclude by law ; by endeavoring to bring on the inhabi- 
tants of our frontiers tlie 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 for- 
eign mercenaries, to complete the work of death, desolation, and 
tvranny, then already begun, with circumstances of cruelty and per- 
fidy unworthy the head of a civilized nation; by ansAvering our re- 
peated 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 gov- 
ernment of this country, as before exercised under the crown of (Ireat 
Britain, was totally dissolved, did, therefore, having maturely con- 
sidered the premises, and viewing with great concern the dejjlorable 
condition to Avhich this once happy country would be reduced unless 
some regular, adequate mode of civil polity 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 the general assembly of Virginia, by an act passed on 
the tenth day of February, in the year of our Lord one thousand 
eight hundred and twenty-nine, entitled "An act to organize a con- 
vention." did authorize and provide for the election, by the people, 
of delegates and representatives, to meet and assemble, in general 
convention, at the capital in the city of Richmond, on the first Mon- 
dav of October, in the year last aforesaid, to consider, discuss, and 
propose a new constitution, or alterations and amendments to the 
existing constitution of this commonwealth, to be submitted to the 
people, and to be by them ratified or rejected : 

We, therefore, the delegates and representatives of the good people 
of Virginia, elected and in convention assembled, in pursuance of the 
said act of assembly, do submit and j)ropose to the people the follow- 
ing amended constitution and form of government for this common- 
wealth, that is to say : 

Article I 

The declaration of rights made on the 12th June, 1776, by the rep- 
resentatives of the good people of Virginia, assembled in full and 
free convention, which pertained to them and their posterity, as the 
basis and foundation of government, requiring in the opinion of this 
convention no amendment, shall be prefixed to this constitution, and 
have the same relation thereto as it had to the former constitution of 
this commonwealth." 

"This declaration of rights can be found on jiage 3si2. 



Virginia— 1830 3821 

Article II 

The legislative, executive, and judiciary departments shall be sepa- 
rate and distinct, so that neither exercise the powers properly be- 
longing to either of the others; nor shall any person exercise the 
powers of more than one of them at the same time, except that the 
justices of the county courts shall be eligible to either house of 
assembly. 

Article III 

Section 1. The legislature shall be formed of two distinct branches, 
which together shall be a complete legislature, and shall be called 
" the general assembly of Virginia." 

Sec. 2. One of these shall be called the house of delegates, and shall 
consist of one hundred and thirty-four members, to be chosen, annu- 
ally, for and by the several counties, cities, towns, and boroughs of the 
commonwealth ; whereof thirty-one delegates shall be chosen for and 
by the twenty-six counties lying w^est of the Alleghany Mountains ; 
twenty-five for and by the fourteen counties lying between the Alle- 
ghany and Blue Riclge of mountains; forty-two for and by the 
twenty-nine counties lying east of the Blue Ridge of mountains and 
above tide-water, and thirty-six for and by the counties, cities, towns, 
and boroughs lying upon tide-water, that is to say: Of the twenty- 
six counties lying west of the Alleghany, the counties of Harrison, 
Montgomery, Monongalia, Ohio, and Washington shall each elect 
two delegates; and the counties of Brooke, Cabell, Grayson, Green- 
brier, Giles, KanaAvha, Lee, Lewis, Logan, Mason, Monroe, Nicholas, 
Pocahontas, Preston, Randolph, Russell, Scott, Tazew^ell, Tyler, 
Wood, and Wythe shall each elect one delegate. Of the fourteen 
counties lying between the Alleghany and Blue Ridge, the counties 
of Frederick and Shenandoah shall each elect three delegates; the 
counties of Augusta, Berkeley, Botetourt, Hampshire, Jefferson, Rock- 
ingham, and Rockbridge shall each elect two delegates; and the 
counties of Alleghany, Bath, Hardy, Morgan, and Pendleton shall 
each elect one delegate. Of the twenty-nine counties lying east of 
the Blue Ridge and above tide-water, the county of Loudoun shall 
elect three delegates; the counties of Albemarle, Bedford, Bruns- 
wick, Buckingham, Campbell, Culpeper, Fauquier, Franklin, Hali- 
fax, Mecklenburg, and Pittsylvania shall each elect two delegates; 
and the counties of Amelia, Amherst, Charlotte, Cumberland, Din- 
widdle, Fluvanna, Goochland, Henry, Louisa, Lunenburg, Madison, 
Nelson, Nottoway, Orange, Patrick, Powhatan, and Prince Edward 
shall each elect one delegate. And of the counties, cities, towns, and 
boroughs lying on tide-water, the counties of Accomack and Norfolk 
shall each elect two delegates; the counties of Caroline, Chesterfield, 
Essex, Fairfax, Greenesville, Gloucester, Hanover, Henrico, Isle of 
Wight, King and Queen, King William, King George, Nansemond, 
Northumberland, Northampton, Princess Anne, Prince George, 
Prince William, Southampton, Spottsylvania, Stafford, Sussex, 
Surry, and Westmoreland, and the city of Richmond, the borough of 
Norfolk, and the town of Petersburg, shall each elect one delegate; 
the counties of Lancaster and Richmond shall together elect one dele- 
gate; the counties of Matthews and Middlesex shall together elect 
one delegate; the counties of Elizabeth City and Warwick shall 



3822 Virginia— 18S0 

together elect one delegate ; the counties of James City and York, and 
the city of Williamsburg, shall together elect one delegate; and the 
counties of New Kent and Charles City shall together elect one dele- 
gate. 

Sec. 3. The other house of the general assembly shall be called the 
senate, and shall consist of thirty-two members, of whom thirteen 
shall be chosen for and by the counties lying west of the Blue Ridge 
of mountains, and nineteen for and by the counties, cities, towns, and 
boroughs lying east thereof; and for the election of whom the coun- 
ties, cities, towns, and boroughs shall be divided into thirty-two dis- 
tricts, as hereinafter provided. Each county of the respective dis- 
tricts, at the time of the first election of its delegate or delegates 
under this constitution, shall vote for one senator; and the sheriffs 
or other officers holding the election for each county, city, town, or 
borough within five days at farthest after the last county, city, town, 
or borough election in the district, shall meet at some convenient 
place, and from the polls so taken in their respective counties, cities, 
towns, or boroughs, return as a senator the person who shall have 
the greatest number of votes in the whole district. To keep up this 
assembl}^ by rotation, the districts shall be equally divided into four 
classes, and numbered by lot. At the end of one year after the first 
general election, the eight members elected by the first division shall 
be displaced, and the vacancies thereby occasioned supplied from 
such class or division by new election in the manner aforesaid. This 
rotation shall be applied to each division according to its number, 
and continued in due order annually. And for the election of sena- 
tors, the counties of Brooke, Ohio, and Tyler shall form one district ; 
the counties of Monongalia, Preston, and Randolph shall form an- 
other district ; the counties of Harrison, Lewis, and Wood shall 
form another district; the counties of Kanawha, Mason, Cabell, 
Logan, and Nicholas shall form another district ; the counties of 
Greenbrier, Monroe, Giles, and Montgomery shall form another 
district; the counties of Tazewell, Wythe, and Grayson shall form 
another district ; the counties of Washington, Russell, Scott, and Lee 
shall form another district; the counties of Berkeley, Morgan, and 
Hampshire, shall form another district ; the counties of Frederick 
and Jefferson shall form another district; the counties of Shenan- 
doah and Hardy shall form another district; the counties of Rock- 
ingham and Pendleton shall form another district ; the counties of 
Augusta and Rockbridge shall form another district ; the counties 
of x^lleghany, Bath, Pocahontas, and Botetourt shall form another 
district; the counties of Loudoun and Fairfax shall form another 
district; the counties of Fauquier and Prince William shall form 
another district; the counties of Stafford, King George, Westmore- 
land, Richmond, Lancaster, and Northumberland shall form another 
district ; the counties of Culpeper, Madison, and Orange shall form 
another district ; the counties of Albemarle, Nelson, and Amherst 
shall form another district ; the counties of Fluvanna, Goochland, 
Louisa, and Hanover shall form another district; the counties of 
Spottsylvania, Caroline, and Essex shall form another district; the 
counties of King and Queen, King William, Gloucester, Matthews, 
and Middlesex shall form another district; the counties of Acco- 
mack, Northampton, Elizabeth City, York, and Warwick, and the 
city of Williamsburg, shall form another district; the counties of 



Virginia— 18S0 3823 

Charles City, James City, New Kent, and Henrico, and the city of 
Richmond, shall form another district ; the coimties of Bedford and 
Franklin shall form another district; the counties of Buckingham, 
Campbell, and Cumberland shall form another district; the coun- 
ties of Patrick, Henry, and Pittsylvania shall form another district; 
the counties of Halifax and Mecklenburg shall form another district; 
the counties of Charlottie, Lunenburg, Nottoway, and Prince Edward 
shall form another district; the counties of Amelia, Powhatan, and 
Chesterfield, and the town of Petersburg, shall form another district ; 
the counties of Brunswick, Dinwiddle, and Greenesville shall form 
another district ; the counties of Isle of Wight, Prince George, South- 
ampton, Surry, and Sussex shall form another district; and the 
counties of Norfolk, Nansemond, and Princess Anne, and the bor- 
ough of Norfolk, shall form another district. 

Sec. 4. It shall be the duty of the legislature to reapportion, once 
in ten years, to wit, in the year 1841, and every ten years thereafter, 
the representation of the counties, cities, towns, and boroughs of 
this commonwealth, in both of the legislative bodies: Pronided^ hotc- 
ever, That the number of delegates from the aforesaid great dis- 
tricts, and the number of senators from the aforesaid two great 
divisions, respectively, shall neither be increased nor diminished by 
such reapportionment. And when a new county shall hereafter be 
created, or any city, town, or borough, not now entitled to separate 
representation in the house of delegates, shall have so increased in 
population as to be entitled, in the oj)inion of the general assembly, 
to such representation, it shall be the duty of the general assembly 
to make provision by law for securing to the people of such new 
county, or such city, town, or borough, an adequate representation. 
And if the object cannot otherwise be effected, it shall be competent 
to the general assembly to reapportion the whole representation 
of the great district containing such new county, or such city, town^ 
or borough, within its limits; which reapportionment shall continue 
in force till the next regular decennial reapportionment. 

Sec. 5. The general assembly, after the year 1841, and at inter- 
vals thereafter of not less than ten years, shall have authority, two- 
thirds of each house concurring, to make reapportionments of dele- 
gates and senators throughout the commonwealth, so that the number 
of delegates shall not at any time exceed one hundred and fifty, nor 
of senators thirty-six. 

Sec. 6. 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, boroughs, and towns of the State, according to their 
respective numbers, which shall be determined by adding to the 
whole number of persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all 
other persons. 

Sec. 7. Any person may be elected a senator who shall have 
attained to the age of thirty years, and shall be actually a resident 
and freeholder within the district, qualified by virtue of his freehold 
to vote for members of the general assembly according to this con- 
stitution. And any person may be elected a member of the house of 
delegates who shall have attained the age. of twenty-five years, and 
shall be actually a resident and freeholder within the county, city, 



3824 Virginia— 1830 

town, borough, or election district, qualified by virtue of his freehold 
to vote for members of the general assembly according to this con- 
stitution: Pronided, That all persons holding lucrative offices, and 
ministers of the gospel, and priests of every denomination, shall be 
incapable of being elected members of either house of assembly. 

Sec. 8. The members of the assembly shall receive for their serv- 
ices a compensation to be ascertained bj^ law, and paid out of the 
public treasury ; but no law increasing the compensation of the mem- 
bers shall take effect until the end of the next annual session after 
such law shall have been enacted. And no senator or delegate shall, 
during the term for which he shall have been elected, be appointed 
to any civil office of profit under the commonwealth, which shall 
have been created, or the emoluments of which shall have been 
increased, during such term, except such offices as may be filled by 
elections by the people. 

Sec. 9. The general assembly shall meet once or oftener every year. 
Neither house, during the session of the legislature, 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 each house shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and shall be 
authorized to compel the attendance of absent members, in such man- 
ner and under such penalties as each house may provide. And each 
house shall choose its own speaker, a])point its own officers, settle 
its own rules of proceeding, and direct writs of election for supply- 
ing intermediate vacancies. But if vacancies shall occur by death 
or resignation, during the recess of the general assembly, 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 its members for dis- 
orderly behavior, and, with the concurrence of two-thirds, expel a 
member, but not a second time for the same offence. 

Sec. 10. All laws shall originate in the house of delegates, to be 
approved or rejected by the senate, or to be amended with the consent 
of the house of delegates. 

Sec. 11. The privilege of the writ of habeas corpus shall not in any 
case be suspended. The legislature shall not pass any bill of attain- 
der, 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 abrido-jno- 
the freedom of speech, or of the press. Xo man shall be compelled to 
frequent or support any religious worship, place, or ministry what- 
soever; nor shall any man be enforced, restrained, molested, or bur- 
dened 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 no wise affect, diminish, or enlarge their civil 
capacities. And the legislature shall not prescribe any religious test 
whatever; nor confer any jDeculiar privileges or advantages on any 
one sect or denomination ; nor pass any law requiring or authorizing 
any religious society, or the people of any district within this com- 
monwealth, to levy on themselves or others any tax for the erection 
or repair of any house for public worship, or for the support of any 
church or ministry, but it shall be left free to every person to select 



Virginia— 1830 3825 

his religious instructor, and make for his support such private con- 
tract as he shall please. 

Sec. 12. The legislature may provide by law that no person shall 
be capable of holding or being elected to any post of profit, trust, or 
emolument, civil or military, legislative, executive, or judicial, under 
the government of this commonwealth, who shall hereafter fight a 
duel, or send or accept a challenge to fight a duel, the probable 
issue of which may be the death of the challenger or challenged, or 
who shall be a second to either party, or shall in any manner aid 
or assist in such duel, or shall be knowingly the bearer of such 
challenge or acceptance; but no person shall be so disqualified by 
reason of his having heretofore fought such duel, or sent or accepted 
such challenge, or been a second in such duel, or bearer of such chal- 
lenge or acceptance. 

Sec. 13. The governor, the judges of the court of appeals and supe- 
rior courts, and all others offending against the State, either by mal- 
administration, corru]3tion, neglect of duty, or any other high crime 
or misdemeanor, shall be impeachable by the house of delegates; 
such impeachment to be prosecuted before the senate, which shall 
have the sole power to try all impeachments. When sitting for that 
purpose, the senate shall be on oath or affirmation, and no person shall 
be convicted without the concurrence of two-thirds of the members 
present. Judgment, in cases of impeachment, shall not extend fur- 
ther than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the commonwealth; 
but the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment according to law. 

Sec. 14. Every Avhite male citizen of the commonwealth, resident 
therein, aged twenty-one years and upAvards, being qualified to exer- 
cise the right of suffrage according to the former constitution and 
laws; and every such citizen being possessed, or whose tenant for 
years, at will, or at sufferance is possessed, of an estate or freehold 
in land of the value of twenty-five dollars, and so assessed to be if 
any assessment thereof be required by law ; and every such citizen 
being possessed as tenant in common, joint tenant, or partner of an 
interest in or share of land, and having an estate of freehold therein, 
such interest or share being of the value of twenty-five dollars, and 
so assessed to be if any assessment thereof be required by law ; and 
every such citizen being entitled to a reversion or vested remainder 
in fee, expectant on an estate for life or lives, in land of the value 
of fifty dollars, and so assessed to be if any assessment thereof be 
required by law, (each and every such citizen, unless his title shall 
have come to him by descent, devise, marriage, or marriage settle- 
ment, having been so possessed or entitled for six months;) and every 
such citizen who shall own and be himself in actual occupation of 
a leasehold estate, with the evidence of title recorded two months 
before he shall offer to vote, of a term originally not less than five 
years, of the annual value or rent of twenty dollars ; and every such 
citizen who for twelve months next preceding has been a housekeeper 
and head of a family within the county, city, town, borough, or elec- 
tion district where he may offer to vote, and shall have been assessed 
with a part of the revenue of the commonAvealth within the preced- 
ing year, and actually paid the same, and no other persons, shall be 



3826 Virginia— 1830 

qualified to vote for members of the general assembly in the county, 
city, town, or borough, respectively, wherein such land shall lie, or 
such housekeeper and head of a family shall live. And in case of 
two or more tenants in common, joint tenants, or parceners in pos- 
session, reversion, or remainder, having interest in land, the value 
whereof shall be insufficient to entitle them all to vote, the}^ shall 
together have as man}'^ votes as the value of the land shall entitle 
them to ; and the legislature shall by law provide the mode in which 
their vote or votes shall in such case be given: Prorided, neverthe- 
less, That the right of suffrage shall not be exercised by any person 
of unsound mind, or who shall be a pauper, or a non-commissioned 
officer, soldier, seaman, or marine in the service of the United States, 
or by any person convicted of any infamous offence. 

Sec. 15. In all elections in this commonwealth to any office or place 
of trust, honor, or profit, the votes shall be given openly, or viua voce, 
and not by ballot. 

Article IV 

Section 1. The chief executive power of this commonwealth shall 
be vested in a governor, to be elected by the joint vote of the two 
houses of the general assembly. He shall hold his office during the 
term of three years, to commence on the first claj'^ of January next 
succeeding his election, or on such other day as may from time to 
time be prescribed by law ; and he shall be ineligible to that office 
for three years next after his term of service shall have expired. 

Sec. 2. No person shall be eligible to the office of governor, unless 
he shall have attained the age of thirty 3^ears, shall be a native citi- 
zen of the United States, or shall have been a citizen thereof at the 
adoption of the Federal Constitution, and shall have been a citizen 
of this commonwealth for five years next preceding his election. 

Sec. 3. The governor shall receive for his services a compensation 
to be fixed by law, which shall be neither increased nor diminished 
during his continuance in office. 

Sec. 4. He shall take care that the laws be faithfully executed, 
shall communicate to the legislature at every session the condition of 
the commonwealth, and recommend to their consideration such meas- 
ures as he may deem expedient. He shall be commander-in-chief 
of the land and naval forces of the State. He shall have power to 
embody the militia, when in his opinion the public safety shall re- 
quire it; to convene the legislature on application of a majority of 
the members of the house of delegates, or wdien, in his opinion, the 
interest of the commonwealth may require it; to grant reprieves 
and pardons, except where the prosecution shall have been carried 
on by the house of delegates, or the law shall otherwise particularly 
direct; to conduct, either in person or in such manner as shall he 
prescribed by law, all intercourse with other and foreign States ; and 
during the recess of the legislature, to fill, pro te?npore, all vacancies 
in those offices which it may be the duty of the legislature to fill per- 
manently: Provided, That his appointments to such vacancies shall 
be by commissions to expire at the end of the next succeeding session 
of the general assembly. 

Sec. 5. There shall be a council of state, to consist of three mem- 
bers, any one or more of ' whom may act. They shall be elected by 



Virginia— 1830 3827 

joint vote of both houses of the general assembly, and remain in 
office three years. But of those first elected, one, to.be designated by 
lot, shall remain in office one year only, and one other, to be desig- 
nated in like manner, shall remain in office for two years only. 
Vacancies occurring by expiration of the term of service, or other- 
wise, shall be supplied by elections made in like manner. The gov- 
ernor shall, before he exercises any discretionary power conferred 
on him by the constitution and laws, require the advice of the coun- 
cil of state, which advice shall be registered in books kept for that 
purpose, signed by the members present and consenting thereto, and 
laid before the general assembly when called for by them. The coun- 
cil shall appoint their own clerk, wdio shall take an oath to keep 
secret such matters as he shall be ordered by the board to conceal. 
The senior councillor shall be lieutenant-governor, and in case of the 
death, resignation, inability, or absence of the governor from the seat 
of government, shall act as governor. 

Sec. G. The manner of appointing militia officers shall be provided 
for by law ; but no officer below the rank of a brigadier-general shall 
be appointed by the general assembly. 

Sec. T. Commissions and grants shall run in the name of the com- 
monwealth of Virginia, and bear test by the governor, with the seal 
of the commonwealth annexed. 

Article V 

Section 1. The jiidicial power shall be vested in a supreme court 
of appeals, in such superior courts as the legislature may from time 
to time ordain and establish, and the judges thereof, in the county 
courts, and in justices of the peace. The legislature may also vest 
such jurisdiction as shall be deemed necessary in corporation courts, 
and in the magistrates w^ho may belong to the corporate body. The 
jurisdiction of these tribunals, and of the judges thereof, shall be 
regulated by law. The judges of the supreme court of appeals and 
of the superior courts shall hold their offices during good behavior, or 
until removed in the manner prescribed in this constitution, and shall, 
at the same time, hold no other offic^, appointment, or public trust, 
and the acceptance thereof by either of them shall vacate his judicial 
, office. 

Sec. "2. No law abolishing any court shall be construed to deprive 
a judge thereof of his office, unless two-thirds of the members of- each 
house present concur in the passing thereof ; but the legislature may 
assign other judicial duties to the judges of courts abolished by any 
law enacted by less than two-thirds of the members of each house 
present. 

Sec. 3. The present judges of the supreme court of appeals, of the 
general court, and of the supreme courts of chancery, shall remain in 
office until the termination of the session of the first legislature elected 
under this constitution and no longer. 

Sec. 4. The judges of the supreme court of appeals and of the supe- 
rior courts shall be elected by the joint vote of both houses of the 
general assembly'. 

Sec. 5. The judges of the supreme court of appeals and of the supe- 
rior courts shall receive fixed and adequate salaries, which shall not 
be diminished during their continuance in office. 



3828 Virginia— 1830 

* 

Sec. 6. Judges may be removed from office by a concurrent vote of 
both houses of the general assembly; but two-thirds of the members 
present must concur in such vote, and the cause of removal shall be 
entered on the journals of each. The judge against whom the legisla- 
ture may be about to proceed shall receive notice thereof, accompanied 
with a copy of the causes alleged for his removal, at least twenty 
days before the day on wdiich either house of the general assembly 
shall act thereupon. 

Sec. 7. On the creation of any new county, justices of the peace 
shall be appointed, in the first instance, in such manner as may be 
prescribed by law. AA^ien vacancies shall occur in an}^ county, or it 
shall, for any cause, be deemed necessary to increase the number, 
appointments shall be made by the governor, on the reconnnenda- 
tion of the respective county courts. 

Sec. 8. The attorney-general shall be appointed by joint vote of 
the two houses of the genei'al assembly, and commissioned by the gov- 
ernor, and shall hold his office during the pleasure of the general 
assembly. The clerks of the several courts, when vacancies shall 
occur, shall be appointed by their respective courts, and the tenure of 
office, as well of those now in office as of those who may be hereafter 
appointed, shall be prescribed by law. The sheriffs and coroners 
shall be nominated by the respective county courts, and when 
approved by the governor shall be commissioned by him. The 
judges shall appoint constables. And all fees of the aforesaid offi- 
cers shall be regulated by law. 

Sec. 9. Writs shall run in the name of the commonwealth of Vir- 
ginia, and bear test by the clerks of the several courts. Indictments 
shall conclude, " against the peace and dignity of the commonwealth.'' 

Article VI 

A treasurer shall be appointed annually by joint vote of both 
houses. 

Article VII 

The executive department of the government shall remain as at 
present organized, and the governor and privy councillors shall con- 
tinue in office until a governor, elected under this constitution-, shall 
come. into office; and all other persons in office when this constitu- 
tion shall be adopted, except as is herein otherwise expressly directed, 
shall continue in office till successors shall be appointed, or the law 
shall otherwise provide; and all the courts of justice now exist- 
ing shall continue with their present jurisdiction, until and except so 
far as the judicial system may or shall be hereafter otherwise organ- 
ized by the legislature. 

Done in convention, in the city of Richmond, on the fifteenth day 
of January, in the year of our Lord one thousand eight hundred and 
thirty, and in the fifty-fourth year of the Independence of the United 
States of America. 

Philip P. Barbour, President. 

D. Briggs, Secretary, 



Virginia— 1850 3829 

SCHEDULE 

■ Ordered^ that the roll containing the draft of the amended Consti- 
tution adopted by this Convention, and by it submitted to the people 
of this Commonwealth, for their ratification, or rejection, be enclosed 
by the Secretary in a case proper for its preservation, and deposited 
among the archives of the Council of State. 

Ordered, that the Secretary, do cause the Journal of the proceed- 
ings of this Convention, to be entered in a well bound book, and after 
the same shall have been signed by the President, and attested by the 
Secretary that he deposit the same, together with all the original 
documents in the possession of the Convention, and connected with 
its proceedings among the archives of the council of State; and 
further, that he cause ten printed copies to be well bound, and de- 
posited in the Public Library. 

Ordered^ that the President of the Convention do certify a true 
copy of the amended Constitution to the General Assembly now in 
session; and that the General Assembly be, and they are hereby 
requested to make any additional provisions by law, which may be 
necessary and proper for submitting the same to the voters thereby 
qualified to vote for members of the General Assembly at the next 
April elections, and for organizing the Government under the 
amended Constitution, in case it '^hall be approved and ratified by 
such voters. 



CONSTITUTION OF VIRGINIA— 1850 * « 
BILL OF RIGHTS 

I. That all men are by nature equally free and independent, and 
have certain inherent rights, of which, w^hen 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. 

II. 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. 

III. 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 

* Verified by copy in the "Acts of the General Assembly of the State of Vir- 
ginia, Passed in ]866-(i7, in the ninety-first year of the Commonwealth. Rich- 
mond : J. E. Goode, Printer, 1867," pp. 757-771. 

"Jonrnal, Acts and Proceedings of a General Convention of the State of 
Virginia, assembled at Richmond, on Monday, October 14, 1850. Richmond : 
William Culley, Printer, 18.50. pp. 424, ap. 24, Reports. 

" Docnments containing Statistics of AMrginia, ordered to be printed by the 
State Convention sitting in the City of Richmond, 18.50-51. Richmond : William 
Culley. I'rinter, 1851. 1 vol. Svo. 

*The Bill of Rights of 1776 and the Constitution of 1S30 were amended by a 
Convention which assembled at Richmond October 14, 1830, and comi)leted its 
labors. August 1, 1851. The constitution was submitted to the people and ratified 
by over (>7,562 votes against over 9,938 votes — several counties not having been 
heard from. 

7535— VOL. 7—09 4 



3830 Virginia — 1850 

is capable of producing the greatest degree of happiness and safety, 
and is most effectually secured against the danger of maladministra- 
tion; and that, when any government shall be found inadequate or 
contrary to these purposes, a majority of the community hath an 
indubitable, inalienable, and indefeasible right to reform, alter, or 
abolish it, in such manner as shall be judged most conducive to the 
public weal. 

IV. That no man, or set of men, are entitled to exclusive or sepa- 
rate emoluments or privileges from the community, but in considera- 
tion of public services; which not being descendible, neither ought 
the offices of magistrate, legislator or judge, to be hereditary, 

V. That the legislative, executive, and judicial powers should be 
separate and distinct ; and that the members thereof may be re- 
strained 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 vacancies be supplied by frequent, certain, and regular elec- 
tions, in which all, or any part of the former members, to be again 
eligible, or ineligible, as the laws shall direct. 

VI. That all elections ought to be free; and that all men, having 
sufficient evidence of permanent common interest with, and attach- 
ment 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 representaives so elected, nor bound by any 
law to which the}^ have not, in like manner, assented, for the public 
good. 

VII. That all power of suspending laws, or the execution of laws, 
by any authority, without consent of the representatives of the peo- 
ple, is injurious to their rights, and ought not to be exercised. 

VIII. That in all capital or criminal prosecutions a man hath a 
right to demand the cause and nature of his accusation, to be con- 
fronted with the acusers 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 imanimous 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. 

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

X. 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 
offence is not particularly described and supported by evidence, are 
grievous and oppressive, and ought not to be granted. 

XL That in controversies respecting proi^erty, 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. 

XII. That the freedom of the press is one of the great bulwarks 
of liberty, and can never l)e restrained but by despotic governments. 

XIII. That a well-regidated militia, composed of the body of the 
people, trained to arms, is the proper, natural, and safe defeiice 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. 



Virginia— 1850 3831 

XIV. 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. 

XV. That no free government, or the blessings of liberty, can be 
l^reserved to any people but by a firm adherence to justice, modera- 
tion, temperance, frugalitj^, and virtue, and by a frequent recurrence 
to fundamental principles. 

XVI. 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 practise Christian 
forbearance, love, and charity towards each other. 

CONSTITUTION 

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 in- 
trusted 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 sus- 
pended, 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 legis- 
lature ; 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 for- 
eigners ; 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 larg-e 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 to be tried for pre- 
tended offences, for suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all cases whatso- 
ever ; 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 confisca- 
tion ; by prompting our negroes to rise in arms among 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 inhabit- 
ants of our frontiers the merciless Indian savages, whose known rule 



3832 Virginia— 1850 

of warfare is an imdistinguished destruction of all ages, sexes, and 
conditions of existence; by transporting hither a large army of for- 
eign mercenaries to complete the work of death, desolation, and 
tyranny, then already begun with circumstances of cruelty and per- 
fidy unworthy the head of a civilized nation; by answering our re- 
peated 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 gov- 
ernment of this country, as before exercised under the crown of Great 
Britain, was totally dissolved, did, therefore, having maturely con- 
sidered the jDremises, 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 
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 provide for the election, by the people, of delegates to meet in 
general convention, to consider, discuss, and propose a new constitu- 
tion, 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 pro- 
vide for submitting the same to the people for ratification or rejection : 

We, therefore, the delegates of the good peo])le of Virginia, elected 
and in convention assembled, in pursuance of said acts, do j^ropose 
to the people the following constitution and form of government for 
this commonwealth : 

Article I 

BILL OF RIGHTS 

The declaration of rights, as amended and prefixed to this consti- 
tution, shall have the same relation thereto as it had to the former 
constitution. 

Article II 

DIVISION or POWERS 

The legislative, executive, and judiciary departments shall be sep- 
arate and distinct, so that neither exercise the powers properly belong- 
ing 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 

Section 1. Every white male citizen of the commonwealth, of the 
age of twenty-one years, who has been a resident of the State for 
two years, and of the county, city, or town where he offers to vote 



Virginia— 1850 3833 

for twelve months next preceding an election, and no other person, 
shall be qualified to vote for members of the general assembly and all 
officers elective by the people; but 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. And no person shall 
have the right to vote who is of unsound mind, or a pauper, or a 
non-commissioned officer, soldier, seaman, or marine in the service of 
the United States, or who has been convicted of bribery in an elec- 
tion, or of any infamous offence. 

Sec. 2. The general assembly, at its first session after the adoption 
of this constitution, and afterwards 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. 

Sec. 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 attend- 
ance at elections, or in going to and returning from them. 

Sec. 4. In all elections votes shall be given openly, or 'viva 'voce, 
and not by ballot ; but dumb persons entitled to suffrage may vote by 
ballot. 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislature shall be formed of two distinct branches, 
which together shall be a complete legislature, and shall be called 
" the general assembly of Virginia." 

HOUSE OF DELEGATES 

Sec. 2. One of these shall be called the house of delegates, and 
shall consist of one hundred and fifty-two members, to be chosen 
bienniall}^ for and by the several counties, cities, and towns of the 
commonwealth, and distributed and apportioned as follows: 

The counties of Augusta and Rockingham and the city of Rich- 
mond shall each elect three delegates; the counties of Albemarle, 
Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Hali- 
fax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion, 
Monongalia, Monroe, Norfolk, Pittsylvania, Preston, Rockbridge, 
Shenandoah, and Washington shall each elect two delegates; the 
counties of Botetourt and Craig shall together elect two delegates . 

The counties of Accomack, Alexandria, Amherst, Appomattox, 
Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Char- 
lotte, Chesterfield, Clarke, Culpeper, Dinwiddle, Fairfax, Floyd, 
Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Han- 
over, Hardy, Henrico, Henry, Highland, Isle of Wight, Jack- 
son, King William, Lee, Lewis, Louisa, Lunenburg, Madison, Mar- 
shall, Mason, Mercer, Mecklenburg, Montgomery, Morgan, Nanse- 
mond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas, 
Princess Anne, Prince Edward, Prince William, Pulaski, Putnam, 



3834 Virginia— 1850 

Eandolpli, Kappahannock, Roanoke, Scott, Smyth, Southampton, 
Spotsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood, and 
Wythe, and the cities of Norfolk and Petersburg, shall each elect one 
delegate. 

The counties of Lee and Scott, in addition to the delegate to be 
elected by each, shall together elect one delegate. 

The following counties and cities shall compose election districts: 
Alleghany and Bath; Amelia and Nottoway; Boone, Wyoming, and 
Logan ; Braxton and Nicholas ; Charles City, James City, and New 
Kent; Cumberland and Powhatan; Doddridge and. Tyler; Eliza- 
beth City, Warwick, York, and the city of Williamsburg; Essex and 
King and Queen; Fayette and Raleigh; Gilmer and Wirt; Greene 
and Orange; Greenesville and Sussex; King George and Stafford; 
Lancaster and Northumberland ; Matthews and Middlesex ; Pleasants 
and Ritchie; Prince George and Surrey; and Richmond and West- 
moreland; each of which districts shall elect one delegate. 

At the first general election under this constitution, the county of 
Ohio shall elect three delegates,, and the counties of Brooke and Han- 
cock shall together elect one delegate; at the second general election, 
the county of Ohio shall elect two delegates, and the counties of 
Brooke and Hancock shall each elect one delegate; and so on, alter- 
nately, at succeeding general elections. 

At the first general election the county of Russell shall elect two 
delegates, and the county of Tazewell shall elect one delegate; at 
the second general election, the county of Tazewell shall elect tAvo 
delegates, and the county of Russell shall elect one delegate; and 
so on, alternately, at succeeding general elections. 

The general assembly shall have power, upon application of a 
majority of the voters of the county of Campbell, to provide, that 
instead of the tAvo delegates to be elected by said county, the town 
of Lynchburg shall elect one delegate, and the residue of the county 
of Campbell shall elect one delegate. 



Sec. 3. The other house of the general assembly shall be called the 
senate, and shall consist of fifty members, to be elected for the term 
of four 3'ears ; for the election of whom the counties, cities, and towns 
shall be divided into fifty districts. Each count}^ city, and town of 
the respective districts, at the time of the first election of its dele- 
gate or delegates under this constitution, shall vote for one senator; 
and the sheriffs or other officers holding the election for each county, 
city, and town, within five days at farthest after the last election in 
the district, shall meet at the court-house of the county or city first 
named in the district, and from the polls so taken in their respective 
counties, cities, and towns, return as senator the person who has 
received the greatest number of votes in the whole district. Upon 
the assembling of the senators so elected, they shall be divided in two 
equal classes, to be numbered by lot. The term of service of the sena- 
tors of the first class shall expire with that of the delegates first 
elected under this constitution, and of the senators of the second class 
at the expiration of two years thereafter; and this alternation shall 
be continued, so that one-half of the senators may be chosen every 
second year. 



Virginia— 1850 3835 

Sec. 4. For the election of senators — 

I. The counties of Accomack and Northampton shall form one 
district. 

II. The city of Norfolk shall be another district. 

III. The counties of Norfolk and Princess Anne shall form another 
district. 

IV. The counties of Isle of Wight, Nansemond, and Surry shall 
form another district. 

V. The counties of Sussex, Southampton, and Greenesville shall 
form another district. 

VI. The city of Petersburg and the county of Prince George shall 
form another district. 

VII. The counties of Dinwiddle, Amelia, and Brunswick shall 
form another district. 

VIII. The counties of Powhatan, Cumberland, and Chesterfield 
shall form another district. 

IX. The counties of Lunenburg, Nottoway, and Prince Edward 
shall form another district. 

X. The counties of Mecklenburg and Charlotte shall form another 
district. 

XL The county of Pittsylvania shall be another district. 

XII. The county of Halifax shall be another district. 

XIII. The counties of Henry, Patrick, and Franklin shall form 
another district. 

XIV. The county of Bedford shall be another district. 

XV. The counties of Campbell and Appomattox shall form 
another district. 

XVI. The city of Williamsburg and the counties of James City, 
Charles City, New Kent, York, Elizabeth City, and Warwick shall 
form another district. 

XVII. The counties of Henrico and Hanover shall form another 
district. 

XVIII. The city of Richmond shall be another district. 

XIX. The counties of Gloucester, Matthews, and Middlesex shall 
form another district. 

XX. The counties of Richmond, Lancaster, Northumberland, and 
Westmoreland shall form another district. 

XXI. The counties of King and Queen, King William, and Essex 
shall form another district. 

XXII. The counties of Caroline and Spottsylvania shall form 
another district. 

XXIII. The counties of Stafford, King George, and Prince Wil- 
liam shall form another district. 

XXIV. The counties of Fairfax and Alexandria shall form an- 
other district. 

XXV. The county of Loudoun shall be another district. 

XXVI. The counties of Fauquier and Rappahannock shall form 
another district. 

XXVII. The counties of Madison, CulpejDer, Orange, and Greene 
shall forni another district. 

XXVIII. The county of Albemarle shall be another district. 

XXIX. The counties of Louisa, Goochland, and Fluvanna shall 
form another district. 



3836 Virginia— 1850 

XXX. The counties of Nelson, Amherst, and Buckingham shall 
form another district. 

XXXI. The counties of Jefferson and Berkeley shall form another 
district. 

XXXII. The counties of Hampshire, Hardy, and Morgan shall 
form another district. 

XXXIII. The counties of Frederick, Clarke, and AVarren shall 
form another district. 

XXXIV. The counties of Shenandoah and Page shall form an- 
other district. 

XXXV. The counties of Rockingham and Pendleton shall form 
another district. 

XXXVI. The county of Augusta shall be another district. 

XXXVII. The counties of Bath, Highland, and Rockbridge shall 
form another district. 

XXXVIII. The counties of Botetourt, Alleghany', Roanoke, and 
Craig shall form another district. 

XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery, 
and Pulaski shall form another district. 

XL. The counties of Mercer, Monroe, Giles, and Tazewell shall 
form another district. 

XLL The counties of Smyth, AAS'the, and Washington shall form 
another district. 

XLII. The counties of Scott, Lee, and Russell shall form another 
district. 

XLIII. The counties of Boone, Logan, Kanawha, Putnam, and 
W.yoming shall form another district. 

XLIV. The counties of Nicholas, Fayette Pocahontas, Raleigh, 
Braxton, and Greenbrier shall form another district. 

XLV. The counties of Mason, Jackson, Cabell, Wayne, and Wirt 
shall form another district. 

XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants, 
and Wood shall form another district. 

XLVII. The counties of AVetzel, Marshall, Marion, and Tyler 
shall form another district. 

XLVIII. The counties of Upshur. Barbour, Lewis, Gilmer, and 
Randolph shall form another district. 

XLIX. The counties of Monongalia, Preston, and Taylor shall 
form another district. 

L. The counties of Brooke, Hancock, and Ohio shall form another 
district. 

APPORTIONMENT OF REPRESENTATION 

Sec. 5. It shall be the duty of the general assembly, in the year one 
thousand eight hundred and sixty-five, and in every tenth year 
thereafter, in case it can agree upon a principle of representation, 
to reapportion representation in the senate and house of delegates in 
accordance therewith; and in the event the general assembly, at the 
first or any subsequent period of reapportionment, shall fail to 
agree upon a principle of representation and to reapportion represen- 
tation in acordance therewith, each house shall separately propose a 
scheme of representation, containing a principle or ride for the 
house of delegates, in connection with a principle or rule for the 
senate. And it shall be the duty of the general assembly, at the same 



Virginia— 1850 3837 

session, to certify to the governor the principles or rules of repre- 
sentation which the respective houses may separately propose, to be 
ajjplied in making reapportionments in the senate ancl in the house 
of delegates; and the governor shall, as soon thereafter as may be, 
by proclamation, make known the propositions of the respective 
houses, and require the voters of the commonwealth to assemble at 
such time as he shall appoint, at their lawful places of voting, and 
decide by their votes betAveen the propositions thus presented. In 
the event the general assembly shall fail, in the year one thousand 
eight hundred and sixtj^-five, or in any tenth year thereafter, to make 
such reapportionment or certificate, the governor shall, immediately 
after the adjournment of the general assembly, by proclamation, 
require the voters of the commouAvealth to assemble, at such time 
as he shall appoint, at their lawful places of voting, and to declare 
by their votes — 

First, whether representation in the senate and house of delegates 
shall be apportioned on the " suffrage basis;" that is, according to the 
number of voters in the several counties, cities, towns, and senatorial 
districts of the commonwealth ; 

Or, second, whether representation in both houses shall be appor- 
tioned on the " mixed basis ; " that is, according to the number of 
white inhabitants, contained, ancl the amount of all State taxes paid, 
in the several counties, cities, and towns of the commonwealth, deduct- 
ing therefrom all taxes paid on licenses and law process, ancl any 
capitation tax on free negroes, allowing one delegate for every 
seventy-sixth part of said inhabitants, and one delegate for every 
seventy-sixth part of said taxes, and distributing the senators in like 
manner ; 

Or, third, whether representation shall be apportioned in the senate 
on taxation ; that is, according to the amount of all State taxes paid 
in the several counties, cities, and towns of the commonwealth, deduct- 
ing therefrom all taxes paid on licenses and law process, and any 
capitation-tax on free negroes, and in the house of delegates on the 
" suffrage basis " as aforesaid ; 

Or, fourth, whether representation shall be apportioned in the sen- 
ate on the " mixed basis " as aforesaid, and in the house of delegates 
on the " suffrage basis " as aforesaid ; and each voter shall cast his 
vote in favor of one of said schemes of apportionment, and no more. 

Sec. 6. It shall be the duty of the sheriffs and other officers taking 
said polls to keep the same open for the period of three days, and, 
within five days after they are closed, to certify true copies thereof to 
the governor, who shall, as early as may be, ascertain the result of 
said vote, and make proclamation thereof; and in case it is ascer- 
tained that a majority of all the votes cast is in favor of either of the 
principles of representation, referred as aforesaid to the choice of the 
voters, the governor shall communicate the result of such vote to the 
general assembly, at its first regular session thereafter ; but in case it 
is ascertained that a majority of all the votes cast is not in favor of 
either of the principles of representation referred as aforesaid to the 
choice of the voters, it shall be the duty of the governor, as soon as 
may be after ascertaining that fact, in like manner to cause the voters 
to decide between the two principles of representation which shall, at 
such previous voting, have received the greatest number of votes; and 
he shall ascertain and make proclamation of the result of the said 



3838 Virginia— 1850 

last vote, and communicate the same to the general assembly at its 
next regular session ; and in either case, the general assembly, at the 
regular session thereof which shall be held next after the taking of 
the vote, the result of which shall have been so communicated to it by 
the governor, shall reapportion representation in the two houses re- 
spectively in accordance with the principle of representation in each 
for which a majority of the votes cast were given; and it shall be the 
duty of the general assembly in every tenth year thereafter to reap- 
portion and distribute the number of senators and delegates in accord- 
ance with the same principle. 

QUALIFICATIONS OF SENATORS AND DELEGATES 

Sec. 7. Any person maj^ be elected senator who, at the time of elec- 
tion, has attained the age of twenty-five years, and is actually a resi- 
dent within the district, and qualified to vote for members of the gen- 
eral assembly, according to this constitution. And any person may 
be elected a member of the house of delegates who, at the time of elec- 
tion, has attained the age of twenty-one years, and is actually a resi- 
dent within the county, city, town, or election district, qualified to 
vote for members of the general assembly according to this constitu- 
tion ; but no person holding a lucrative office, no minister of the gos- 
pel or priest of any religious denomination, no salaried officer of any 
banking corporation or company, and no attorney for the common- 
w^ealth shall be capable of being elected a member of either house of 
assembly. The removal of any person elected to either branch of the 
general assembly from the county, city, town, or district for which he 
was elected shall vacate his office. 

POWERS AND DUTIES OF THE GENERAL ASSEMBLY 

Sec. 8. The general assembly shall meet once in every two years, 
and not oftener, unless convened by the governor in the manner pre- 
scribed in this constitution. No session of the general assembly, after 
the first under this constitution, shall continue longer than ninety 
days, without the concurrence of three-fifths of the members elected 
to each house; in which case the session may be extended for a fur- 
ther 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 each 
house shall constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and shall be authorized to compel the 
attendance of absent members in such manner and under such penal- 
ties as each house may provide. 

Sec. 9. 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 from their own body a presi- 
dent pi'o tempore^ and each house shall ajipoint its own officers, settle 
its own rules of proceeding, and direct writs of election for supplying 
intermediate vacancies ; but if vacancies shall occur during the recess 
of the general assembly, such Avrits may be issued by the governor, 
under such regulations as may be presxjribed by law. Each house 
shall judge of the election, qualification, and returns of its members, 
may punish them for disorderly behavior, and, with the concurrence 



Virginia— 1850 3839 

of two-thirds, expel a member, but not a second time for the same 
offence. 

Sec. 10. The members of the assembly shall receive for their 
services a compensation, to be ascertained by law, and paid out of 
the public treasury; but no act increasing such compensation shall 
take etfect until after the end 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 under the common- 
wealth, which has been created, or the emoluments of which have 
been increased, during such term, except offices filled by elections by 
the j)eople. 

Sec. 11. Bills and resolutions may originate in either of the two 
houses of the general assembly, to be approved or rejected by the 
other, and may be amended by either house with the consent of the 
other. 

Sec. 12. 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 elected to that house shall otherwise determine. 

Sec. 13. The whole number of members to which the State may at 
any time be entitled in the House of Eepresentatives 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 respective 
numbers ; wdiich shall be determined by adding to the whole number 
of free persons, including those bound to service for a term of years, 
and exluding Indians not taxed, three-fifths of all other persons. 

Sec. 1-1. In the apportionment the State shall be divided into 
districts, corresponding in number with the rei^resentatives to which 
it may be entitled 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 the population, upon which is based repre- 
sentation in the House of Representatives of the United States. 

Sec. 15. The privilege of the writ of habeas corpus shall not in any 
case be suspended. The general assembly shall not pass any bill of 
attainder ; or any ex post facto law ; or an law impairing the obliga- 
tion of contracts ; or any law wdiereby 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 fre- 
quent or support any religious worship, place, or ministry whatsoever; 
nor shall any man be enforced, restrained, molested, or burdened 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 argu- 
ment to maintain, their opinions in matters of religion, and the same 
shall in no wise affect, diminish, or enlarge their civil capacities. 
And the general assembly shall not prescribe any religious test what- 
ever; 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 



3840 Virginia— 1850 

house for public worship, or for the support of any church or min- 
istry; but it shall be left free to every person to select his religious 
instructor, and to make for his support such private contract as he 
shall please. 

Sec. 16. No law shall embrace more than one object, which shall 
be expressed in its title ; nor shall any law be revived or amended by 
reference to its title, but the act revived or section amended shall be 
reenacted and published at length. 

Sec. 17. The general assembly may provide that no person shall 
be capable of holding, or being elected to, any post of profit, trust, or 
emolument, civil or military, legislative, executive, or judicial, under 
the government of this commonwealth, who shall hereafter fight a 
duel, or send or accept a challenge to fight a duel, the probable issue 
of which may be the death of the challenger or challenged, or who 
shall be second to either party, or shall in any manner aid or assist in 
such duel, or shall be knoAvingly the bearer of such challenge or 
acceptance; but no person shall be so disqualified by reason of his 
having heretofore fought such duel, or sent or accepted such chal- 
lenge, or been second in such duel, or bearer of such challenge or 
acceptance. 

Sec. 18. The governor, lieutenant-governor, judges, and all others 
offending 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 impeachments. AVlien sitting for 
that purpose they shall be on oath or afHrmation ; and no person shall 
be convicted without the concurrence of two-thirds of the members 
present. Judgment, in cases of impeachment, shall not extend fur- 
ther than to removal from office and disqualification to hold and 
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 imj^each- 
ments. 

SLAVES AND FREE NEGROES 

Sec. 19. Slaves hereafter emancipated shall forfeit their freedom 
by remaining in the commonwealth more than twelve months after 
they become actually free, and shall be reduced to slavery under such 
regulation as may be prescribed by law. 

Sec. 20. The general assembly may impose such restrictions and 
conditions as they shall deem proper on the power of slave-owners to 
emancipate their slaves; and may pass laws for the relief of the 
commonwealth from the free negro population, by removal or other- 
w^ise. 

Sec. 21. The general assembly shall not emancipate any slave, or 
the descendant of any slave, either before or after the birth of such 
descendant. 

TAXATION AND FINANCE 

Sec. 22. Taxation shall be equal and uniform throughout the com- 
monwealth, and all property other than slaves shall be taxed in pro- 
portion to its value, which shall be ascertained in such manner as may 
be prescribed by law. 



Virginia— 1850 3841 

Sec. 23. Every slave who has attained the age of twelve years shall 
be assessed with a tax equal to and not exceeding that assessed on 
land of the value of three hundred dollars. Slaves under that age 
shall not be subject to taxation; and other taxable property may be 
exempted from taxation by the vote of a majority of the whole 
number of members elected to each house of the general assembly. 

Sec. 24. A capitation-tax, equal to the tax assessed on land of the 
value of two hundred dollars, shall be levied on every white male 
inhabitant who has attained the age of twenty-one years; and one 
equal moiety of the capitation-tax upon white persons shall be applied 
to the purposes of education in primary and free schools ; but noth- 
ing herein contained shall prevent exemptions of taxable polls in 
cases of bodily infirmity. 

Sec. 25. The general assembly may levy a tax on incomes, salaries, 
and licenses; but no tax shall be levied on property from which any 
income so taxed is derived, or on the capital invested in the trade or 
business in respect to which the license so taxed is issued. 

Sec. 26. No money shall be drawn from the treasury but in pur- 
suance of appropriations made by law ; and a statement of the 
receipts, disbursements, appropriations, and loans shall be published 
after the adjournment of each session of the general assembly, with 
the acts and resolutions thereof. 

Sec. 27. On the passage of every act which imposes, continues, or 
revives a tax, or creates a debt or charge, or makes, continues, or 
revives any appropriation of public or trust money or property, or 
releases, discharges, or commutes any claim or demand of the State, 
the vote shall be determined by yeas and nays, 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. 28. The liability to the State of any incorporated company or 
institution to redeem the principal and pay the interest of any loan 
heretofore made, or which may hereafter be made, by the State to 
such company or institution, shall not be released; and the general 
assembly shall not pledge the faith of the State, or bind it in any 
form, for the debts or obligations of any company or corporation. 

Sec. 29. There shall be set apart annually, from the accruing reve- 
nues, a sum equal to 7 per cent, of the State debt exising on the first 
day of January, in the year one thousand eight hundred and fifty- 
two. The fund thus set apart sliall be called the sinking-fund, and 
shall be applied to the payment of the interest of the State debt, and 
the principal of such part as may be redeemable. If no part be 
redeemable, then the residue of the sinking-fund, after the payment 
of such interest, shall be invested in the bonds or certificates of debt 
of this commonwealth, or of the United States, or of some of the 
States of this Union, and applied to the payment of the State debt 
as it shall become redeemable, ^\^lenever, after the said first day of 
January, a debt shall be contracted by the commonwealth, there shall 
be set apart in like manner, annually, for thirty-four years, a sum 
exceeding by 1 per cent, the aggregate amount of the annual interest 
agreed to be paid thereon at the time of its contraction ; which sum 
shall be part of the sinking-fund, and shall be applied in the manner 
before directed. The general assembly shall not otherwise appropri- 



3842 Virginia— 1850 

ate anj' part of the sinking-fund or its accruing interest, except in 
time of war, insurrection, or invasion. 

Sec. 30. The general assembly may, at any time, direct a sale of the 
stocks held by the commonAvealth in internal improvement and other 
companies ; but the proceeds of such sale, if made before the payment 
of the public debt, shall constitute a part of the sinking-fund, and be 
applied in like manner. 

Sec. 31. The general assembly shall not contract loans or cause to 
be issued certificates of debt or bonds of the State, irredeemable for a 
period greater than thirtj'-four years. 

GENERAL PROVISIONS 

Sec. 32. The general assembly shall not grant a charter of incor- 
poration to any church or religious denomination, but may secure the 
title to church property to an extent to be limited by law. 

Sec. 33. Xo lottery shall hereafter be authorized by law: and the 
buying, selling, or transferring of tickets or chances in any lottery, 
not now authorized by a law of this State, shall be prohibited. 

Sec. 34. Xo new county shall be formed with an area 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 Avhite population less than five thousand, be deprived of more than 
one-fifth of such population ; nor shall a county having a larger 
white population be reduced below four 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 ruj county, not 
entitled to sejDarate representation, shall vote in the same election 
district. 

Sec. 35. 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 courts or other tribunals may have juris- 
diction. 

Sec. 36. The general assembly shall provide for the periodical regis- 
tration in the several counties, cities, and towns, of the voters therein ; 
and for the annual registration of the births, marriages, and deaths 
ill the white population, and of the births and deaths in the colored 
population of the same, distinguishing between the numbers of the 
free colored persons and slaves. 

Sec. 37. The general assembly, at intervals of five j^ears from the 
dates of the returns of the census of the United States, shall cause to 
be taken a census and such statistics of this State as may be prescribed 
by law ; which census and statistics shall be returned to the secretary 
of the commonwealth, Avho shall compare and correct the returns and 
report the same to the general assembh^ 

Sec. 38. The manner of conducting and making returns of elec- 
tions, of determining contested elections, and of filling vacancies in 
office, in cases not specially provided for by this constitution, shall be 
prescribed by law; but special elections to fill vacancies in the office 
of judge in any court shall be for a full term. And the general 



Virginia— 1850 3843 

assembly may declare the cases in which aii}^ office shall be deemed 
vacant, where no provision is made for that purpose in this consti- 
tution. 

Article V 

EXECUTIVE DEPARTMENT 
GOVERNOR 

Section 1. The chief executive power of this commonwealth shall 
be vested in a governor. He shall hold the office for the term of four 
years, to commence on the first day of January next succeeding his 
election, and be ineligible to the same office for the term next succeed- 
ing 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 the 
elections shall be transmitted, under seal, by the proper officers, to 
the secretary of the commonAvealth, 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 house of delegates shall, 
within one week thereafter, in the presence of a majority of the sen- 
ate and house of delegates, open the said returns, and the votes shall 
then be counted. The person having the highest 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 governor 
by the joint vote of the two houses of the general assembly. Con- 
tested elections for governor shall be decided l)y a like vote, and the 
mode of proceeding in such cases shall be prescribed by law. 

Sec. 3. No person shall be eligible to the office of governor unless 
he has attained the age of thirty years, is a native citizen of the 
United States, and has been a citizen of Virginia for five yeavfi next 
preceding his election. 

Sec. 4. The governor shall reside at the seat of government; shall 
receive five thousand dollars for each year of his services, 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; 
communicate to the general assembly at every session the condition 
of the commonwealth; recommend to their consideration such meas- 
ures as he may deem expedient ; and convene the general assembly 
on application of a majority of the members of both houses thereof, 
or when in his opinion the interest of the commonwealth maj require 
it. He shall be commander-in-chief of the land and naval forces of 
the State; have power to embody the militia to repel invasion, sup- 
press insurrection, and inforce 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, fill, pro ternqyore^ all vacancies in those offices 
for which the constitution and laws make no ])rovision; but his ap- 
pointments to such vacancies shall be by commissions to expire at 
the end of thirty days after the commencement of the next session of 
the general assembly. He shall have power to remit fines and penal- 
ties in such cases and under such rules and regulations as may be pre- 



3844 Virginia— 1850 

scribed by law ; and, except when the prosecution has been carried on 
by the house of delegates, or the law shall otherwise particularly 
direct, to grant reprieves and pardons after conviction, and to com- 
mute capital 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 commuting 
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 respective offices; and may also require the opinion in writing 
of the attorney-general upon any question of law connected with his 
official duties. 

Sec. 7. Commissions and grants shall run in the name of the com- 
monwealth of Virginia, and be attested b}^ the governor, with the seal 
of the commonwealth annexed. 

LIEUTENANT-dOVERNOR 

Sec. 8. A lieutenant-governor shall be elected at the same time, and 
for the same term as the governor, and his qualification and the man- 
ner of his election in all respects shall be the same. 

Sec. 9. In case of the removal of the governor from office, or of his 
death, failure to qualify, resignation, removal from the State, or in- 
ability to discharge the powers and duties of the office, the said office, 
with its compensation, shall devolve upon the lieutenant-governor, 
and the general assembly sliall provide by law for the discharge of 
the executive functions in other necessary cases. 

Sec. 10. The lieutenant-governor shall be president of the senate, 
but shall have no vote, and Avhile acting as such shall receive a com- 
pensation equal to that allowed to the speaker of the house of 
delegates. 

SECRETARY OF THE COMMONWEALTH, TREASURER, AND AUDITOR 

Sec. 11. a secretary of the commonwealth, treasurer, and an audi- 
tor 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 removed. 

Sec. 12. The secretary shall keep a record of the official acts of the 
governor, which shall l)e signed hy the governor and attested by the 
secretary; 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. 

Sec. 13. The powers and duties of the treasurer and auditor shall 
be such as now are or may be hereafter prescribed by law. 

BOARD OE PUBLIC WORKS 

Sec. 14. There shall be a board of public works, to consist of three 
commissioners. The State shall be divided into three districts, con- 
taining as nearly as may be equal numbers of voters, and the voters of 
each district shall elect one commissioner, whose term of office shall 
be six years; but of those first elected, one, to be designated by lot, 



Virginia~1850 3845 

shall remain in office for two years only, and one other, to be desig- 
nated in like "manner, shall remain in office for four years only. 

Sec. 15. The general assembly, at its first session after the adoption 
of this constitution, shall provide for the election and compensation 
of the commissioners, and the organization of the board. The com- 
missioners first elected shall assemble on a day to be appointed by law, 
and decide by lot the order in which their terms of service shall expire. 

Sec. 16. The board of public works shall appoint all officers em- 
ployed on the public works, and all persons representing the interest 
of the commonwealth in works of internal improvement, and shall 
perform such other duties as may l)e prescribed by law. 

Sec. 17. The members of the board of public works may be re- 
moved by the concurrent vote of a majority of all the members elected 
to each house of the general assembh^ ; but the cause of removal shall 
be entered on the journal of each house. 

Sec. 18. The general assembly shall have power, by a vote of three- 
fifths of the members elected to each house, to abolish said board 
whenever in their opinion a board of public works shall no longer 
be necessary. 

MU.ITIA 

Sec. 19. The manner of appointing militia officers shall be pre- 
scribed by law. 

Article VI 

JUDICIARY department 

Section 1. There shall be a supreme court of appeals, district 
courts, and circuit courts. The jurisdiction of these tribunals and of 
the judges thereof, except so far as the same is conferred by this con- 
stitution, shall be regulated by law. 

JUDICIAL OIVISIONS 

Sec. 2. The State shall be divided into twenty-one judicial circuits, 
ten districts, and five sections. 

I. The counties of Princess Anne, Norfolk, Nansemond, Isle of 
Wight, Southampton, Greenesville, Surry, and Sussex, 'and the city 
of Norfolk shall constitute the first circuit. 

II. The counties of Prince George, Dinwiddie, Brunswick, Meck- 
lenburg, Lunenburg, Nottoway, Amelia, Chesterfield, and Powhatan, 
and the city of Petersburg shall constitute the second circuit. 

III. The counties of Cumberland, Buckingham, Appomattox, 
Campbell, Prince Edward, Charlotte, and Halifax, and the town of 
Lynchburg shall constitute the third circuit. 

IV. The counties of Pittsylvania, Bedford, Franklin, Patrick, and 
Henry shall constitute the fourth circuit. 

V. The counties of Accomack and Northampton shall constitute 
the fifth circuit. 

VI. The counties of Elizabeth City, Warwick, York, Gloucester, 
Matthews, Middlesex, Henrico, New Kent, Charles City, and James 
City, and the city of Williamsburg shall constitute the sixth circuit. 

VII. The city of Richmond shall be the seventh circuit. 

VIII. The counties of Lancaster. Northumberland, Richmond, 
Westmoreland, King George, Spottsylvania, Caroline, Hanover, King 

7535— VOL 7—09 5 



3846 Virginia~1850 

William, King and Queen, and Essex shall constitute the eighth cir- 
cuit. 

IX. The counties of Stafford, Prince AVilliam, Alexandria, Fair- 
fax, Loudoun, Fauquier, and Rappahannock shall constitute the ninth 
circuit. 

X. The counties of Culpeper, Madison, Greene, Orange, Albemarle, 
Louisa, Fluvanna, and Goochland shall constitute the tenth circuit. 

XI. The counties of Nelson, Amherst, Rockbridge, Augusta, and 
Bath shall constitute the eleventh circuit. 

XII. The counties of Pendleton, Highland, Rockingham, Page, 
Shenandoah, Warren, and Hardy shall constitute the twelfth circuit. 

XIII. The counties of Clarke, Frederick, Hampshire, Morgan, 
Berkeley, and Jefferson shall constitute the thirteenth circuit. 

XIV. The counties of Monroe, Greenbrier, Pocahontas, Alleghany, 
Botetourt, Roanoke, and Craig shall constitute the fourteenth circuit. 

XV. The counties of Giles, Mercer, Raleigh, Wyoming, Logan, 
Boone. Fayette, and Nicholas shall constitute the fifteenth circuit. 

XVI. The counties of Grayson, Carroll, AVythe, Floyd, Pulaski, 
and Montgomery shall constitute the sixteenth circuit. 

XVII. The counties of Smyth, Tazewell, Washington, Russell, 
Scott, and Lee shall constitute the seventeenth circuit. 

XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam, 
and Kanawha shall constitute the eighteenth circuit. 

XIX. The counties of Wood, Wirt, Gilmer, Braxton, Lewis, 
Ritchie, Doddridge, and Pleasants shall constitute the nineteenth 
circuit. 

XX. The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, 
Tyler, and Monongalia shall constitute the twentieth circuit. 

XXI. And the counties of Harrison, Marion, Taylor, Preston, 
Barbour, Randolph, and Upshur shall constitute the twenty-first cir- 
cuit. 

Sec. 3. The first and second circuits shall constitute the first dis- 
trict ; the third and fourth circuits the second district ; the fifth, sixth, 
and seventh circuits the third district ; the eighth and ninth circuits 
the fourth district; the tenth and eleventh circuits the fifth district; 
the twelfth and thirteenth circuits the sixth district ; the fourteenth 
and fifteenth circuits the seventh district; the sixteenth and seven- 
teenth circuits the eighth district ; the eighteenth and nineteenth cir- 
cuits the ninth district; and the tw^entieth and twenty-first circuits 
the tenth district. 

Sec. 4. The first and second districts shall constitute the first sec- 
tion ; the third and fourth districts the second section ; the fifth and 
sixth districts the third section ; the seventh and eighth districts the 
fourth section ; and the ninth and tenth districts the fifth section. 

Sec. 5. The general assembly may, at the end o f eight years after 
the adoption of this constitution, and thereafter at intervals of eight 
years, rearrange the said circuits, districts, and sections, and place any 
number of circuits in a district, and of districts in a section ; but each 
circuit shall be altogether in one district, and each district in one 
section; and there shall not be less than two districts and four circuits 
in a section, and the number of sections shall not be increased or 
diminished. 



Virginia— 1850 3847 



CIRCUIT COURTS 



Sec. (). For each circuit a judge shall be elected by the voters 
thereof, who shall hold liis office for the term of eight years, unless 
sooner removed in the manner prescribed by this constitution. He 
shall at the time of his election be at least thirty years of age, and 
during his continuance in office shall reside in the circuit of which 
he is judge. 

Sec. 7. A circuit court shall be held at least twice a year by the 
judge of each circuit in every county and corporation thereof, wherein 
a circuit court is now or may hereafter be established. But the 
judges in the same district may be required or authorized to hold the 
courts of their respective circuits alternately, and a judge of one 
circuit to hold a court in any other circuit. 



DISTRICT COURTS 



Sec. 8. A district court shall be held at least once a j^ear in every 
district, by the judges of the circuits constituting the section and the 
judge of the supreme court of ai)peals for the section of which the 
district forms a part, any three of whom may hold a court ; but no 
judge shall sit or decide ui^on any appeal taken from his own decision. 
The judge of the supreme court of appeals of one section may sit in 
the district courts of another section, Avhen required or authorized by 
law to do so. 

Sec. 9. The district court shall not have original jurisdiction, ex- 
cept in cases of habeas corpus, mandamus, and prohibition. 



COURT OF APPEALS 



Sec. 10. For each section a judge shall be elected by the voters 
thereof, who shall hold his office for the term of twelve years, unless 
sooner removed in the manner prescribed by this constitution. He 
shall at the time of his election be at least thirty-five years of age, 
and during his continuance in office reside in the section for which he 
is elected. 

Sec. 11. The supreme court of appeals shall consist of the five 
judges so elected, any three of Avhom may hold a court. It shall have 
appellate jurisdiction only, excej^t in cases of habeas corpus, man- 
damus, and prohibition. It shall not have jurisdiction in civil causes 
Avhere the matter in controversy, exclusive of costs, is less in value 
or amount than five hundred dollars, except in controversies concern- 
ing the title or boundaries of land, the probate of a will, the appoint- 
ment or qualification of a personal representative, guardian, commit- 
tee, or curator; or concerning a mill, road, way, 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, mandainus, and prohibition, and 
cases involving freedom, or the constitutionality of a law. 

Sec. 12. 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 any of them, to 
try any cases remaining on the dockets of the present court of ap- 
peals when the judges thereof cease to hold their offices; or to try any 
cases which may be on the dockets of the supreme court of appeals 
established by this constitution, in respect to which a majority of the 



3848 Virginia— 1850 

judges of said court may be so situated as to make it improper for 
them to sit on the hearing thereof. 

Sec. 13. When a judgment or decree is reversed or affirmed bj^ the 
supreme court of appeals, the reasons therefor shall be stated in writ- 
ing, and preserved with the record of the case. 

GENERAL PROVISIONS 

Sec. 14. Judges shall be commissioned by the governor, and shall 
receive fixed and adequate salaries, which shall not be diminished 
during their continuance in office. The salary of a judge of the 
supreme court of appeals shall not be less than three thousand dol- 
lars, and that of a judge of a circuit court not less than two thousand 
dollars per annum, except that of the judge of the fifth circuit, which 
shall not be less than fifteen hundred dollars per annum; and each 
shall receive a reasonable allowance for necessary travel. 

Sec. 15. Xo judge, during his term of service, shall hold any other 
office, appointment, or public trust, and the acceptance thereof shall 
vacate his judicial office; nor shall he, during such term, or within 
one year thereafter, be eligible to any political office. 

Sec. IG. Xo election of judge shall be held within thirty days of 
the time of holding any election of electors of President and Vice- 
President of the United States, of members of Congress or of the 
general assembly. 

Sec. 17. Judges may be removed from office by a concurrent vote of 
both houses of the general assembly, but a majority of all the mem- 
bers 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 general assembly may be about to proceed shall re- 
ceive notice thereof, accompanied 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 thereupon. 

Sec. 18. The officers of the supreme court of appeals and of the 
district courts shall be appointed by the said courts respectively, or 
by the judges thereof in vacation. Their duties, compensation, and 
tenure of office shall be prescribed by law. 

Sec. 19. The voters of each county or corporation in which a cir- 
cuit court is held shall elect a clerk of such court, whose term of 
office shall be six years. The attorney for the commonwealth, elected 
for a county or corporation wherein a circuit court is directed to be 
held, shall be attorney for the commonwealth for that court ; but in 
case a circuit court is held for a city, or for a county and a city, there 
shall be an attorney for the commonwealth for sucli, to be elected by 
the voters of such city or county and city, and to continue in office 
for the term of four years. The duties and compensation of these 
officers, and the mode of removing them from office, shall be pre- 
scribed by law. 

Sec. 20. AA^ien a vacancy shall occur in the office of clerk of any 
court, such court may appoint a clerk pro tempore, Avho shall dis- 
charge the duties of the office until the vacancy is filled. 

Sec. 21. The general assembly shall provide for the compensation 
of jurors, but appropriations for that purpose shall not be made from 
the State treasury, except in prosecutions for felony and misde- 
meanor. 



Virginia— 1850 3849 

Sec. 22. At every election of a governor, an attorney-general shall 
be elected by the voters of the commonwealth for the term of four 
years. He shall be commissioned by the governor, shall jjerform such 
duties and receive such compensation as may be prescribed by law, 
and be removable in the manner prescribed for the removal of judges. 

Sec. 23. Judges and all other officers, whether elected or appointed, 
shall continue to discharge the duties of their respective offices after 
their terms of service have expired, until their successors are qualified. 

Sec. 24. Writs shall run in the name of the commonwealth of Vir- 
ginia, and be attested bj^ the clerks of the several courts. Indict- 
ments shall conclude, " against the peace and dignity of the com- 
monwealth." 

COUNTY COURTS 

Sec. 25. There shall be in each county of the commonwealth a 
county court, Avhich shall be held monthly, by not less than three nor 
more than five justices, except when the law shall require the presence 
of a greater number. 

Sec. 26. The jurisdiction of the said courts shall be 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. 

Sec. 27. Each county shall be laid off into districts, as nearly 
equal as may be in territory and population. In each district there 
shall be elected, by the voters thereof, four justices of the peace, who 
shall be commissioned by the governor, reside in their respective dis- 
tricts, and hold their offices for the term of four years. The justices 
so elected shall choose one of their own body, who shall be the presid- 
ing justice of the county court, and whose duty it shall be to attend 
each term of said court. The other justices shall be classified by 
law for the performance of their duties in court. 

Sec. 28. The justices shall receive for their services in court a per- 
diem compensation, to be ascertained by law, and paid out of the 
county treasury ; and shall not receive any fee or emolument for other 
judicial services. 

Sec. 29. The power and jurisdiction of justices of the peace within 
their respective counties shall be prescribed by law. 

COUNTY OFFICERS 

Sec. 30. The voters of each county shall elect a clerk of the county 
court, a surveyor, an attorney for the commonwealth, a sheriff, and 
so many commissioners of the revenue as may be authorized by law, 
who shall hold their respective offices as follows: The clerk and the 
surveyor for the term of six years ; the attorney for the term of four 
years; the sheriff and the commissioners for the term of two years. 
Constables and overseers of the poor shall be elected by the voters, as 
may be prescribed by law. 

Sec. 31. The officers mentioned in the preceding section, except the 
attorneys, shall reside in the counties or districts for which they were 
respectively elected. No person elected for two successive terms to 
the office of sheriff shall be reeligible to the same office for the next 
succeeding term ; nor shall he, during his term of service, or within 
one year thereafter, be eligible to any political office. 



3850 Virginia— 1860 

Sec. 32. The justices of the peace, sheriffs, attorneys for the com- 
monweakh, clerks of the circuit and county courts, and all other 
county officers, shall be subject to indictment for malfeasance, mis- 
feasance, or neglect of official duty; and, upon conviction thereof, 
their offices shall become vacant. 

COKPORATION COURTS AND OFFICERS 

Sec. 33. The general assembly may vest such jurisdiction as shall 
be deemed necessary in corporation courts, and in the magistrates who 
may belong to the corporate body. 

Sec. 34. All officers appertaining to the cities and other municipal 
corporations shall be elected by the qualified voters, or appointed by 
the constituted authorities of such cities or cor])orations, as may be 
prescribed by law. • 

Done in convention, in the city of Richmond, on the first day of 
August, in the year of our Lord one thousand eight hundred and 
fifty-one, and in the seventy-sixth year of the commonwealth of 
Virginia. 

John Y. Mason, President. 

S. D. AViiiTTLE, Secretary. 

SCHEDULE 

Section 1. It shall be the duty of the president of this convention, 
immediately on its adjournment, to certify to the governor a copy 
of the bill of rights and constitution adopted, together with this 
schedule. 

Sec. 2. Upon the receipt of such certified copy, the govei-nor shall 
forthwith announce the fact by proclamation, to be published in such 
ncAvspapers of the State as may be deemed requisite for general in- 
formation ; and shall annex to his proclamation a copy of the bill of 
rights and constitution, together with this schedule; which procla- 
mation, bill of rights, constitution, and schedule shall be published 
in the manner indicated, for the period of one month; and ten 
printed copies thereof shall, by the secretary of the comuionwealth, 
be immediately transmitted l)y mail to the clerk of each county and 
corporation court in this commonwealth, to be by such clerk submit- 
ted to the examination of any person desiring the same. 

Sec. 3. The officers authoi'ized by existing laws to conduct general 
elections shall, at the places appointed for holding the same, open a 
poll-book on the fourth Thursday in October next, to be headed " The 
constitution as amended and schedule," and to contain two separate 
columns; the first column to be headed "For ratifying; " the other 
to be headed " For rejecting." And such officers keeping said polls 
open for the space of three days, shall then and there receive and 
record in said poll-book the votes for and against this constitution 
and schedule, of all persons qualified under the existing or amended 
constitution, to exercise the right of suffrage. 

Sec. 4. The taking of the polls, the duties to be performed by the 
officers, the privilege of the voters, and the penalties attaching for 
misconduct on the part of any person, shall be in all things as^ pre- 
scribed by the second, third, fourth, seventh, eighth, and ninth sec- 
tions of the act of the general assembly passed March the fourth, one 
thousand eight hundred and fifty, entitled "An act to take the sense 



Virginia— 1850 3851 

of the people upon the call of a convention, and providing for organ- 
izing the same,'' so far as the provisions of the said sections may be 
applicable. 

Sec. 5. It shall be the duty of the governor, upon receiving the 
returns of said officers, to ascertain the result thereof, and forthwith 
to declare the same by his proclamation, stating the aggregate vote 
in the State for and against the ratification of the amended constitu- 
tion and schedule, which shall be published at least once a week until 
the second Monday in December next, in such newspapers as, in his 
opinion, will be best calculated to diffuse general information thereof; 
and if it ajDpear that a majority of the votes cast is in favor of ratifi- 
cation, the governor, at the same time, and in like manner, shall make 
proclamation for holding, on the day last mentioned, a general elec- 
tion throughout the State for delegates and senators to the general 
assembly, according to the apportionment and districts prescribed 
in this constitution ; and also for the election of a governor, lieuten- 
ant-governor, and attorney-general. 

Sec. 6. The officers authorized by existing laws to hold and conduct 
general elections, shall hold and conduct the elections herein required ; 
and such officers and all other persons shall be governed and con- 
trolled therein by the provisions of said laws, so far as the same maj^ 
be applicable to and necessary for the proper conducting of the said 
elections. Duplicate polls shall be separately kept for governor and 
lieutenant-governor, for attorney-general, and for senators and dele- 
gates to the general assembly, which shall be verified by the oaths of 
the officers conducting the elections. 

Sec. 7. The verified duplicate polls for governor, lieutenant-gov- 
ernor, and attorney-general shall be deposited with the clerks of the 
several counties and cities, who shall retain one in their respective 
offices, and transmit the other by mail to the secretary of the common- 
wealth. 

Sec. 8. In the election of senators and delegates for districts formed 
of more than one county and city, the officers conducting the same at 
the court-house of the several counties and cities forming each dis- 
trict shall assemble, on the eighth day after the commencement of the 
said election, at the court-house of the county or city first named as 
one of the counties of the district ; shall compare the polls and ascer- 
tain the result, and shall deliver and return certificates of election 
according to the laws now in force. 

Sec. 9. The members of the general assembly so elected shall meet 
at the capitol in the city of Richmond on the second Monday in 
January, in the year one thousand eight hundred and fifty-two, and 
then and there organize as the general assembly of Virginia; but 
before such organization, they shall respectively take the oath of 
fidelity to the commonwealth, and the other oaths of office required 
by the laws now in force. 

Sec. 10. The election of members of the general assembly under 
this constitution shall vacate the seats of those elected under the 
present constitution. 

Sec. 11. The official terms of the delegates first elected to the gen- 
eral assembly under this constitution shall expire on the thirtieth day 
of June, in the year one thousand eight hundred and fifty-three. 

Sec. 12. The official terms of the first governor, lieutenant-gov- 
ernor, and attorney-general elected under this constitution shall 



3852 Virginia— 1864 

expire on the thirty-first day of December, in the year one thousand 
eight hundred and fifty-five. 

Sec. 13. The present judges of the supreme court of api^eals and 
of the circuit courts, and their successors, who may be appointed 
under the existing constitution, shall remain in office until such time 
as the law may prescribe for the commencement of the official terms 
of the judges under the amended constitution, and no longer; which 
time shall not be more than six months after the termination of the 
first session of the general assembly under the amended constitution. 

Sec. 14. The executiAe department of the government shall remain 
as at present organized; and the governor and councillors of state 
and their successors appointed under the existing constitution shall 
continue in office until a governor elected under this constitution shall 
be qualified ; and all other persons in office when this constitution is 
adopted, except as is herein otherwise expressly directed, shall con- 
tinue in office until their successors are qualified: and vacancies in 
office, happening before such qualification, shall be filled in the man- 
ner now prescribed by law. 

Sec. 15. All the courts of justice now existing shall continue with 
their present jurisdiction until and except so far as the judicial system 
may or shall be otherwise organized; and all laws in force when 
this constitution is adopted, and not inconsistent therewith, and all 
rights, prosecutions, actions, claims, and contracts shall remain and 
continue as if this constitution was not adopted. 

Sec. IG. The general assembly shall pass all laws necessary for 
carrjdng this constitution into full effect and operation. 

Done in convention, in the city of Richmond, on the first day of 
August, in the year of our Lord one thousand eight hundred and 
fifty-one, and in the seventy-sixth year of the commonwealth of 
Virginia. 

John Y. Mason, President. 

S. D. Whittle, Secretary. 

CONSTITUTION OF VIRGINIA— 1861 

[A convention which met at Richmond February 13, 18G1, passed 
an ordinance of secession, subject to the ratification or rejection of 
the people, and amended the constitution. The ordinance of secession 
was ratified by 128,884 votes against 32,734 votes.] 

CONSTITUTION OF VIRGINIA— 1864 * « 

BILL OF RIGHTS 

[This bill of rights was adopted from the constitution of 1830, as 
amended from its original passage in 17T().J 

* Journal of the Constitutional Convention whioli convened at Alexandria, on 
the 13th day of February, 1864. Alexandria : D. Turner, Printer to the State, 
1864. pp. 52. 

Also see note to constitution of 1850. 

a This constitution was framed by a convention which assembled at Alexandria 
February 1.3. 1804. composed of delegates from such portions of Virginia as were 
then within the Union lines, and had not been included in the recently formed 
State of West Virginia. It was adopted April 11, 1864, and was not submitted 
to the people for ratification. 



Virginia— 1864 3853 

CONSTITUTION 

Wliereas the delegates and representatives of the good people of 
Virginia in convention assembled, on the twenty-ninth day of Jnne, 
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 law^s the most 
wholesome and necessary for the public good; by denjdng his gov- 
ernors permission to pass laws of immediate and pressing import- 
ance, 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 legis- 
lature; by dissolving legislative assemblies repeatedly and contin- 
ually, 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 for- 
eigners ; 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 ])ower; by combining wath 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 dejDriving us of the benefits of 
the trial by jury, for transporting us beyond seas for trial for pre- 
tended offences, for suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all cases what- 
soever; by plundering our seas, ravaging our coasts, burning our 
towns, and destroying the lives of our people; by inciting insurrec- 
tions 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, desola- 
tion, and tyranny, theji 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 ma- 
turely 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 



3854 Virginia— 1864 

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 of 
government, which was ratified by them; 

And whereas the general assembly of Virginia, by an act passed 
on the fourth of JNIarch, 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 consti- 
tution, 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 rati- 
fied 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 hun- 
dred and sixt^-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 common- 
wealth. 

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. 

Artkle II 

DIVISION (IF 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 

Section 1. Every white male citizen of the commonwealth, of the 
age of twenty-one j-ears, who has been a resident of the State for one 
year, and of the county, cit3% 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 reorganization of the county, city, or town 
where he offers to vote, shall be qualified to vote for members of the 



Virginia— J 864 3855 

general assembly, and all officers elective by the people: Provided, 
however, T]iat no one shall be allowed to vote who, when he offers 
to vote, shall not thereupon take, or shall not before have taken, the 
following oath : 

" I do solenmly swear [or affirm] that I will support the Con- 
stitution 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 con- 
vention which assembled at Richmond on the thirteenth day of Feb- 
ruary, eighteen hundred and sixty-one, to the contrary notwithstand- 
ing; 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 pur- 
pose of promoting the same." 

But the legislature shall have power to pass an act or acts pre- 
scribing 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 tliis 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 con- 
federate 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 respec- 
tive 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 offence. 

Sec. 2. The general assembly, as occasion may require, shall cause 
every city or town, the white population of which exceeds five thou- 
sand, to be laid off into convenient wards, and a separate place of 
voting to be established in each; and thereafter no inhabitants of 
such city or town shall be allowed to vote except in the w^ard in which 
he resides. 

Sec. 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. 

a See aiueudment. 



3856 Virginia— 1864 

Sec. 4. In all elections for members of the general assembly and 
other State oJBicers, votes shall be given by ballot, and not viva voce, 
for -which the general assembly shall provide by law, at its first ses- 
sion after the adoption of this constitntion, but until such provision 
shall have been made, votes shall be given as heretofore. 

Article IY 
legislative department 

Section 1. The legislative power of this commonwealth shall be 
vested in a general assembly, Avhich shall consist of a senate and house 
of delegates. 

Sec. 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 num- 
ber of the house of delegates. 

Sec. 3. The house of delegates shall be elected biennially, by the 
voters of the cities of Norfolk and Richmond, and the several coun- 
ties, on the fourth Thursday in ^lay. 

Sec. 4. The counties of Augusta and Rockingham, and the cit}^ of 
Richmond, shall each elect three delegates; the counties of Accomac, 
Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Fred- 
erick, Halifax, Henrico, Jefferson, Loudoun, Norfolk, Pittsylvania, 
Rockbridge, Scott, Shenandoah, and "Washington, shall each elect two 
delegates; the county of Dinwiddle 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, Nelson, Northampton, Page, 
Patrick, Prince William, Princess Anne, Rappahannock, Russell, 
Smyth, Southampton, Spottsylvania, Tazewell, and Wythe shall each 
elect one delegate. 

The following counties and cities shall compose election districts: 
Appomattox and Prince Edward, Amelia, Powhatan, and Nottoway, 
Bath and Highland, Brunswick and Greenville, Bland and Pulaski, 
Buchanan and Wise, Buckingham and Cumberland, Charlotte and 
Lunenburg, Charles City, James City, and New Kent, Clarke and 
Warren, Craig and Roanoke, Culpepper and Orange, Elizabeth City, 
York, Warwick, and city of Williamsburg, Essex and Middlesex, 
Fluvanna and Goochland, Gloucester and Matthews, Greene and 
Madison, Isle of Wight and Surrey. King George and Stafford, King 
and Queen and King William, Lancaster and Northumberland, 
Prince George and Sussex, Richmond and Westmoreland, each of 
which districts shall elect one delegate. 

At the first general election under this constitution the county of 
Alexandria shall elect two delegates and the county of Fairfax one 
delegate. At the second general election the county of Fairfax shall 
elect two delegates and the county of Alexandria shall elect one dele- 
gate, and so on alternately at succeeding elections. 



Virginia— 1864 3857 



THE SENATE 



Sec. 5. The senators shall be elected for the term of four 3-ears, for 
the election of whom the counties, cities, and towns shall be divided 
into thirty- four districts. 

Each county, city, and town of the respective districts at the time 
of the first election of its delegate or delegates under this constitution, 
shall vote for one senator, and the sheriffs or other officers holding 
the election for each county, city, or town within ten days at the far- 
thest after the last election in the district, and from the polls so taken 
in their respective counties, cities, and towns, return as senator the 
person who has received the greatest number of votes in the whole 
district. 



FOR THE ELECTION OF SENATORS 



I. The counties of Accomac and Northampton shall form one dis- 
trict. 

II. The city. of Norfolk shall be another district. 

III. The counties of Norfolk and Princess Anne shall form another 
district. 

IV. The counties of Isle of Wight, Nansemond, Surry, and South- 
ampton shall form another district. 

V. The counties of Sussex, Prince George ,and Dinwiddle shall 
form another district. 

VI. The counties of Louisa, Henrico, and Hanover shall form an- 
other district. 

VII. The counties of Matthews, Gloucester, Middlesex, King and 
Queen, King William, and Essex shall form another district. 

VIII. The counties of Lancaster, Northumberland, Richmond, 
Westmoreland, Caroline, and King George shall form another district. 

IX. The counties of James City, Charles City, New Kent, York, 
Elizabeth City, Warwick, and city of Williamsburg shall form an- 
other district. 

X. The city of Richmond shall be another district. 

XL The counties of Chesterfield, Amelia, Prince Edward, Cumber- 
land, and Powhatan shall form another district. 

XII. The counties of Buckingham, Albemarle, Fluvanna, and 
Goochland shall form another district. 

XIII. The counties of Spottsylvania, Stafford, Orange, and Prince 
William shall form another district. 

XIV. The counties of Alexandria and Fairfax shall form another 
district. 

XV. The counties of Frederick, Clarke, and Warren shall form 
another district. 

XVI. The county of Loudoun shall be another district. 

XVII. The counties of Rappahannock, Fauquier, Madison, and 
Culpepper shall form another district. 

XVIII. The counties of Shenandoah and Page shall form anotlier 
district. 

XIX. The counties of Rockingham and Green shall form another 
district. 

XX. The county of Augusta shall be another district. 



3858 Virginia— 1864 

XXI. The counties of Kockbridge and Nelson shall form another 
district. 

XXII. The counties of Allegheny, Bath, Highland, and Battetourt 
shall form another district. 

XXIIL The counties of Appomattox, Campbell, and Charlotte 
shall form another district. 

XXIV. The counties of Mecklenburg, Lunenburg, Nottoway, 
Brunswick, and Greenville shall form another district. 

XXV. The counties of Pittsylvania and Halifax shall form an- 
other district. 

XXVI. The counties of Amherst and Bedford shall form another 
district. 

XXVII. The counties of Henry and Franklin shall form another 
district. 

XXVIII. The counties of Giles, Montgomery, Roanoke, and Craig 
shall form another district. 

XXIX. The counties of Carroll, Floyd, and Patrick shall form 
another district. 

XXX. The counties of Wythe, Grayson, Pulaski, and Bland shall 
form another district. 

XXXI. The counties of Washington and Sm3'th shall form an- 
other district. 

XXXII. The counties of Buchanan, Kussell, and Tazewell shall 
form another district. 

XXXIII. The counties of Scott, Lee, and Wise shall form another 
district. 

XXXIV. The counties of Berkeley and Jefferson shall form an- 
other district. 

Sec. 0. It shall l)e the duty of the general assembly, in the year 
one thousand eight hundred and seventy, and in every tenth year 
thereafter, to reapportion representation in the senate and house of 
delegates among the cities of Norfolk and Richmond, and the several 
counties, from an enumeration of the inhabitants of the State. 

QUALIFICATION OF SKNATORS AND DELEGATES 

Sec. 7. Any person may be elected senator who at the time of elec- 
tion has attained the age of twenty-five years, 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 
has attained the age of twenty-one years, and is actually a resident 
within the county, city, town, or election district, qualified to vote 
for members of the general assembly according to this constitution ; 
but no person holding a lucrative office, no minister of the gospel, 
priest of any religious denomination, or salaried officer of any bank- 
ing corporation or company, and no attorney for the commonwealth, 
shall be capable of being elected a member of either house of the 
general assembly. 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. 



Virginia— 1864 3859 

POWERS AND DUTIES OF THE GENERAL ASSEMBLY 

Sec. 8. The general assembly shall meet annually, and not oftener, 
unless convened by the governor in the manner prescribed in this 
constitution. 

No session of the general assembly, after the first under this con- 
stitution, shall continue longer than sixty days, without the concur- 
rence of three-fifths of the members elected to each house, in which 
case 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 business, but a smaller number may adjourn from 
day to day, and shall be authorized to compel the attendance of absent 
members, in such manner and under such penalty as each house may 
provide. 

Sec. 9. 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 from their own officers, 
a joresident />/'o tempore^ and each house shall appoint its own officers, 
settle its own rules of proceeding, and direct Avrits of election for 
supplying intermediate vacancies, but if vacancies shall occur during 
the recess of the general assembly, such Avrits may be issued by the 
governor, under such regulations as may be prescribed by law. 

Each house shall judge of the election, qualification, and returns of 
its members, may punish them for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member, but not a second time 
for the same offence. 

Sec. 10. The members of the general assembly shall receive for 
their services 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 end of the term for which the memliers 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 under 
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. 11. Bills and resolutions may originate in either of the two 
houses of the general assembly, to be approved or rejected by the 
other, and may be amended by either house with the consent of the 
other. 

Sec. 12. 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 elected to that house shall otherwise 
determine. 



3860 Virginia— 1864 

Sec, 13. 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. 14. In the apportionment, the State shall be divided into dis- 
tricts corresponding in number with the Representatives to which it 
may be entitled 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 population. 

Sec. 15. The privilege of habeas eor'piis shall not in any case be 
suspended. The general assembh'' shall not pass any bill of attainder, 
or any ex post facto law, or any law impairing the obligations of con- 
tracts, 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 
siip]:)ort any religious worship, phice, or ministry whatsoever, nor 
shall any man be enforced, restrained, molested, or burdened in his 
body or goods, or otherwise suffer on account of his religious opinions 
or belief, but all men shall be free to jirofess, and by argument to 
maintain, their opinions in matters of religion, and the same shall in 
nowise atl'ect, diminish, or enlarge their civil capacities. And the 
general assembly shall not prescribe any religious test Avhatever, or 
confer any peculiar privileges or advantages on any sect or denomina- 
tion, or pass any law requiring or authorizing any religious society, 
or the people of any district within this commouAvealth, 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 left free to every person to select his religious instructor, 
and to make for his support such private contract as he shall please. 

Sec. 16. No law shall embrace more than one object, which shall be 
expressed in its title, nor shall any law be revived or amended by 
reference to its title, but the act revived or the section amended shall 
be reenacted and published at length. 

Sec. it. The general assembly may provide that no person shall be 
capable of holding, or being elected to, any post of profit, trust, or 
emolument, civil or military, legislative, executive, or judicial, under 
the government of this commonwealth, who shall hereafter fight a 
duel, or send or accept a challenge to fight a duel, the probable issue 
of which may be the death of the challenger or challenged, or who 
shall be a second to either party, or shall in any manner aid or assist 
in such duel, or shall be knowingly the bearer of such challenge or 
acceptance, but no person shall be so disqualified by reason of his 
having heretofore fought such duel, or sent or accepted such chal- 
lenge, or been second in such duel, or bearer of such challenge or 
acceptance. 

Sec. 18. The governor, lieutenant-governor, judges, and all others 
offending 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 impeachments. When sitting for that 
purpose they shall be on oath or affirmation, and no person shall be 
convicted without the concurrence of two-thirds of the members pres- 
ent. Judgment in case of impeachment shall not extend further than 



Virginia— 1864 3861 

to removal from office, and disqualification to hold or enjoy any office 
of honor, trust, or profit under the commonwealth ; but the party con- 
victed shall, nevertheless, be subject to indictment, trial, judgment, 
and jDunishment according to law. The senate may sit, during the 
recess of the general assembly, for the trial of impeachment. 

SLAVERY OR FREEDOM 

Sec. 19. Slavery and involuntary servitude (except for crime) is 
hereby abolished and prohibited in the State forever. 

Sec. 20. Courts of competent jurisdiction may apprentice minors 
of African descent on like conditions provided by law for appren- 
ticing Avhite children. 

Sec. 21. The general assembly shall make no law establishing 
slavery or recognizing property in human beings. 

Sec. 22. A capitation-tax, equal to the tax assessed on land of the 
value of two hundred dollars, shall be levied on every white male 
inhabitant who has attained the age of twenty-one years, and one 
equal moiety of the capitation-tax upon white persons shall be applied 
to the purposes of education in primary and free schools ; but nothing 
herein contained shall prevent exemptions of taxable polls in cases 
of bodily infirmity. 

Sec. 23. Taxation shall be equal and uniform throug;hout the 
connuonwealth, and all property shall be taxed in projjortion to its 
value, which shall be ascertained in such manner as may be prescribed 
by law. The general assembly may levy a tax on incomes, salaries, 
and licenses, but no tax shall be levied on property from which any 
income so taxed is derived of the capital invested in trade or business 
in respect to which the license so taxed is issued. 

Sec. 24. No money shall be drawn from the treasury but in pur- 
suance of appropriation made by law, and a statement of receipts, 
disbursements, appropriations, and loans shall be published after the 
adjournment of each session of the general assembly, with the acts 
and resolutions thereof. 

Sec. 25. On the passage of every act which imposes, continues, 
or revives a tax, or creates a debt or charge, or makes, continues, or 
revives any appropriation of public or trust money or property, or 
releases, discharges, or commutes any claim or demand of the State, 
the vote shall be determined by yeas and nays, 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. 26. The liability to the State of any incorporated company 
or institution to redeem the principal and pay the interest of any 
loan heretofore made or which may hereafter be made by the State 
to such company or institution shall not be released, and the general 
assembly shall not pledge the faith of the State or bind it in any 
form for the debt or obligation of any company or corj^oration. 

Sec. 27. 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 States of Virginia and of West 
Virginia, respectively, and may authorize, in conjunction with the 
State of West Virgiiiia, the sale of all lands and property of every 
description, including all stocks and other interests owned and held 
by the State of Virginia in banks, works of internal improvement, 

7535— VOL 7—09 6 



3862 Virginia— 1864 

and other companies at the time of the formation of the State of 
West Virginia, and no ordinance passed by the convention which 
assembled at AVheeling on the eleventh da,y of June, eighteen hundred 
and sixty-one, adjusting the public debt between Virginia and West 
Virginia, shall be binding upon this State. It shall not provide for 
the payment of any debt or obligation created in the name of the 
State of Virginia by the usurped and pretended State authori- 
ties cit Richmond ; and it shall not allow any county, city, or corpora- 
tion to levy or collect any tax for the payment of any debt created 
for the purpose of aiding any rebellion against the State or the 
United States. The legislature shall not provide for the payment of 
any bonds now held by rebels in arms against the State or United 
States governments. 

Sec. 28. The general assembly may at any time direct the sale of 
the stocks held by the commouAvealth in internal improvements, and 
other companies located within the limits of this commonwealth, but 
the proceeds of such sale, if made before the ])ayment of the public 
debt, shall be appropriated to the payment thereof. 

Sec. 29. No debt shall be contracted by this State except to meet 
casual deficits in. the revenue, to redeem a previous liability of the 
State, or to suppress insurrection, repel invasion, or defend the State 
in time of war. If the State becomes a stockliolder in any association 
or corporation for purposes of internal improvements, such stock 
shall be paid for at the time of subscription, or a tax shall be levied 
for the ensuing year sufficient to pay the subscription in full. 

GENERAL PROVISIONS 

Sec. 30. The general assembly shall not grant a charter of incor- 
poration to any church or religious denomination, but may secure 
the title to church property to an extent to be limited by law. 

Sec. 31. No lottery shall hereafter l)e authorized by law, and the 
buying, selling, or transferring of tickets or chances in anj'^ lottery 
not now authorized by a law of this State shall be prohibited. 

Sec. 32. 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 white population less than five thousand be deprived of 
more than one-fifth of such population, nor shall a county having 
a larger white population be reduced below four thousand. But any 
county, the length of which is three times its mean breadth, or which 
exceeds fifty miles in length, ma}^ be divided at the discretion of 
the general assembly. In all general elections the voters in any 
countj'^ not entitled to separate representation shall vote in the same 
election district. 

Sec. 33. 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 dis- 
abilities, but shall not, b}^ special legislation, grant relief in such 
cases, or in any other case of Avhich the courts or other tribunals 
may have jurisdiction. 

Sec. 34. The general assembly shall provide for the periodical 
registration in the several counties, cities, and towns of the voters 
therein; and for the annual registration of births, marriages, and 



Virginia— 1864 3863 

deaths in the white population, and of the births and deaths in the 
colored population. 

Sec. 35. The manner of conducting and making returns of elec- 
tions, of determining contested electioijs, and of filling vacancies in 
office, in cases not specially provided for by this constitution, shall 
be prescribed by law ; but special elections to fill vacancies in the 
office of judge of any court shall be for a full term. And the gen- 
eral assembly may declare the cases in which any office shall be 
deemed vacant, where no provision is made for that purpose in this 
constitution. 

xVrticlk V 

EXECUTIVE DEPARTMENT 
GOVERNOR 

Section 1. The chief executive power of this commonwealth shall 
be vested in a governor. He shall hold the office for the term of 
four years, to connnence on the first day of January next succeeding 
his election, and be ineligible 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 the 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 house of delegates shall, 
within one week thereafter, in the presence of the senate and house 
of delegates, open the said returns, and the votes shall then be 
counted. The person having the highest number of votes shall be 
declared elected; but if two or more shall have the highest and 
equal number of votes, one of them shall be chosen governor by the 
joint vote of the two houses of the general assembly. Contested 
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. Xo person shall be eligible to the office of governor unless 
he has attained the age of thirty years, is a native citizen of the 
United States, and has been a citizen of Virginia for five years next 
preceding his election. 

Sec. 4. The governor shall reside at the seat of government ; shall 
receive five thousand dollars for each year of his services ; and, while 
in office, shall receive no other emolument from this or au}^ other 
government. 

Sec. 5. He shall take care that the laws be faithfully executed ; 
communicate to the general assembly at every session the condition 
of the commonwealth ; recommend to their consideration such meas- 
ures as he may deem, expedient ; and convene the general assembly on 
application of a majority of the members of both houses thereof, or 
when, in his opinion, the interest of the commonwealth may require 
it. He shall be connnander-in-chief of the land and naval forces of 
the State; have power to embody the militia to repel iuA'asion, sup- 
press insurrection, and enforce the execution of the laws; conduct, 
either in person or in such other manner as shall be prescribed by law, 



3864 Virginia— 1864 

all intercourse with other and foreign States ; and, during the recess 
of the general assembly, 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 commission, to expire at 
the end of thirty days after the commencement of the next session 
of the general assembly. He shall have power to remit fines and 
penalties in such cases and under such rules and regulations as may 
be prescribed by law ; and, except when the prosecution has been car- 
ried on by the house of delegates, or the law shall otherwise particu- 
larly direct, to grant reprieves and pardons after conviction, and to 
commute capital punishment; but he shall communicate to the gen- 
eral 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 commuting 
the same. 

Sec. C. He may require information in writing from the officers in 
the executive department, upon any sul)ject relating to the duties of 
their respective offices; and may also require the opinion in writing 
of the attorney-general upon any question of hnv connected with his 
official duties. 

Sec. 7. Couunissions and grants shall run in the name of the com- 
monwealth of Virginia, and be attested l)y the governor, with the seal 
of the commonwealth annexed. 

UEUTENA.NT-GOVERNOR 

Sec. 8. A lieutenant-governor shall be elected at the same time and 
for the same term as the governor, and his qualification and the man- 
ner of his election in all resi)ects shall be the same. 

Sec. 9. 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, w^ith its compensation, shall devolve upon the lieutenant- 
governor; and the general assembly shall provide by law for the dis- 
charge of the executive functions in other necessary cases. 

Sec. 10. The lieutenant-governor shall be president of the senate, 
but shall have no vote: and while acting as such shall receive a com- 
pensation equal to that allowed to the speaker of the house of 
delegates. 

SECRETARY OF THE COMMONWEALTH, TREASURER. AND AUDITOR 

Sec. 11. A secretary of the commonwealth, treasurer, and an au- 
ditor 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 removed. 

Sec. 12. The secretar^^ shall keep a record of the official acts of the 
governor, which shall be signed by the governor and attested by the 
secretary; 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. 

Sec. 13. The powders and duties of the treasurer and auditor shall 
be such as now are, or may be hereafter, prescribed by law. 



Virginia— 1864 3865 

BOARD OF PUBLIC WOEKS 

Sec. 14. There shall be a board of public works, to consist of three 
commissioners. The State shall be divided into three districts con- 
taining as nearly as may be equal numbers of voters, and the voters 
of each district shall elect one commissioner, whose term of office 
shall be six years ; but of those first elected, one, to be designated by 
lot, shall remain in office for two years only, and one other, to be 
designated in like manner, shall remain in office for four years only. 

Sec. 15. The general assembly shall provide for the election and 
compensation of the commissioners, and the organization of the board. 
The commissioners first elected shall assemble on a day to be ap- 
pointed by law, and decide by lot the order in which their term of 
service shall expire. 

Sec. 10. The board of public works shall appoint all officers em- 
ployed on the public works, and all persons representing the interest 
of the commonwealth in works of internal improvement, and shall 
perform such other duties as may be prescribed by law. 

Sec. 17. The members of the board of public works may be removed 
by the concurrent vote of a majority of all the members elected to 
each house of the general assembly; but the cause of removal shall 
be entered on the journal of each house. 

Sec. 18. The general assembly shall have power, by a vote of three- 
fifths of the members elected to each house, to abolish said board 
whenever, in their opinion, a board of public works shall no longer 
be necessary ; and until the general assembly shall direct an election 
of a board of public works, after the adoption of this constitution, 
and such board shall have been duly elected and qualified, the gov- 
ernor, auditor, and treasurer of the commonwealth shall constitute 
said board, and shall exercise the authority and discharge the duties 
thereof, and the secretary of the commonwealth shall discharge the 
duties of the clerk of said board. 



Sec. 19. The manner of appointing militia officers shall be pre- 
scribed by law. 

Article VI 

JUDICIARY department 

Section 1. There shall be a supreme court of appeals, district 
courts, and circuit courts. The jurisdiction of these tribunals, and 
of the judges thereof, except so far as the same is conferred by this 
constitution, shall be regulated by law. The judges shall be chosen, 
by the joint vote of the tAvo houses of the general assembly, from 
persons nominated by the governor, 

JUDICIAL DIVISfON 

Sec 2. The State shall be divided into sixteen judicial circuits, 
seven districts, and three sections. 

I. The counties of Princess Anne, Norfolk, Nansemond, Isle of 
Wight, Southampton, Greenesville, Surry, and Sussex, and the city 
of Norfolk, shall constitute the first circuit. 



3866 Virginia— 1864 

II. The counties of Prince George, Dinwiddie, Brunswick, Meck- 
lenburg, Lunenburg, Nottoway, Amelia, Chesterfield, and Powhatan, 
and the city of Petersburg, shall constitute the second circuit. 

III. The counties of Cumberland, Buckingham, Appomattox, 
Campbell, Prince Edward, Charlotte, and Halifax, and the town of 
Lynchburg, shall constitute the third circuit. 

IV. The counties of Pitts^dvania, Bedford, Franklin, Patrick, and 
Henry shall constitute the fourth circuit. 

V. The counties of Accomac and Northampton shall constitute the 
fifth circuit. 

VI. The counties of Elizabeth City, Warwick, York, Gloucester, 
Matthews, Middlesex, Henrico, New Kent, Charles City, and James 
City, and the city of Williamsburg, shall constitute the sixth circuit. 

VII. The city of Richmond shall be the seventh circuit. 

VIII. The counties of Lancaster, Northumberland, Richmond, 
Westmoreland, King George, Spottsylvania, Caroline, Hanover, King 
William, King and Queen, and Essex shall constitute the eighth 
circuit. 

IX. The counties of Stafford, Prince William, Alexandria, Fair- 
fax, Loudoun, Fauquier, and Rappahannock shall constitute the ninth 
circuit. 

X. The counties *of Culpepper, Madison, Greene, Orange, Albe- 
marle, Louisa, Fluvanna, and Goochland shall constitute the tenth 
circuit. 

XL The counties of Nelson, Amherst, Rockbridge, Augusta, and 
Bath shall constitute the eleventh circuit. 

XII. The counties of Highland, Rockingham, Page, Shenandoah, 
and AVarren shall constitute the twelfth circuit. 

XIII. The counties of Clarke, Frederick, Berkele}^, and Jeiferson 
shall constitute the thirteenth circuit. 

XIV. The counties of Alleghany, Bottetourt, Roanoke, Craig, and 
Giles shall constitute the fourteenth circuit. 

XV. The counties of Grayson, Carroll, AYythe, Floyd, Pulaski, and 
Montgomery shall constitute the fifteenth circuit. 

XVI. The counties of Smyth. Tazewell, Bland, Washington, Rus- 
sell, Scott, Lee, Wise, and Buchanan shall constitute the sixteenth 
circuit. 

Sec. 3. The first and second circuits shall constitute the first dis- 
trict ; the third and fourth circuits the second district; the fifth and 
sixth and seventh circuits the third district ; the eighth and ninth cir- 
cuits the fourth district ; the tenth and eleventh circuits the fifth dis- 
trict ; the twelfth and thirteenth circuits the sixth district,, and the 
fourteenth, fifteenth, and sixteenth circuits the seventh district. 

Sec. 4. The first and second districts shall constitute the first sec- 
tion; and third and fourth districts the second section; and the fifth, 
sixth, and seventh districts the third section. 

Sec. 5. The general assembly may at the end of five years after 
the adoption of this constitution, and thereafter at intervals of ten 
years, rearrange the said circuits, districts, and sections, and place 
any number of circuits in a district and of districts in a section ; but 
each circuit shall be altogether in one district, and each district in one 
section ; and there shall not be less than two districts and four circuits 
in a section, and the number of sections shall not be diminished. 



Virginia — 186 4 3867 



CIRCUIT COURTS 



Sec. 6. For each circuit a judge shall be chosen in the manner here- 
inbefore provided, who shall hold his office for the term of eight 
years unless sooner removed in the manner prescribed by this consti- 
tution. He shall, at the time of being chosen, be at least thirty years 
of age, and shall have resided in the State one year next preceding 
his election, and during his continuance in office shall reside in the 
circuit of Avhich he is judge. 

Sec. 7. A circuit court shall be held at least twice a year by the 
judge of each circuit, in every county and corporation thereof, 
wherein a circuit court is now or may hereafter be established. But 
the judges in the same district may be required or authorized to hold 
the courts of their respective circuits alternately, and a judge of one 
circuit to hold a court in any other circuit. 



DISTRICT COURTS 



Sec. 8. A district court shall be held at least once a year in every 
district, by the judges of the circuits constituting the section and the 
judge of the supreme court of appeals for the section of wdiich the 
district forms a part, any three of whom may hold a court ; but no 
judge shall sit or decide upon an appeal taken from his own decision. 
The judge of the supreme court of appeals of one section may sit in 
district courts of another section, when required or authorized by the 
law to do so. 

Sec. 9. The district courts shall not have original jurisdiction, ex- 
cept in cases of habeas corpus, mandamus, and prohibition. 



COURT OF APPEALS 



Sec. 10. For each section a judge shall be chosen in the manner 
hereinbefore provided, who shall hold his office for the term of twelve 
years unless sooner removed in the manner prescribed by this consti- 
tution. He shall, at the time of his being chosen, be at least thirty 
years of age, and shall have resided in the State one year next pre- 
ceding his election, and during his continuance in office he shall reside 
in the section for which he is chosen. 

Sec. 11. The supreme court of appeals shall consist of three judges 
so chosen, any two of wdiom 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 controversies cencerning the title 
or boundaries of land, the probate of a will, the appointment or 
qualification of a personal representative, guardian, connnittee, or 
curator; or concerning a mill, road, w'ay, ferr}^, or landing, or the 
I'ight of a corporation or of a county to levy tolls or taxes, and except 
in cases of liaheas corpus, mandamus, and prohibition, and cases 
involving freedom or the constitutionality of a law. 

Sec. 12. 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 any of them, to try any 
cases being on the dockets of the supreme court of aj^peals when this 
constitution goes into operation ; or to try any cases which may be on 



3868 Virginia— 1864 

the dockets of the supreme court of appeals, in respect to which a 
majority of the judges of said court may be so situated as to make it 
improper for them to sit on the hearing thereof. And a special court 
of appeals, to consist of not less than three nor more than fiv^ judges, 
may be formed of the judges of the circuit courts, to exercise the juris- 
diction and perform the duties of the supreme court of appeals and 
of the judges thereof, until the judges of the supreme court of appeals 
shall have been duly chosen and qualified. 

Sec. 13. When a judgment or decree is reversed or affirmed by the 
supreme court of appeals, the reasons therefor shall be stated in Avrit- 
ing, and preserved with the record of the case. 

GENERAL PROVISIONS 

Sec. 14. Judges shall he commissioned by the governor, and shall 
receive fixed and adequate salaries, which shall not be diminished 
during their continuance in office. The salary of a judge of the 
supreme court of appeals shall not be less than three thousand dollars, 
and that of a judge of a circuit court not less than two thousand dol- 
lars ])er annum, except that of the judge of the fifth circuit, which 
shall not be less than fifteen hundred dollars per annum, and each 
shall receive a reasonal)le allowance for necessary travel. 

Sec. 15. No judge, during his term of service, shall hold any other 
office, appointment, or public trust, and the acceptance thereof shall 
vacate his judicial office: nor shall he, during such term, or within 
one year thereafter, be eligible to any political office. 

Sec. 1G. Judges may be removed from office by a concurrent vote 
of both houses of the general assembly, but a majority of all the mem- 
bers 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 general assembly may be about to proceed shall 
receive notice thereof, accompanied 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 thereupon. 

Sec. 17. The officers of the supreme court of appeals and of the dis- 
trict courts shall be appointed by the said courts respectively, or bj^ 
the judges thereof in vacation. Their duties, compensation, and 
tenure of office shall be prescribed l)y law. 

Sec. 18. The voters of each county or corporation in which a cir- 
cuit court is held shall elect a clerk of such court, whose term of office 
shall be six years. The attorney for the commonwealth, elected for 
a county or corporation wherein a circuit court is directed to be held, 
shall be attorney for the common Avealth for that court ; but in case a 
circuit court is held for a city, or for a county and a city, there shall 
be an attorney for the commonwealth for such, to be elected by the 
voters of such city, or county and city, and to continue in office for 
the term of four years. The duties and compensation of these officers, 
and the mode of removing them from office, shall be prescribed by law. 

Sec. 19. When a vacancy shall occur in the office of clerk of any 
court, (except it be a county or corporation court,) such court, or 
the judges thereof, in vacation, may appoint a clerk pro tempore, 
who shall discharge the duties of the office until the vacancy is filled; 
when such vacancy shall occur in the office of a clerk of a county or 
corporation court, (if in vacation,) the presiding justice thereof may 



Virginia— 1864 3869 

appoint the clerk pro tempore, who shall discharge the duties of the 
office until the next term, and then the court shall appoint a 
pro-tempore clerk to serve until the vacancy shall be filled. 

Sec. 20. The general assembly shall provide for the compensation 
of jurors, but appropriations for that purpose shall not be made 
from the State tretisury, except in prosecutions for felony and 
misdemeanor. 

Sec. 21. At every election of a governor, an attorney-general shall 
be elected by the voters of the commonwealth for the term of four 
years. Pie shall be commissioned by the governor, shall perform 
such duties and receive such compensation as may be prescribed by 
law, and be removable in the manner prescribed for the removal of 
judges. 

Sec. 22. Judges and all other officers, whether elected or appointed, 
shall continue to discharge the duties of their offices after their terms 
of service have expired, until their successors are qualified. 

Sec. 23. Writs shall run in the name of the commonwealth of Vir- 
ginia, and be attested by the clerks of the several courts. Indictments 
shall conclude, " against the peace and dignity of the commonwealth." 

COUNTY COURTS 

Sec. 24. There shall be in each county of the commonwealth a 
county court, which shall be held monthly, by not less than three nor 
more than five justices, except when the law shall require the presence 
of a greater number. 

Sec. 25. The jurisdiction of the said courts shall be 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. 

Sec. 26. Each county shall be laid off into districts as nearly equal 
as may be in territory and population. Such districts as now laid off 
by law shall continue, subject to such changes as may hereafter be 
made Ijy the general assembly. In each district there shall be elected, 
by the voters thereof, four justices of the peace, who shall be commis- 
sioned by the governor, reside in their respective districts, and hold 
their offices for the term of four years. The justices so elected shall 
choose one of their own body, who shall be the presiding justice of 
the county court, and whose duty it shall be to attend each term of 
said court. The other justices shall be classified by law for the 
performance of their duties in court. 

Sec 27. The justices shall receive for their services in court a per- 
diem compensation, to be ascertained by law, and paid out of the 
county treasury, and such fees and emoluments for other services as 
may be allowed them by law. 

Sec 28. The power and jurisdiction of justices of the peace within 
their respective counties shall be prescribed by law. 

COUNTY OFFICERS 

Sec 29. The voters of each county shall elect a clerk of the county 
court, a surveyor, an attorney for the commonwealth, a sheriff', and 
so many commissioners of the revenue as may be authorized by law, 
who shall hold their respective offices as follows: The clerk, the 
commissioner of the revenue, and the surveyor for the term of six 
years ; the attorney for the term of four years, and the sheriff for the 



3870 Virginia-~1864 

term of two years. Constables and overseers of the poor shall be 
elected by the voters as may be ]3rescribed by hnv. 

Sec. 30. The officers mentioned in the preceding section, except the 
attorneys, shall reside in the counties or districts for which they were 
respectively elected. No person elected for two successive terms to 
the office of sheriff shall be reeligible to the same office for the next 
succeeding term ; nor shall he, during his term of service, or within 
one 3^ear thereafter., be eligible to any political office. 

Sec. 31. The justices of the peace, sheriifs, attorneys for the com- 
monwealth, clerks of the circuit and county courts, and all other 
county officers, shall be subject to indictment for malfeasance, mis- 
feasance, or neglect of official duty; and upon conviction thereof, 
their offices shall become vacant. 

COBPORATION COURTS AND OFFICERS 

Sec. 32. The general assembly ma}'' vest such jurisdiction as shall 
be deemed necessary in corporation courts and in the magistrates 
who may belong to the cori)orate body. 

Sec. 33. All officers appertaining to the cities and other municipal 
corporations shall be elected b}^ the qualified voters, or appointed by 
the constituted authorities of such cities or corporations, as may be 
prescribed b}^ hnv. 

Done in convention in the city of Alexandria, on the seventh day 
of April, in the year of our Lord one thousand eight hundred and 
sixty-four, and in the eighty-eighth year of the connnonwealth of 
Virginia. 

Le Roy G. Edwards, President. 

AA". J. CoAvixG, Secretary. 

SCHEDULE 

Section 1. Tt shall be the duty of the president of this convention, 
immediately on its adjournment, to certify to the governor a copy of 
the bill of rights and constitution adopted, together with this 
schedule. 

Sec. 2. Upon the I'eceipt of such certified copy, the governor shall 
fortliAvith announce the fact b}' proclamation, to be published in such 
manner as he may deem requisite for general information, and shall 
annex to his proclamation a copy of the bill of rights and constitu- 
tion, together with this schedule, all of which shall be published in 
the manner indicated. Ten printed copies thereof shall, by the 
secretary of the commonwealth, be innnediately transmitted by mail 
to the clerk of each county and corporation court in this common- 
wealth, to be by such clerk submitted to the examination of any per- 
son desiring the same. 

Sec. 3. All ordinances and laws in force when this constitution is 
adopted, and not inconsistent therewith, shall remain and continue 
as if this constitution was not adopted; and so of all rights, prose- 
cutions, actions, claims, and contracts. 

Sec. 4. All executive, judicial, and other officers and members of 
the general assembly now elected shall continue in office until their 
present terms expire, in the same manner as if this constitution had 
not been adopted. The senate may so fix the term of members first 



Virginia— 1870 3871 

elected thereto from districts not now represented, that one-half the 
number of senators (or as near that number as may be) shall be 
elected every two years. 

Sec. 5. The general assembly shall pass all laws necessary for car- 
rying this constitution into full force and eifect. 

Le Roy G. Edwards, President. 

"W. J. CoAViNG, Secretary. 



AMENDMENT TO THE CONSTITUTION OF 1864 

(Ratifled lS(ir>) 

Art. I. Sec. 1. Amended hy strikhig out tlie words: Xo 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 uncjer 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 count}^ officers. 

CONSTITUTION OF VIRGINIA— 1870 * " 

"^^Hiereas 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 
insup2)ortable tj-ranny, 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, 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 legis- 
lature; by dissolving legislative assemblies repeatedly and continu- 
ally, for opposing with manly firmness his invasions of the rights of 
Jhe people ; wdien dissolved, by refusing to call others for a long space 
of time, thereby leaving the ]wlitical system without any legislative 
head; by endeavoring to prevent the population of our country, and 

* Verified from " The Code of Virginia, with the Declaration of Independence 
and the Constitution' of the United States and the Constitution of Virginia. 
Pul)lished ])ursnant to an Act of tlie General Assembly, of May 21, 1887. Rich- 
mond : I'rinted by James E. Goode, 1X87." pp. 31-50. 

o This constitution was framed by a convention, called under the reconstruc- 
tion acts of Congress, which assembled at Richmond in July, 1867, and com- 
pleted its labors April 7, 18(18. It was not submitted to the people until July 6, 
18G9, (under the authority of an act of Congress" approved April 10, 1809,) when 
clauses relating to the test-oath and to disfranchisement, which were separately 
subn)itted, were rejected, and the remainder of the constitution was ratified by 
210,585 votes against 9.180 votes. 



3872 Virginia— 1870 

for that purpose obstructing the laws for the naturalization of for- 
eigners ; by keeping among us, in time of j)eace, 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 pre- 
tended offences, for suspending our own legislatures, and declaring 
themseh'es invested with power to legislate, for us in all cases what- 
soever; by plundering our seas, ravaging our coasts, burning our 
towns, and destroying the lives of our people; by inciting insurrection 
of our fellow-subjects with the allurements of forfeiture and confisca- 
tion ; by prompting our negroes to rise in arms among 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, desola- 
tion, and tyranm'. 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 imder the crown of 
Great Britain, was totally dissolved ; did, therefore, having maturely 
considered the premises, and viewing with great concern the deplor- 
able condition to which this once happy country would be reduced 
unless some regidar, 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 j^ropose to 
the people of this commouAvealth 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 Marcli, 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 con- 
stitution, 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 Virgiiiia, 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 



Virginia— 1870 3873 

commonwealth, the delegates assembled did, therefore, having ma- 
turely considered the jjremises, adopt a revised and amended consti- 
tution as the form of government of Virginia; 

And whereas 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 supple- 
mentary thereto, passed on the twenty-third day of March and the 
nineteenth day of July, in the year one thousand eight hundred and 
sixty-seven, provide for the election by the people of Virginia, quali- 
fied to vote under the provisions of said acts, of delegates to meet in 
convention, to frame a constitution or form of government for Vir- 
ginia, 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 Virginia, 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 constitution and form of government for this common- 
wealth : 

Article I 

BILL OF RIGHTS 

A DECLARATION OF EIGHTS MADE UY THE KEPRESENTATIVES 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 

Section 1. That all men are by nature equally free and independ- 
ent, and have certain inherent rights, of which, when they enter into 
a state of society, they cannot, b}^ 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 ob- 
taining happiness and safety. 

Sec. 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. 

Sec. 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 notwithstanding. 

Sec. 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. 

Sec. f). That government is, or ought to be, instituted for the com- 
mon benefit, protection, and security of the people, nation, or com- 
munity ; of all the various modes and forms of government, that is 
best which is capable of producing the greatest degree of happiness 



3874 Virginia— 1870 

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 com- 
munity hath an indubitable, inalienable, and indefeasible right to 
refonn, alter, or abolish it, in such manner as shall be judged most 
conducive to the public weal. 

Sec. G. That no man, or set of men, are entitled to exclusive or 
separate emoluments or privileges from the community but in con- 
sideration of i)ublic services; which, not being descendible, neither 
ought the offices of magistrate, legislator, or judge to be hereditary. 

Sec. 7. That the legislative, executive, and judicial powers should 
be separate and distinct; and that the members thereof may be re- 
strained from oppression, by feeling and participating the burdens of 
the people, they should at fixed periods be reduced to a private sta- 
tion, return into that body from Avhich they were originally taken, 
and the vacancies be supplied by frequent, certain, and regular elec- 
tions, in which all or any part of the former members to be again 
eligible or ineligible, as the law shall direct. 

Sec. 8. That all elections ought to be free, and that all men, having 
sufficient evidence of permanent common interest with, and attach- 
ment 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. 

Sec. 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. 

Sec. 10. That in all capital or criminal prosecutions a man hath 
a right to demand the cause and nature of his accusation, to be con- 
fronted with the accusers and Avitnesses, 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 judg- 
ment of his peers. 

Sec. 11. That excessive bail ought not to be required, nor excessive 
fines imposed, nor cruel and unusual punishment inflicted. ' 

Sec. 12. That general warrants, whereby an officer or messenger 
may be commanded to search suspected places Avithout evidence of a 
fact committed, or to seize any person or persons not named, or 
whose offence is not particularly described and supported by evi- 
dence, are grievous and oppressive, and ought not to be granted. 

Sec. 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. 

Sec. 14. That the freedom of the press is one of the great bul- 
warks of liberty, and can never be restrained but by desjDotic gov- 
ernments; and any citizen may speak, write, and publish his senti- 
ments on all subjects, being responsible for the abuse of that liberty. 

Sec. 15. That a Avell-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 



Virginia— 1870 3875 

as dangerous to liberty, and that in all cases the military should be 
under strict subordination to and governed by the civil power. 

Sec. 16. That the i:)eople 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. 

Sec. 17. That no free government, or the blessings of liberty, can 
be preserved to any people but by a firm adherence to justice, mod- 
eration, temjierance, and virtue, and by a frequent recurrence to fun- 
damental jorinciples. 

Sec. 18. That religion, or the duty which we owe to our Creator, 
and the manner of discharging it, can be directed onlj^ 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 prac- 
tise Christian forbearance, love, and charity towards each other. 

Sec. 10. That neither slavery nor involuntary servitude, except as 
lawful imprisonment may constitute such, shall exist within this 
State. 

Sec 20. That all citizens of the State are hereby declared to pos- 
sess equal civil and political rights and public privileges. 

Sec. 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 inhab- 
itants of this State is hereby declared to be a part of the constitu- 
tion of this commonwealth, and shall not be violated on any pretence 
whatever. 

Article II 
DIVISION or powers 

The legislative, executive, and judiciary departments shall be sep- 
arate and distinct, so that neither exercise the powers properly belong- 
ing to either of the others; nor shall any person exercise the power 
of more than one of 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 county, city, or town in which he shall offer to vote three 
months next preceding 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 
shall 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, Avhile a citizen of this State, has, since the adop- 
tion of this constitution, fought a duel with a deadly weapon, sent or 
accepted a challenge to fight a duel with a deadly weapon, either 



3876 Virginia— 1770 

within or beyond the boundaries of this State, or knowingly con- 
veyed a challenge, or aided or assisted in any manner in fighting a 
duel, shall be allowed to vote or hold any office of honor, profit, or 
trust under this constitution. 

4th. Every person who has been a senator or representative in 
Congress, or elector of President or Vice-President, or who held any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a member of any State Leg- 
islature, or as an executive or judicial officer of any State, shall have 
engaged in insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. 

This clause shall include the following officers: Governor, lieu- 
tenant-governor, secretary of state, auditor of public accounts, second 
auditor, register of the land office. State treasurer, attorney-general, 
sheriffs, sergeant Of a city or town, commissioner of the revenue, 
county surveyors, constables, overseers of the poor, commissioner of 
the board of public works, judges of the supreme court, judges of the 
circuit courts, judge of the court of hustings, justices of the county 
courts, mayor, recorder, alderman, councilmen of a city or town, 
coroners, escheators, inspectors of tobacco, flour, &c., clerks of the 
supreme, district, circuit and county courts, and of the court of hust- 
ings, and attorneys for the commonwealth. 

Proridi'd, That the legislature nuiy, by a vote of three-fifths of 
both houses, remove the disabilities incurred by this clause from any 
person included therein, by a separate vote in each case. 

Sec. 2. All elections shall be ballot, and all persons entitled to vote 
shall be eligible to any office within the gift of the people, except as 
restricted in this constitution. 

Sec. 3. All persons entitled to vote and hold office, and none others, 
shall be eligil)le to sit as jurors. 

Sec. 4. The general assembly shall, at its first session under this 
constitution, enact a general registration law; and every person 
offering or applying to register shall take and subscribe, before the 
officer charged with making a registration of voters, the following 
oath : 

" I, , do solemnly swear [or affirm] that I am not dis- 
qualified from exercising the right of suffrage by the constitution 
framed by the convention which assembled in the city of Richmond 
on the third day of December, 1807, 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 com];)elled 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 under any civil process during his attendance at 
elections, or in going to or returning from them. 

OATH OF OFFICE 

Sec. 6. All persons, before entering upon the discharge of any 
function as officers of this State, must take and subscribe the follow- 
ing oath or affirmation : 

" I, , do solemnly swear [or affirm] that I will sup- 
port and maintain the Constitution and laws of the United States, 



Virginia— 1870 3877 

and the constitution and laws of the State of Virginia ; that I recog- 
nize and accept the civil and political equality of all men before the 

law, and that I will faithfully perform the duty of to the 

best of my ability: So help me God." 

Sec. 7. In addition to the foregoing oath of office, the governor, 
lieutenant-governor, members of the general assembly, secretary of 
state, auditor of public accounts. State treasurer, attorney-general, 
and all persons elected to any convention to frame a constitution for 
this State, or to amend or revise this constitution in any manner, and 
mayor and council of any city or town, shall, before they enter on the 
duties of their respective offices, take and subscribe the following 
oath or affirmation: Provided, The disabilities therein contained 
may be individually removed by a three-fifths vote of the general 
assembly : 

" I, , do solemnly swear [or affirm] that I have never 

voluntarily borne arms against the United States since I have been 
a citizen thereof; that I have voluntarily given no aid, countenance, 
counsel or encouragement to persons engaged in armed hostility 
thereto; that I have never sought nor accej)ted, nor attempted to 
exercise the functions of any office whatever, under any authority, 
or pretended authority, in hostility to the United States; that I 
have not yielded a voluntary support to any pretended government, 
authority, power or constitution within the United States, hostile or 
inimical thereto. And I do further swear [or affirm] that, to the 
best of my knowledge and ability, I will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that I will bear true faith and allegiance to the same; 
that I take this obligation freely, without any mental reservation or 
purpose of evasion, and that 1 will well and faithfully discharge 
the duties of the office on which I am about to enter. So help me 
God." 

The above oath shall also be taken by all city and county officers 
before entering upon their duties, and by all other State officers not 
included in the above provision. 

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 commence on the first day of January next succeeding his election, 
and be ineligible to the same office for the term next succeeding that 
for which he was elected, and to any other office during his term of 
office. 

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 house 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 

7535— VOL 7—09 7 



3878 Virginia— 1870 

then be counted. The person having the highest 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 governor 
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 
receive 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; 
communicate to the general assembly, at every session, the condition 
of the commonwealth ; recommend to their consideration such meas- 
ures 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 oj)inion, the interest of 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, to 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, ;;ro 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 daj^s after the commencement of the next session 
of the general assemblj' . He shall have power to remit fines and pen- 
alties in such cases and under such rules and regulations as may be 
prescribed by law ; and, except when the prosecution has been carried 
on b}^ the house of delegates, to grant reprieves and pardons after 
conviction; to remove political disabilities consequent upon convic- 
tion for offenses committed prior or subsequent to the adoption of 
this constitution, and to commute capital 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 remit- 
ting, granting, or commuting the same. 

Sec. G. He may require information, in writing, from the officers 
in the executive dej^artment upon any subject relating to the duties 
of their respective offices; and may also require the opinion, in writ- 
ing, of the attorney- general upon any question of law connected with 
his official duties. 

Sec. 7. Commissions and grants shall run in the name of the com- 
monwealth 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 



Virginia— 1870 3879 

to the governor; 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 approved by two- 
thirds of all the members present, it shall become a law, notwith- 
standing 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 reso- 
lution 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 shall have been j^resented to 
him, the same shall be a law in like manner as if he had signed it, 
unless the legislature shall, by their adjournment, 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 some. 

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 compensation, shall devolve upon the lieutenant- 
governor ; and the general assembly shall provide by law for the dis- 
charge 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 
secretary ; 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 



3880 Virginia— 1870 

bureau of agriculture and immigratiou, 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 
governor, auditor, and treasurer of the commonwealth, under such 
regulations as may be prescribed by law. 

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 delegates. 

Sec. 2. The house of delegates sha'll 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 appor- 
tioned as follows: 
District No. 1. Accomac shall have two delegates. 

2. Albemarle shall have three delegates. 

3. 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. 

D. Bath and Highland shall have one delegate. 

10. Bedford shall have three delegates. 

11. Bland shall haA^e one delegate. 

12. Botetourt shall have one delegate. 

13. Brunswick shall have one delegate. 

14. Buckingham shall have two delegates. 

15. Buchaiuin 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. 

21. Chesterfield and Powhatan shall liaA^e three delegates. 

22. Cumberland shall have one delegate. 

23. Culpeper shall have one delegate. 

24. Clarke shall liaA-e one delegate. 

25. Dinwiddie shall haA^e one delegate. 

26. Elizabeth City and WarAvick shall have tAvo delegates. 

27. Essex shall haA^e one delegate. 

28. Fauquier shall haA^e tAvo delegates. 

29. Fairfax shall have one delegate. 

30. Floyd shall have one delegate. 

31. Franklin shall have two delegates. 

32. Fluvanna shall haA^e one delegate. 

33. Frederick shall have one delegate. 

34. Giles shall have one delegate. 



Virginia— 1870 3881 

35. Goochland shall have one delegate. 

36. 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 dele- 

gates. 
48. Henry shall have one delegate. 

44. Isle of AVight shall have one delegate. 

45. James City and city of Williamsburg shall have one 

delegate. 

46. King and Queen shall have one delegate. 

47. King AVilliam shall have one delegate. 

48. King George shall have one delegate. 

49. Lancaster shall have one delegate. 

50. Lee shall have one delegate. 

51. Louisa shall have two delegates. 
62. Lunenburg shall have one delegate. 

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. Nansemond 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. 

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. 

70. Pittsylvania shall have four delegates. 

71. Petersburg City shall have two delegates. 

72. Prince Edward shall have one delegate. 

73. Prince George shall have one delegate. 

74. Prince William shall have one delegate. 

75. Pulaski shall have one delegate. 

76. Princess Anne shall have one delegate. 

77. Rappahannock shall have one delegate. 

78. Richmond County shall have one delegate. 

79. Rockingham shall have two delegates. 

80. Rockbridge shall have two delegates. 

81. Roanoke shall have one delegate. 

82. Russell shall have one delegate. 

83. Shenandoah shall have one delegate. ■ 

84. Smyth shall have one delegate. 

85. Southampton shall have one delegate. 



3882 Virginia— 1870 

86. Scott shall have one delegate. 

87. Surry shall have one delegate. 

88. Stafford shall have one delegate. 

89. Sussex shall have one delegate. 

90. Spotsylvania shall have one delegate. 

91. Tazewell shall have one delegate. 

92. Washington shall have two delegates. 

93. AVarren shall have one delegate. 

94. Westmoreland shall have one delegate. 

95. Wythe shall have one delegate. 

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 forty districts. Each county, city, and town of 
the respective districts, at the time of the first election of its delegates 
or delegates luider this constitution, shall vote for one or more sena- 
the respective districts, at the time of the first election of its delegate 
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 expiration of term shall 
be filled by the election of senators for the full term. 

The following shall constitute the senatorial districts: 

Alexandria, Fairfax, and Loudoun shall form the first district, and 
be entitled to two senators. 

Fauquier, Rapj^ahannock, and Prince William shall form the sec- 
ond district, and be entitled to one senator. 

Orange, Culpeper, and Madison shall form the third district, and 
be entitled to one senator. 

Stafford, Spotsjdvania, and Louisa shall form the fourth district, 
and be entitled to one senator. 

Fluvanna, Goochland, and Powhatan shall form the fifth district, 
and be entitled to one senator. 

Albemarle and Greene shall form the sixth district, and be entitled 
to one senator. 

Buckingham and Appomattox shall form the seventh district, and 
be entitled 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 



Virginia— 1870 3883 

Lancaster shall form the sixteenth district, and be entitled to one 
senator. 

Caroline, Essex, and King William shall form the seventeenth dis- 
trict, and be entitled to one senator. 

Gloucester, Middlesex, Mathews, and King and Queen shall form 
the eighteenth district, and be entitled to one senator. 

Richmond City and Henrico shall form the nineteenth district, and 
be entitled 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 district, and be entitled to one senator. 

Nansemond, Southampton, and Isle of Wight shall form the twenty- 
second district, and be entitld to one senator. 

Greenesville, Dinwiddle, 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 entitled 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 entitled to one senator. 

Accomac and Northamjjton 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. 

Cumberland, Amelia, and Nottoway shall form the thirtieth dis- 
trict, and be entitled to one senator. 

Frederick, Clarke, and Shenandoah shall form the thirty-first dis- 
trict, and be entitled to one senator. 

Page, Warren, and Rockingham shall form the thirty-second dis- 
trict, 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 dis- 
trict, 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 dis- 
trict, 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 enu- 
meration of the inhabitants of the State by the United States, a 
reapportionment of senators and members of the house of delegates, 
and every tenth year thereafter, shall be made. 



3884 Virginia— 1870 

QUALIFICATIONS OF SENATORS AND DELEGATES 

Sec. 5. Any i3erson 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 consti- 
tution; 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, qualified to A'ote for mem- 
bers of the general assembly according to this constitution. The 
leuioval of any person elected to either branch of the general assem- 
bly from the city, county, town, or district for which he was elected, 
shall vacate his office. 

POWERS AND DUTIES OF THE GENERAL ASSEMHLY 

Sec. G. The general assembly shall meet annualh^, and not oftener, 
unless convened by the governor in the manner prescribed in this 
constitution. Xo session of the general assembly, after the first 
under this constitution, shall continue longer than ninety days, 
Avithout the concurrence of three-fifths of the members elected to each 
house; in which case the session may be extended for a further 
period, not exceeding thirty days. Neither house, during the session 
of the general assembl}', 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 business; but 
a smaller number may adjourn from day to da_y, and shall have 
power to com])el the attendance of absent members in such manner 
and under such })enalty as each house may prescribe. 

Sec. T. The house of delegates shall choose its own speaker, and in 
the al)sence of the lieutenant-governor, or Avhen he shall exercise the 
office of governor, the senate shall choose from their own body a presi- 
dent jrro tempore,' and each house shall ai)point its own officers, settle 
its own rules of proceeding, and direct writs of election for supplying 
intermediate vacancies; but if vacancies shall occur during the recess 
of the general assembly, such writs may be issued by the governor, 
under such regulations as may be prescribed by law. Each house 
shall judge of the election, qualification, 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 
services a compensation, to be ascertained by law, and paid out of 
the i^ublic treasury, but no act increasing such comi)ensation shall 
take effect until after the end 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 under the connnonwealth, 
which has been created, or the emoluments of which have been in- 
creased, 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, Avith the consent of the other. 

Sec. 10. Eacli house of the general assembly shall keep a journal 



Virginia— 1870 3885 

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 subject to arrest under any civil 
process, during the session of the general assembly, nor for fifteen 
days next before the convening and after the termination 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 dis- 
tricts, corresponding in number with the Representatives to which it 
may be entitled 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 population. 

Sec. 14. The privilege of the writ of habeas covpus 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 jjost facto Jau\ or any law impairing the obliga- 
tion 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 worship, place, or ministry whatso- 
ever, nor shall any man be forced, restrained, molested, or burdened 
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 argu- 
ment to maintain, their opinions in matters of religion, and the same 
shall in no wise affect, diminish, or enlarge their civil capacities. 
And the general assembly shall not prescribe any religious test what- 
ever, or confer any peculiar privileges or advantages on any sect 
or denomination, or pass any law requiring or authorizing any reli- 
gious 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 left free to every person to select his reli- 
gious 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 
expressed 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 reenacted and published at length. 

Sec. 16. The governor, lieutenant-governor, judges, and all others 
offending against the State, by maladministration, corruption, neg- 
lect of duty, or other high crime or misdemeanor, shall be impeach- 
able by the house of delegates, and be prosecuted before the senate, 



3886 Virginia— 1870 

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 of two-thirds of the mem- 
bers present. Judgment, in case 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 impeach- 
ment. 

Sec. 17. The general assembly shall not grant a charter of incor- 
poration to any church or religious denomination, but may secure the 
title to church i^roperty to an extent to be limited by law. 

Sec. 18. No lottery shall hereafter be authorized by law ; and the 
buying, selling, or transferring of tickets or chances in any lottery 
shall be prohibited. 

Sec. 19. No new county shall be formed Avith 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 population less than ten thousand be deprived of more than one- 
fifth of such population ; nor shall a county having a larger popula- 
tion 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 sep- 
arate 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 dis- 
abilities, but shall not, by special legislation, grant relief in such 
cases, or in any other case of which the courts or other tribunals may 
have jurisdiction. 

Sec. 21. The general assembly shall provide for the annual regis- 
tration of births, marriages, and deaths. 

Sec. 22. The manner of conducting and making returns of elec- 
tions, 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 constitution. 

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 consti- 
tution, shall be regulated by law. 

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 



Virginia —1870 3887 

pi'ohibition. 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 controversies concerning the title 
or boundaries of land, the probate of a will, the appointment or quali- 
fication of a personal representative, guardian, committee, 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 su- 
preme court of appeals and of the circuit courts, or any of them, to 
try any cases on the docket of said court, in respect to which a major- 
ity 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 con- 
venient dispatch. 

Sec. 4. When a judgment or decree is reversed or affirmed by the 
supreme court of appeals, the reasons therefor shall be stated in writ- 
ing 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 assembly, 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 ap- 
pointed by the said court, or the judges thereof in vacation. Their 
duties, compensation, and tenure of office shall be prescribed by law. 

Sec. T. 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 
commissioned by the governor, perform such duties, and receive such 
compensation as may be prescribed by law, and shall be removable in 
the manner prescribed for the removal of judges. 

CIRCUIT COURTS 

Sec. 9. The State shall be divided into sixteen judicial circuits, as 
follows : 

1. The counties of Norfolk, Princess Anne, Nansemond, Isle of 
Wight, Southampton, Surry, and the city of Norfolk, shall constitute 
the first circuit. 

2. The counties of Sussex, Greenesville, Brunswick, Prince George, 
Dinwiddle, Nottoway, Chesterfield, and the city of Petersburg, shall 
constitute the second circuit. 

3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, 
Powhatan, Prince Edward, Buckingham, and Cumberland shall con- 
stitute the third circuit. 

4. The counties of Halifax, Pittsylvania, Henry, Patrick, Frank- 
lin, and the town of Danville, shall constitute the fourth circuit. 



3888 Virginia^l870 

5. The counties of Bedford, Campbell, Appomattox, Amherst, Nel- 
son, 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 consti- 
tute the seventh circuit. 

8. The counties of Accomac, Xorthampton, York, Elizabeth City, 
Warwick, James Citv, New Kent, Charles City, and the city of Wil- 
liamsburg, shall constitute the eighth circuit. 

9. The counties of Lancaster, Northumberland, Mathews, Middle- 
sex, Gloucester. King William, Essex, and King and Queen shall con- 
stitute the ninth district. 

10. The counties of Westmoreland, Spotsylvania, Caroline, Han- 
over, Stafford. King George, Richmond, and Louisa shall constitute 
<he tenth circuit. 

11. The counties of Loudoun, Fauquier, Fairfax, Prince William, 
Rappahannock, and Alexandria shall constitute the eleventh circuit. 

12. The counties of Frederick, Clarke, Warren, Page, Shenandoah, 
and Rockingham shall constitute the twelfth circuit. 

13. The counties of Augusta, Rockbridge, Bath, Highland, and 
Alleghany shall constitute the thirteenth circuit. 

11:. 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 
Tazewell shall constitute the fifteenth circuit. 

ID. The counties of Smyth, Washington, Lee, Scott, Wise, Russell, 
and Buchanan shall constitute the sixteenth circuit. 

Sec. 10. The general assembly may rearrange said circuits, or any 
of them, and increase or diminish the number thereof wdien the public 
interests shall require it. 

Sec. 11. P'or 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 pre- 
scribed by this constitution. Pie 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 wdiich 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 
Avherein a circuit court noW' is, or may hereafter be, established ; 
but the judges may be required or authorized to hold the courts of 
their respective circuits alternateh', and the judge of one circuit to 
hold court in 'awj 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: ProrklccL That counties containing less than eight thousand 
inhabitants shall be attached to adjoining counties for the formation 
of districts for county judges; countj^-court judges shall be chosen in 
the same manner as judges of the circuit courts; they shall hold their 



Virginia— 1870 3889 

office for a term of six years, except the first term under this constitu- 
tion, which shall be three years, and during their continuance in 
office they shall reside in their respective counties or districts; the 
jurisdiction of said courts shall be 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 there shall be elected, on the joint vote of the two 
houses of the general assembly, one city judge, who shall hold a cor- 
poration 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 juris- 
diction which may be given by law to the circuit courts of this State, 
and who shall hold his office for a term of six years: Provided^ That 
in cities or towns containing thirty thousand inhabitants there may 
be elected an additional judge to hold courts of probate and record 
sej^arate and apart from the corporation or hustings courts, and per- 
form 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 towns: One clerk of the 
corporation or hustings court, who shall also be the clerk of the cir- 
cuit court, except in cities or towns containing a population of thirty 
thousand 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. 1G. 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. 

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 coimty 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 sub- 
ordinates on oath. The evidence given by persons so examined shall 
not be used against them in any criminal proceedings. He shall also 
have poAver 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. All city, toAvn, and village officers, whose election or appoint- 
ment 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 



3890 Virginia— 1870 

assembly shall designate. All other officers whose election or appoint- 
ment is not provided for by this constitution, and all officers whose 
offices may be hereafter created by law, shall be elected by the people, 
or appointed, as the general assembly may direct. Members of com- 
mon 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 gov- 
ernment 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. Nothing 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 
Avater and Avithin the jurisdiction or boundaries of any 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 
«hall 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 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 alloAvances 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 Janu- 
ary 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 shall 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 remoA^al shall be entered on the journal of each house. The 
judge against whom the general assembly may be about to proceed 
shall have notice thereof, accompanied 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 
circuit courts shall not hold any other office or public trust during 
their continuance in office. 

Sec. 25. Judges, and all other officers elected or appointed, shall 
continue 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 Vir- 
ginia, 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 

Section 1. There shall be elected by the qualified voters of the 
county one sheriff, one attorney for the commonwealth, who shall also 



Virginia— 1870 3891 

be the commonwealth'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 sep- 
arate clerk for the circuit court, one county treasurer, and one super- 
intendent of the poor; and there shall be appointed, in the manner 
provided for in Article VIII, one superintendent of schools : Pro- 
vided, That counties containing less than eight thousand inhabitants 
may be attached to adjoining counties for the formation of districts 
for superintendents of schools : Provided also, That in counties con- 
taining thirty thousand inha*bitants there may be appointed an addi- 
tional superintendent of schools therein. All regular elections for 
county officers shall be held on the first Tuesday after the first Mon- 
day in November, and all officers elected or appointed under this pro- 
vision shall enter upon the duties of their offices on the first day of 
January next succeeding their election, and shall hold their respective 
officers 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 county of the State shall be divided into so many com- 
pactly located townships as may be deemed necessary, not less than 
three: Provided, That after three have been formed no additional 
township shall be made containing less than 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 annually one supervisor, one township 
clerk, one assessor, one collector, one commissioner of roads, one over- 
seer of the poor, one 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 constables 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 elec- 
tion. The supervisors of each township shall constitute the board of 
supervisors for that county, and shall assemble at the court-house 
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 town- 
ships, and perform such other duties as shall be prescribed by law. 

SCHOOI.- 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 be elected or ap- 
pointed annually one school trustee, who shall hold his office three 
years: Provided, That at the first election held under this provision 
there shall be three trustees elected, whose terms shall be one, two, 
and three years, respectively. 



3892 Virginia— 1870 



ROAD DISTRICTS 



Sec. .4. Each townshij) shall be divided into one or more road dis- 
tricts. In each road district there shall be elected annually one over- 
seer of roads, under whose direction the roads shall be kept in repair, 
at the public expense, in a mode prescribed by law. 

Sec. 5. The general assembly, at its first session after the adopti,on 
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 additional 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 sheriff's. 

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 con- 
sideration 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 gov- 
ernor, superintendent of public instruction, and attorney-general, 
which shall a])i)oint and have power to remove for cause and upon 
notice to the incumbents, subject to confirmation by the senate, all 
county superintendents of public free schools. This board shall have, 
regulated by law, the management 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 ses- 
sion under this constitution, a uniform system of public free schools, 
and for its gradual, equal, and full introduction into all the counties 
of the State by the year eighteen hundred and seventy-six, or as much 
earlier as practicable. 

Sec. 4. The general assembly shall have poAver, after a full intro- 
duction of the public free-school system, to make such laws as shall 
not ])ermit parents and guardians to allow their children to grow up 
in ignorance and vagrancy. 

Sec. 5. The general assembly shall establish, as soon as practicable, 
normal schools, and may establish agricultural schools and such 
grades of schools as shall be for the public good. 

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, under such regulations as may be 
]irovided by law. 

Sec. 7. The general assembly shall set apart, as a permanent and 
perpetual " literary f imd," the present literary funds of the State, the 



Virginia— 1870 3893 

proceeds of all public lands donated by Congress for public-school 
IDuri^oses, of all escheated property, of all waste 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 assembly 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 
jjublic 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. Pro- 
vision 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 proj^erty for the support of public free schools. All unex- 
pended sums of any one year in any public free-school district shall 
go into the general school-fund for redivision the next year: Pro- 
vided, 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 redivision, 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 pur- 
pose a permanent educational fund. 

Sec. 10. All grants and donations received by the general assembly 
for educational purposes shall be applied according to the terms pre- 
scribed by the donors. 

Sec. 11. Each city and county shall be held accountable for the 
destruction of school property that may take 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. 

Article IX 

MILITIA 

Section 1. The militia of this State shall consist of all able-bodied 
male persons 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 militia, and shall not be required to muster in time of 
peace. 

7535— VOL 7—09 8 



3894 Virginia— 1870 

AkticixE X . 

TAXATION AND FINANCE 

Section 1. Taxation, except as hereafter provided, whether im- 
posed by the State, county, or corporate bodies, shall be equal and 
uniform, and all property, 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 property 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 
oj^sters 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 dollars per annum, and upon the following licenses, 
viz : the sale of ardent spirits, theatrical and circus companies, 
menageries, jugglers, itinerant pedlers, and all other shows and ex- 
hibitions for which an entrance-fee is required, commission mediants, 
persons selling by sample, brokers, and pawnbrokers, and all other 
business which cannot be reached by the ad-ralore?n system. The 
capital invested in all business oj^erations shall be assessed and taxed 
as other property. Assessments upon all stock shall be according to 
the market-value thereof. 

Sec. 5. The general assembly may levy a tax, not exceeding one dol- 
lar per annum, on every male citizen who has attained the age of 
twenty-one years, wihch shall be applied exclusively in aid of public 
free schools; and counties and corporations shall have power to 
impose a capitation-tax. not exceeding fifty cents per annum for all 
purposes. 

Sec 6. The general assembly shall provide for a reassessment 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 assessments, no land shall be assessed above or below its value. 

Sec 7. No debt shall be contracted by this State except to meet 
casual deficits in the revenue, to redeem a previous liability of the 
State, to suppress insurrection, repel invasion, or defend the State 
in time of Avar. 

Sec 8. The general assembly shall provide, by law, a sinking-fund, 
to be applied solely to the payment and extinguishment of the princi- 
pal of the State debt, which sinking-fund shall be continued until the 
extinguishment of such State debt; and every law hereafter enacted 
by the general assembly, 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 discrimination hereafter be made in paying 
the interest on State bonds which shall give a higher actual value to 



Virginia— 1870 3895 

bonds held in foreign countries over the same class of bonds held in 
this country. 

Sec. 10. No money shall be paid out of the State treasury except in 
pursuance of appropriations made by law; and no apj^ropriation 
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 pay- 
ment 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, discharges, or commutes any claim or demand of the State, 
the vote shall be determined by ayes and noes, and the names of the 
persons voting for and against the same shall be entered on the jour- 
nals 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 indebted- 
ness shall be issued except for the redemption of stock previously 
issued, or for such debts as are expressly authorized in this contitu- 
tion. 

Sec. 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 engage in carrying on any 
such work, otherwise than in the expenditure of grants to the State 
of land or other property. 

Sec. 1G. Every law which imposes, continues, or revives a tax shall 
distinctly state the tax and the object to which it is to be ajDplied, and 
it shall not be sufficient to refer to any other law to fix such tax or 
object. 

Sec. it. The State shall not assume any indebtedness of the county, 
borough, nor city, nor lend its credit to the same. 

Sec. 18. A full account of the State indebtedness, and an accurate 
statement of receipts and expenditures of the 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 Vir- 
ginia, ancl shall provide that such sum as shall be received from West 
Virginia shall be applied 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 
government, or to pay the existing indebtedness of the State. 

Sec. 21. The liability to the State of any incorporated company or 
institution 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. 



3896 Virginia— 1870 



USURY « 

Upon debts hereafter contracted it shall be lawful to receive any 
rate of interest not exceeding twelve per centum per annum, which 
may be agreed upon by the parties and be specified in the bond, note, 
or other writing evidencing the debt. AVhen there is no such agree- 
ment, the rate of interest shall be six per centum per annum for the 
use and forbearance of every hundred dollars. 

Article XI 

MISCELLANEOI'S l'RO^•ISIONS 
HOMESTEAD AND OTHER EXEMPTIONS 

Section 1. Every householder or head of a family shall be en- 
titled, in addition to the article now exempt fnmi levy or distress 
for rent, to hold exempt from levy, seizure, garnisheeing, or sale, 
under any execution, order, or other process, issued on any demand 
for anj^ debt heretofore or hereafter contracted, his real and personal 
property, or either, including mone}^ 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: Prorlded, 
That such exemption shall not extend to any execution, order, or 
other process issued on any demand in the following cases: 

1. For the purchase price of said property, or any part thereof. 

2. For services rendered by a laboring person or a mechanic. 

3. For liabilities incurred by any public officer, or officer of a court, 
or any fiduciary, or any attorney at law, for money collected. 

4. For a lawful claim for any taxes, levies, or assessments accruing 
after the first day of June, ISGG. 

5. For rent hereafter accruing. 

C. 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 jjroperty which has been sul)- 
sequently restored to the defendant, or judgment rendered or docketed 
on and after the ITth day of April, 1861, and before the 2d day of 
March, 18G7, for any debt contracted previous to the 4th day of 
April, 1805, except debts of the character 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 leg- 
islation which the general assembly may deem necessary to fully 
carry out the provisions of this article. 

o See amendment. 



Virginia— 1870 3897 

Sec. 5. The general assembly shall, at its first session under this 
constitution, 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 family, a homestead out of any property hereby 
exempted, and may, in its discretion, 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 impair 
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 29, 1867, 
and an act entitled "An act to stay the collection of debts for a limited 
period," passed March 2, 18G6, 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 con- 
veyed 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 purj^orting to govern the same, but all 
such property shall pass to and be held by the parties set forth in 
the original deeds of conveyance, 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 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 CHANGES IN THE CONSTITUTION 

Any amendment or amendments to the constitution may be pro- 
posed 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 assembly to be chosen at the next general election of 
senators and members of the house of delegates, and shall be pub- 
lished for three months previous to the time of making such choice. 
And if in the general assembly so next chosen as aforesaid, such pro- 
posed 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 



3898 Virginia— 1870 

the general assembly to submit such proposed amendment or amend- 
ments to the people, in such manner 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 quali- 
fied to vote for members of the general assembly voting thereon, such 
amendment or amendments shall become part of the constitution. 

At the general election to be held in the year 1888, and in each 
twentieth year thereafter, and also at such time as the general assem- 
bly may by law provide, the question, " Shall there be a convention 
to revise the constitution and amend the same ? '' shall be decided by 
the electors qualified to vote for members of the general assembly; 
and in case a majority of the electors so qualified voting at such elec- 
tion shall decide in favor of a convention for such purpose, the gen- 
eral assembh', at its next session, shall provide by law for the elec- 
tion of delegates to such convention: Provided, That no amendment 
or revision shall be made which shall deuA'^ 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 classes 
without distinction. 

John C. Underwood, President, 

Attest : 

George Rye, Secretary. 

J. H. Painter, Assistant /Secretary. 

SCHEDULE 

That no inconvenience may arise from the changes in the constitu- 
tion of this State, and in order to carry the same into complete opera- 
tion, it is hereby declared that — 

Section 1. The conmion law and the statute laws now in force, not 
repugnant to this constitution, 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 ma}" hereafter be found, for an}' 
crime or offence committed before the adoption of this constitution, 
may be proceeded upon as if no change had taken place. The several 
courts, excejjt as herein otherwise provided, shall continue with the 
like powers and jurisdiction, both in law and in equity, as if this con- 
stitution 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 executed before the adoption of this con- 
stitution, to the people of the State of Virginia, to any State, county, 
or township, or any public officer or public body, or Avhich may be 
entered into or executed, under existing laws, " to the j^eople of the 
State of Virginia," to any such officer or public body before the com- 
plete organization of the department of government mider this con- 
stitution, shall remain binding and valid, and rights and liabilities 



Virginia— 1870 3899 

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. 

ELECTION ORDINANCE 

An ordinance concerning the election for ratification of tliis constitution and 
for State officers and members of Congress 

Section 1. Be it ordained hy the people of Virginia in convention 
assembled., That the constitution adopted by this convention be sub- 
mitted 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 constitution " or "Against the consti- 
tution." 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 sliall be held at the same time and places for 
members of the general assembly 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 per- 
sons. 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 qualified, in cohipli- 
ance 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 congressional districts as established by this con- 
vention, one member of Congress being elected in the State at large, 
at the same time and places as the election for State officers; said 
election to be conducted by the same persons and under the same 
regulations before mentioned in this ordinance; 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 Wednesdav, the 
24th day of June, 1868. ' 

Sec. 5. The commanding general is requested to enforce this 
ordinance, 

congressional apportionment 

Be it ordained hy the people of Virginia in convention assembled., 
That the following-named counties shall compose the respective 
congressional districts: 

The counties of Accomac, Northampton, Northumberland, Rich- 
mond, Westmoreland, Essex, Lancaster, Middlesex, King and Queen, 



3900 Virginia— 1870 

King William, Gloucester, Mathews, York, James City, city of Wil- 
liamsburg, Elizabeth City, Warwick, King George, and Caroline, 
with a population of 151,295, shall form the first congressional 
district. 

The counties of Princess Anne, Norfolk City, Norfolk County, 
city of Portsmouth, Nansemond, Southampton, Greenville, Sussex, 
Surry, Dinwiddle, city of Petersburg, Prince George, Isle of Wight, 
and Nottoway, with a population of 150,584, 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 149,021, shall form the third congressional 
district. 

The counties of Brunswick, Mecklenburg, Lunenburg, Charlotte, 
Halifax, Pittsylvania, Franklin, Patrick, and Henry, with a popula- 
tion of 160,730, shall form the fourth congressional district. 

The counties of Greene, Albemarle, Fluvanna, Nelson, Bucking-" 
ham, Amherst, Appomattox, Bedford, Campbell, Prince Edward, 
and the city of Lynchburg, with a population of 155,490, shall form 
the fifth congressional district. 

The counties of Frederick, city of Winchester, Clarke, Warren, 
Page, Shenandoah, Rockingham, Augusta, town of Staunton, High- 
land, Bath, Botetourt, Allegheny, and Rockbridge, with a poijulation 
of 146,824, shall form the sixth congressional district. 

The counties of Alexandria, f'airfax, Prince William, Fauquier, 
xStafford, Rappahannock, Culpepper, Spottsylvania, town of Fred- 
ericksburg, Orange, Louisa, Loudon, and Madison, with a population 
of 158,295, shall form the seventh congressional district. 

The counties of Montgomery, Giles, Pulaski, Wythe, Bland, Taze- 
well, Smyth, AVashington, Russell, Scott, Lee, Wise, Buchanan, Gray- 
son, Carroll, Floyd, Craig, and Roanoke, with a population of 147,679, 
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 or repealed by the legislature. 

John C. Underwood, President. 

Attest : 

Gkorgk Rye, Secretary. 

J. H. Painter, Assistant /Secretary. 



AMENDMENTS TO THE CONSTITUTION OF 1870 

(Ratified 1872) 

Art. X. Amended by striking out the following clanse in relation 
to usury : Upon debts hereafter contracted it shall be lawful to receive 
any rate of interest not exceeding twelve per centum per annum, 
Avhich may be agreed upon by the parties and be specified in the bond, 
note, or other writing evidencing the debt. Wlien there is no such 
agi'eement, the rate of interest shall be six per centum per annum for 
the use and forbearance of every hundred dollars. 



Virginia— J 870 3901 

(Ratified 1874) 

Art. VII. Amended hy striking out the first, second, third, and 
fourth sections, and inserting in lieu thereof : 

Section 1. There shall be elected by the qualified voters of the 
county, one sheriff, one attorney for the commonwealth, (who shall 
also be the commonwealth's attorney for the circuit court,) one county 
clerk, (wdio shall be 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 so many com- 
missioners of the revenue as may be provided by law ; and there shall 
be appointed, in a manner to be provided by law, one superintendent 
of the poor and ones county surveyor ; and there shall also be ap- 
pointed, in the manner provided for in article eight, one superintend- 
ent of schools. All regular elections for county officers shall be held 
on the fourth Thursday in May ; and all officers elected or appointed 
under this provision shall enter upon the duties of their offices on the 
first day of July next succeeding their election, and shall hold their 
respective offices for the term of four years, except that county and 
circuit court clerks shall hold their offices for six years. 

Sec. 2, Each county of the State shall be divided into so many 
compactly-located magisterial districts as may be deemed necessary, 
not less than three: Provided, That after these have been formed no 
additional districts shall be made containing less than thirty square 

miles, each magisterial district to be known as magisterial 

district of county. In each district there shall be elected one 

supervisor, three justices of the peace, one constable, and one overseer 
of the poor, who shall hold their respective offices for the term of two 
years. All regular elections for magisterial district officers shall take 
jjlace 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 the district 
shall constitute the board of supervisors for that county, whose duty 
it shall be to audit the accounts of the county, examine the books of 
the commissioners of the revenue, regulate and equalize the valuation 
of property, fix the county levies of the ensuing year, and perform 
any other duties required of them by law. 

Sec. 3. Each magisterial district shall be divided into so many com- 
pactly-located school-districts as may be deemed necessary : Provided, 
That no school-district shall be formed containing less than one hun- 
dred inhabitants. In each school- district there shall be 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 be three trustees elected, whose terms shall be one, two, 
and three years respectively. 

(Ratified 1876) 

Art. III. Amended hy striking ovt the frst and fourth sections, 
and inserting in lieu therof : 

Section 1. Every citizen of the United States, twenty-one years 
old, who shall have been a resident of the State twelve months, and of 
the county, city, or town in which he shall offer to vote, three months 



3002 Virginia— 1870 

next preceding any election, and shall have paid to the State, before 
the da}^ of election, the capitation tax required by law for the pre- 
ceding year, shall be entitled to vote for members of the general 
assembly and all officers elected by the people: 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 sta- 
tioned therein : A7id provided also, That the following persons shall 
be excluded from voting : 

First. Idiots and lunatics. 

Second. Persons convicted of bribery in any election, embezzlement 
of public funds, treason, felony, or petit larceny. 

Third. No person who, while a citizen of this State, has, since the 
adoption of this constitution, fought a duel A^^th 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 assisted in any manner in fighting 
a duel, shall be allowed to vote or hold any office of honor, profit, or 
trust under this constitution. 

Art. V, Amended hy striking aut the second, third, fovrth, fifth, 
sixth, and eighth sections, and inserting in lieu thereof the following ; 
and hy adding two new sections, the twenty-third and the twenty- 
fourth : 

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, from and after the Tuesday 
succeeding the first Monday in November, eighteen hundred and 
seventy-nine, consist of not more than one hundred and not less than 
ninety members. 

Sec. 3. From and after the same date the senate shall consist of not 
less than thirty-three nor more than forty members. They shall be 
elected for the term of four years — for the election of whom the coun- 
ties, cities, and towns shall be divided into districts. Each county, 
city, and town of the respective districts shall, at the time of the first 
election of its delegate or delegates under this amendment, vote for 
one or more senators. The senators first elected under this amend- 
ment, 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 expiration of 
term shall be filled by the election of senators for the full term. 

Sec. 4. An apportionment of senators and members of the house of 
delegates shall be made at the regular session of the general assembly 
next preceding the Tuesday after the first Monday in November, 
eighteen hundred and seventy-nine, or sooner. A re-apportionment 
shall be made in the year eighteen hundred and ninety-one, and 
every tenth year thereafter. 

Sec. 5. Any person may be elected senator who, at the time of elec- 
tion, 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 of the county, city, 
or town or election district, qualified to vote for members of the gen- 
eral assembly according to this constitution. But no person holding 
a salaried office under the State government shall be capable of being 



Virginia— 1870 3903 

elected a member of either house of the general assembly. The re- 
moval 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. 

Sec. G. The general assembly shall meet once in two years, and not 
oftener, unless convened by the governor in the manner prescribed in 
this constitution. No session of the general assembly, after the first 
under this amendment, shall continue longer than ninety days, with- 
out the concurrence of three fifths of the members elected to each 
house; in Avhich case 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, ad- 
journ 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 business; but a 
smaller number may adjourn from day to day, and shall have power 
to compel the attendance of absent members in such manner and 
under such penalty as each house may prescribe. 

Sec. 8. The members of the general assembly shall receive for their 
services a salary, to be ascertained by law, and paid out of the public 
treasury; but no act increasing such salary shall take effect until 
after the end 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 ap- 
pointed to any civil office of profit under 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. 23. The legislature shall have powder to provide for the gov- 
ernment of cities and towns, and to establish such courts therein as 
may be necessary for the administration of justice. 

Sec. 24. The general assembly shall have power, by a two-thirds 
vote, to remove disabilities incurred under clause third, section one, 
article third, of this constitution, with reference to dueling. 

(March 3, 1882) 

Strike out the first sectioii of the third article^ in reference to the 
elective franchise and qualifications for office., and in lieu thereof 
insert — 

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 county, city or town in which he shall offer to vote three 
months next preceding any election, shall be entitled to vote for 
members of the General Assembly and all officers elected by the peo- 
ple : 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 fol- 
lowing persons shall be excluded from voting : 

First. Idiots and lunatics. 

Second. Persons convicted of bribery in any election, embezzle- 
ment of public funds, treason, felony, or petit larceny. 

Third. No person who, while a citizen of this State, has since the 
adoption of this Constitution, fought a duel with a deadly weapon, 



3904 Virginia— 1902 

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 assisted in any manner in fighting 
a duel, shall be allowed to vote or hold any office of honor, profit, or 
trust under this constitution. 



CONSTITUTION OF VIRGINIA— 1902 * « 

Whereas, pursuant to an act of the General Assembly of Virginia, 
approved March the fifth, in the year of our Lord nineteen hundred, 
the question, "'■ shall there be a convention to revise the Constitution 
and amend the same? " was submitted to the electors of the State of 
Vii'ginia, qualified to vote for members of the General Assembly, at 
an election held throughout the State on the fourth Thursday in May, 
in the year nineteen hundred, at which election a majority of the 
electors so qualified voting at said election did decide in favor of a 
convention for such purpose ; and, 

Whereas, the General Assemblj' at its next session did provide by 
law for the election of delegates to such convention, in ])ursuance 
whereof the members of this convention were elected by the good 
people of Virginia, to meet in convention for such purpose. 

AVe, therefore, the ])eo])le of Virginia, so assembled in convention 
through our re])resentatives, with gratitude to God for His past 
favors, and invoking His blessings upon the result of our delibera- 
tions, do ordain and establish the following revised and amended 
Constitution for the government of the Commonwealth : 

Article I 

BILL OF RIGHTS 

A DECLARATION OF RIGHTS, MADE liY 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 

Section 1. That all men are by nature equally free and inde- 
pendent, 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 ob- 
taining happiness and sefety. 

Sec. 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. 

Sec. 3. That government is, or ought to be, instituted for the com- 
mon benefit, protection and security of the people, nation or com- 
munity; of all the various modes and forms of government, that is 
best, which is ca]iable of producing the greatest degree of happiness 
and safety, and is most effectually secured against the danger of mal- 
administration ; and, whenever anj'^ government shall be found 

* Verified from official copv supplied by the Secretary of State, of Virginia, 
o In effect July 10, 1902. 



Virginia~1902 3905 

inadequate or contrary to these purposes, a majority of the community 
hath an indubitable, inalienable, and indefeasible right to reform, 
alter or abolish it, in such manner as shall be judged most conducive 
to the public weal. 

Sec. 4. That no man,, or set of men, is entitled to exclusive or sepa- 
rate emoluments or privileges from the community, but in considera- 
tion of public services; which not being descendible, neither ought 
the offices of magistrate, legislator or judge to be hereditary. 

Sec. 5. That the legislative, executive, and judicial departments of 
the State should be separate and distinct; and that the members 
thereof may be restrained from oppression, by feeling and participat- 
ing the burthens of the people, they should, at hxed periods, be 
reduced to a private station, return into that body from which they 
were originally taken, and the vacancies be suiDplied by regular elec- 
tions, in which all or any part of the former members shall be again 
eligible, or ineligible, as the laws may direct. 

Sec. G. That all elections ought to be free; and that all men, hav- 
ing sufficient evidence of permanent common interest with, and attach- 
ment to, the community, have the right of suffrage, and cannot be 
taxed, or deprived of, or damaged in, their property for public uses, 
without their own consent, or that of their representatives duly elected, 
or bound by any laAv to which they have not, inilike manner, assented 
for the public good. 

Sec. 7. That all power of suspending laws, or the execution of 
laws, by any authority, w^ithout consent of the representatives of the 
people, is injurious to their rights, and ought not to be exercised. 

Sec. 8. That no man shall be deprived of his life, or liberty, except 
by the law of the land, or the judgment of his peers; nor shall any 
man be compelled in any criminal proceeding to give evidence against 
himself, nor be put twice in jeopardy for the same offence, but an 
appeal may be allowed to the Commonwealth in all prosecutions for 
the violation of a law relating to the state revenue. 

That in all criminal j^rosecutions 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 his vicinage, without whose unanimous con- 
sent he cannot be found guilty; provided, however, that in any 
criminal case, upon a plea of guilty, tendered in person by the 
accused, and with the consent of the attorney for the Commonwealth, 
entered of record, the court shall, and in a prosecution for an offence 
not punishable by death, or confinement in the penitentiary, upon a 
plea of not guilty, with the consent of the accused, given in person, 
and of the attorney for the Commonwealth, both entered of record, 
the court, in its discretion, may hear and determine the case, without 
the intervention of a jury; and, that the General Assembly may pro- 
vide for the trial of offences not punishable by death, or confinement 
in the penitentiary, by a justice of the peace, without a jury, preserv- 
ing in all such cases, the right of the accused to an appeal to and trial 
by jury in the circuit or corporation court; and may also provide for 
juries consisting of less than twelve, but not less than five, for the trial 
of offences not punishable by death, or confinement in the peniten- 
tiary, and may classify such cases, and prescribe the number of 
jurors for each class. 



3906 Virginia— 1902 

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

Sec. 10. That general Avarrants, whereby an officer or messenger 
may be commanded to search susj^ected places without evidence of a 
fact committed, or to seize anj^ 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. 

Sec. 11. That no person shall be deprived of his property without 
due process of law ; and in controversies respecting property, and in 
suits between man and man, trial by jury is preferable to any other, 
and ought to be held sacred ; but the General Assembly may limit the 
number of jurors, for civil cases in circuit and corporation courts to 
not less than five in cases now cognizable by justices of the peace, or to 
not less than seven in cases not so cognizable. 

Sec. 12. That the freedom of the press is one of the great bulwarks 
of liberty, and can never l)e restrained but by despotic governments; 
and any citizen may freely speak. Avrite and publish his sentiments on 
all subjects, being responsible for the abuse of that right. 

Sec. 18. 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 
unck'r strict subordination to, and governed by, the civil power. 

Sec. 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. 

Sec. 15. That no free government, or the blessing of liberty, can be 
preserved to any people, but by a firm adherence to justice, modera- 
tion, temperance, frugality and virtue, and by frequent recurrence to 
fundamental principk^s. 

Sec. K). 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 dic- 
tates of conscience; and that it is the mutual duty of all to practice 
Christian forbearance, love and charity towards each other. 

Sec. it. The rights enumerated in this Bill of Eights shall not be 
construed to limit other rights of the people not therein expressed. 

Article II 
elective franchise and Qi alifications for office 

Sec. 18. Every male citizen of the United States, twenty-one years 
of age, who has been a resident of the State two years, of the county, 
city, or town one year, and of the precinct in Avhich he offers to vote, 
thirty days, next preceding the election in which he offers to vote, has 
been registered, and has paid his state poll taxes, as hereinafter 
required, shall be entitled to vote for members of the General Assem- 
bly and all officers elective by the people ; but removal from one pre- 
cinct to another, in the same county, city or town shall not deprive any 
person of his right to vote in the precinct from which he has moved, 
until the expiration of thirty days after such removal. 



Virginia— 1902 3907 

Sec. 19. There shall be general registrations in the counties, cities 
and towns of the State during the years nineteen hundred and two 
and nineteen hundred and three at such times and in such manner as 
may be prescribed by an ordinance of this Convention. At such reg- 
istrations every male citizen of the United States having the qualifica- 
tions of age and residence required in section Eighteen shall be enti- 
tled to reo;ister, if he be: 

First. A person who, prior to the adoption of this Constitution, 
served in time of war in the army or navy of the United States, of 
the Confederate States, or of any state of the United States or of the 
Confederate States; or, 

Second. A son of any such person; or, 

Third. A person, who owns property, upon which, for the year 
next preceding that in which he offers to register, state taxes aggre- 
gating at least one dollar have been paid; or. 

Fourth. A person able to read any section of this Constitution sub- 
mitted to liim by the officers of registration and to give a reasonable 
explanation of the same; or, if unable to read such section, able to 
understand and give a reasonable explanation thereof when read to 
him by the officers. 

A roll containing the names of all persons thus registered, sworn 
to and certified by the officers of registration, shall be filed, for record 
and preservation, in the clerk's office of the circuit court of the 
county, or the clerk's office of the corporation court of the city, as 
the case may be. Persons thus enrolled shall not be required to 
register again, unless they shall have ceased to be residents of the 
State, or become disqualified by section Twenty-three. Any person 
denied registration under this section shall have the right of appeal 
to the circuit court of his county, or the corporation court of liis city, 
or to the judge thereof in vacation. 

Sec. 20. After the first day of January, nineteen hundred and four, 
every male citizen of the United States, having the qualifications of 
age and residence required in section Eighteen, shall be entitled to 
register, provided: 

First. That he has personally paid to the proper officer all state poll 
taxes assessed or assessable against him, under this or the former Con- 
stitution, for the three years next preceding that in which he offers 
to register; or, if he come of a^e at such time that no poll tax shall 
have been assessable against him for the year preceding the year in 
which he offers to register, has paid one dollar and fiftv cents, in 
satisfaction of the first year's poll tax assessable against him; and. 

Second. That, unless physically unable, he make application to reg- 
ister in his own handwriting, without aid, suggestion, or memoran- 
dum, in the presence of the registration officers, stating therein his 
name, a^e, date and place of birth, residence and occupation at the 
time and for the two years next preceding, and whether he has pre- 
viously voted, and, if so, the state, county, and precinct in which he 
voted last; and. 

Third. That he answer on oath any and all questions affecting his 
qualifications as an elector, submitted to him by the officers of regis- 
tration, which questions, and his answers thereto, shall be reduced to 
writing, certified by the said officers, and preserved as a part of their 
official records. 



3908 Virginia— 1902 

Sec. 21. Any person registered nnder either of the last two sec- 
tions, shall have the right to vote for members of the General Assem- 
bly and all officers elective by the people, subject to the following 
conditions : 

That he, unless exempted by section Twenty-two, shall, as a pre- 
requisite to the right to vote after the first day of January, nineteen 
hundred and four, personall}^ pay, at least six months prior to the 
election, all state poll taxes assessed or assessable against him, under 
this Constitution, during the three years next preceding that in which 
he offers to vote; provided that, if he register after the first day of 
January, nineteen hundred and four, he shall, unless physically una- 
ble, prepare and deposit his ballot without aid, on such printed form 
as the law may prescribe; but any voter registered prior to that date 
may be aided in the preparation of his ballot by such officer of elec- 
tion as he himself may designate. 

Sec. 22. No person who, dui'ing the late war between the States, 
served in the army or navy of the United States, or the Confederate 
States, or any state of the United States, or of the Confederate States, 
shall at any time be required to pay a poll tax as a prerequisite to the 
right to register or vote. The collection of the state poll tax assessed 
against any one shall not be enforced by legal process until the same 
has become three years j)ast due. 

Sec. 28. The following persons shall be excluded from registering 
and voting: Idiots, insane persons, and paupers; persons who, prior 
to the adoption of this Constitution, were disqualified from voting, 
by conviction of crime, either within or without this State, and whose 
disabilities shall not have been removed ; persons convicted after the 
adoption of this Constitution, either within or without this State, of 
treason, or of any felony, bribery, petit larceny, obtaining money or 
property under false pretences, embezzlement, forgery, or perjury; 
persons, who, Avhile citizens of this State, after the adoption of this 
Constitution, have fought a duel with a deadly weapon, or sent or 
accei)ted a challenge to fight such duel, either within or without this 
State, or knowingly conveyed a challenge, or aided or assisted in any 
way in the fighting of such duel. 

Sec. 24. No officer, soldier, seaman, or marine of the United States 
army or navy shall be deemed to have gained a residence as to the 
right of suffrage, in the State, or in any county,, city or town thereof, 
by reason of being stationed therein; nor shall an inmate of any 
charitable institution or a student in any institution of learning, be 
regarded as having either gained or lost a residence, as to the right of 
suffrage, by reason of his location or sojourn in such institution. 

Sec. 25. The General Assembly shall provide for the annual regis- 
tration of voters under section Twenty, for an appeal bv any person 
denied registration for the correction of illegal or fraudulent regis- 
tration, thereunder, and also for the proper transfer of all voters 
registered under this Constitution. 

Sec. 2C. Any j^erson who, in respect to ag'e or residence, would be 
qualified to vote at the next election, shall be admitted to registration, 
notwithstanding that at the time thereof he is not so qualified, and 
shall be entitled to vote at said election if then qualified under the 
provisions of this Constitution. 



Virginia— 1902 3909 

Sec. 27. All elections by the people shall be by ballot ; all elections 
by any representative body shall be viva voce, and the vote recorded 
in the journal thereof. 

The ballot-box shall be kept in public view during all elections, and 
shall not be opened, nor the ballots canvassed or counted, in secret. 

So far as consistent with the provisions of this Constitution, the 
absolute secrecy of the ballot shall be maintained. 

Sec. 28. The General Assembly shall provide for ballots without 
any distinguishing mark or symbol, for use in all state, county, city, 
and other elections by the people, and the form thereof shall be the 
same in all places where any such election is held. All ballots shall 
contain the names of the candidates, and of the offices to be filled, in 
clear print and in due and orderly succession; but any voter may 
erase any name and insert another. 

Sec. 29. 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 attend any court as suitor, 
juror, or witness; and no voter shall be subject to arrest under any 
civil process during his attendance at election or in going to or 
returning therefrom. 

Sec. 30. The General Assemblj^ may prescribe a property qualifica- 
tion not exceeding two hundred and fifty dollars for voters in any 
county or subdivision thereof, or city or town, as a prerequisite for 
voting in any election for officers, other than the members of the 
General Assembly, to be wholly elected by the voters of such county 
or subdivision thereof, or city, or town; such action, if taken, to be 
had upon the initiative of a representative in the General Assembly 
of the county, city or town affected : provided, that the General As- 
sembly in its discretion may make such exemptions from the opera- 
tion of said property qualification as shall not be in conflict with the 
Constitution of the United States. 

Sec. 31. There shall be in each county and city an electoral board, 
composed of three members, appointed by the circuit court of the 
county or the corporation court of the city, or the judge of the court 
in vacation. Of those first appointed, one shall be appointed for a 
term of one year, one for a term of two years, and one for a term of 
three years; and thereafter their successors shall be appointed for 
the full term of three years. Any vacancy occurring in any board 
shall be filled by the same authority for the unexpired term. 

Each electoral board shall appoint the judges, clerks, and registrars 
of election for its county or city; and, in appointing judges of elec- 
tion, representation as far as possible shall be given to each of the 
two political parties which, at the general election next preceding 
their appointment, cast the highest and next highest number of votes. 

No person, nor the deputy of any person, holding any office or post 
of profit or emolument, under the United States Government, or who 
is in the employment of such government, or holding any elective 
office of profit or trust in the State, or in any county, city, or town 
thereof, shall be appointed a member of the electoral board, or regis- 
trar, or judge of election. 

Sec. 32. Every person qualified to vote shall be eligible to any 
office of the State, or of any county, city, town, or other subdivision 

7535— VOL 7—09 9 



3910 Virginia— 1902 

of the State, wherein he resides, except as otherwise provided in this 
Constitution, and except that this provision as to residence shall not 
apply to any office elective by the people where the law provides 
otherwise. Men and women eighteen years of age shall be eligible to 
the office of notary public, and qualified to execute the bonds required 
of them in that capacity. 

Sec. 33. The terms of all officers elected under this Constitution 
shall begin on the first day of February next succeeding their election, 
unless otherwise provided in this Constitution. All officers, elected 
or appointed, shall continue to discharge the duties of their offices 
after their terms of service have expired until their successors have 
qualified. 

Sec. 34. Members of the General Assembly and all officers, execu- 
tive and judicial, elected or apj)ointed after this Constitution goes 
into effect, shall, before they enter on the performance of their public 
duties, severally take and subscribe the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will support the Constitu- 
tion of the United States, and the Constitution of the State of Vir- 
ginia ordained by the Convention which assembled in the city of 
Richmond on the twelfth day of June, nineteen hundred and one, and 
that I will faithfully and impartially discharge and perform all the 

duties incumbent on me as , according to the best of my ability ; 

so help me God." 

Sec. 35. No person shall vote at any legalized primary election for 
the nomination of any candidate for office unless he is at the time 
registered and qualified to vote at the next succeeding election. 

Sec. 36. The General Assembly shall enact such laws as are neces- 
sary and proper for the purpose of securing the regularity and purity 
of general, local and primary elections, and preventing and punishing 
any corrupt practices in connection therewith ; and shall have power, 
in addition to other penalties and punishments now or hereafter pre- 
scribed by law for such offences, to provide that persons convicted of 
them shall thereafter be disqualified from voting or holding office. 

Sec. 37. The General Assembly may provide for the use, through- 
out the State or in any one or more counties, cities, or towns in any 
election, of machines for receiving, recording, and counting the votes 
cast thereat : provided, that the secrecy of the voting be not thereby 
impaired. 

Sec. 38. After the first day of January, nineteen hundred and four, 
the treasurer of each county and city shall, at least five months before 
each regular election, file with the clerk of the circuit court of his 
county, or of the corporation court of his city, a list of all persons in 
his county or city, who have paid not later than six months prior to 
such election, the state poll taxes required by this Constitution during 
the three years next preceding that in which such election is held; 
which list shall be arranged alphabetically, by magisterial districts or 
w'ards, shall state the white and colored persons separately, and shall 
be verified by the oath of the treasurer. The clerk, within ten days 
from the receipt of the list, shall make and certify a sufficient number 
of copies thereof, and shall deliver one copy for each voting place in 
his county or city, to the sheriff of the county or sergeant of the city, 
whose duty it shall be to post one copy, without delay, at each of the 
voting places, and, within ten days from the receipt thereof, to make 



Virginia— 1902 3911 

return on oath to the clerk, as to the places where and dates at which 
said coiDies were respectively posted; which return the clerk shall 
record in a book kept in his office for the purpose ; and he shall keep 
in his office for public inspection, for at least sixty days after receiv- 
ing the list, not less than ten certified copies thereof, and also cause 
the list to be published in such other manner as may be prescribed by 
law ; the original list returned by the treasurer shall be filed and pre- 
served by the clerk among the public records of his office for at least 
five years after receiving the same. Within thirty days after the list 
has been so posted, any person who shall have paid his capitation tax, 
but whose name is omitted from the certified list, may, after five days' 
written notice to the treasurer, apply to the circuit court of his 
county, or corporation court of his city, or to the judge thereof in 
vacation, to have the same corrected and his name entered thereon, 
which application the court or judge shall promptly hear and decide. 

The clerk shall deliver, or cause to be delivered, Avith the poll- 
books, at a reasonable time before every election, to one of the judges 
of election of each precinct of his county or city, a like certified copy 
of the list, which shall be conclusive evidence of the facts therein 
stated for the purpose of voting. The clerk shall also, within sixty 
days after the filing of the list by the treasurer, forward a certified 
copy thereof, with such corrections as may have been made by order 
of the court or judge, to the Auditor of Public Accounts, who shall 
charge the amount of the poll taxes stated therein to such treasurer 
unless previously accounted for. 

Further evidence of the prepayment of the capitation taxes re- 
quired by this Constitution, as a prerequisite to the right to register 
and vote, may be prescribed by law. 

Article III 

DIVISION OF POWERS 

Sec. 39. Except as hereinafter provided, 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 any person exercise the power of more than one of them at the 
same time. 

Article IV 

LEGISLATIVE DEPARTMENT 

Sec. 40. The legislative power of the State shall be vested in a 
General Assembly, which shall consist of a Senate and House of 
Delegates. 

Sec. 41. The Senate shall consist of not more than forty and not 
less than thirty-three members, who shall be elected quadrennially 
by the voters of the several senatorial districts, on the Tuesday suc- 
ceeding the first Monday in November. 

Sec. 42. The House of Delegates shall consist of not more than 
one hundred and not less than ninety members, who shall be elected 
biennially by the voters of the several house districts, on the Tuesday 
succeeding the first Monday in November, 



3912 Virginia— 190^ 

Sec. 43. The apportionment of the State into senatorial and house 
districts, made by the acts of the General Assembly, approved April 
the second, nineteen hundred and two, is hereby adopted ; but a re- 
apportionment may be made in the year nineteen hundred and six, 
and shall be made in the year nineteen hundred and twelve, and every 
tenth year thereafter. 

Sec. 44. Any person may be elected senator who, at the time of 
election, is actually a resident of the senatorial district and qualified 
to vote for members of the General Assembly ; and any person may 
be elected a member of the House of Delegates who, at the time of 
election, is actually a resident of the house district and qualified to 
vote for members of the General Assembly. But no person holding a 
salaried office under the state government, and no judge of any court, 
attorney for the Commonwealth, sheritf, sergeant, treasurer, assessor 
of taxes, commissioner of the revenue, collector of taxes, or clerk of 
an}^ court, shall be a member of either house of the General Assembly 
during his continuance in office, and the election of any such person 
to either house of the (xeneral Assembly, and his qualification as a 
member thereof, shall vacate any such office held by him; and no 
person holding any office or post of profit or emolument under the 
United States Government or who is in the employment of such gov- 
ernment, shall be eligible to either house. The removal of a senator 
or delegate from the district for which he is elected, shall vacate his 
office. 

Sec. 45. The members of the General Assembly shall receive for 
their services a salary to be fixed by law and paid from the public 
treasury; but no act increasing such salary shall take eflfect until 
after the end of the term for which the members voting thereon were 
elected; and no member during the term for which he shall have 
been elected, shall be a])pointed or elected to any civil office of profit 
in the State except offices filled by election by the people. 

Sec. 46. The General Assembly shall meet once in two years on the 
second Wednesday in January next succeeding the election of the 
members of the House of Delegates and not oftener unless convened 
in the manner prescribed by this Constitution. No session of the 
General Assembly, after the first under this Constitution, shall con- 
tinue longer than sixt}' days; but with the concurrence of three- 
fifths of the members elected to each house, the session may be ex- 
tended for a period not exceeding thirty days. Except for the first 
session held under this Constitution, members shall be allowed a sal- 
ary for not exceeding sixty days at any regular session, and for not 
exceeding thirty days at any extra session. Neither house shall, 
without the consent of the other, adjourn to another place nor for 
more than three days. A majority of the members elected to each 
house shall constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and shall have power to compel the 
attendance of members in such manner and under such penalty as 
each house may prescribe. 

Sec. 47. 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 from their own body 
a president />r(9 tem/pore. Each house shall select its officers, settle 
its rules of i^rocedure, and direct writs of election for supplying 



Virginia— 190^ 3913 

vacancies which may occur during the session of the General Assem- 
bly; but, if vacancies occur during the recess, such writs may be 
issued by the Governor, under such regulations as may be prescribed 
by law. Each house shall judge of the election, qualification, and 
returns of its members; may punish them for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member. 

Sec. 48. 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 shall not be questioned in any other 
place. They shall not be subject to arrest, under any civil process, 
during the sessions of the General Assembly, or the fifteen days next 
before the beginning or after the ending of any session. 

Sec. 49. Each house 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. 

Sec. 50. No law shall be enacted except by bill. A bill may origi- 
nate in either house, to be approved or rejected by the other, or may 
be amended by either, with the concurrence of the other. 

No bill shall become a law unless, prior to its passage, it has been, 

(a) Eef erred to a committee of each house, considered by such com- 
mittee in session, and reported; 

(h) Printed by the house, in which it originated, prior to its pas- 
sage therein; 

{(') Read at length on three different calendar days in each house; 
and unless, 

(^) A yea and nay vote has been taken in each house upon its final 
passage, the names of the members voting for and against entered on 
the journal, and a majority of those voting, which shall include at 
least tw^o-fifths of the members elected to each house, recorded in the 
affirmative. 

And only in the manner required in subdivision (d) of this section 
shall an amendment to a bill by one house be concurred in hj the 
other, or a conference report be adopted by either house, or either 
house discharge a committee from the consideration of a bill and con- 
sider the same as if reported ; provided that the printing and reading, 
or either, required in subdivisions (b) and (c) of this section, may be 
dispensed with in a bill to codify the laws of the State, and in any 
case of emergency by a vote of four-fifths of the members voting in 
each house taken by the yeas and nays, the names of the members vot- 
ing for and against, entered on the journal; and provided further, 
that no bill which creates, or establishes a new office, or which creates, 
continues, or revives a debt or charge, or makes, continues or revives 
any appropriation of public or trust money, or property, or releases, 
discharges or commutes any claim or demand of the State, or which 
imposes, continues or revives a tax, shall be passed except by the 
affirmative vote of a majority of all the members elected to each 
house, the vote to be by the yeas and nays, and the names of the mem- 
bers voting for and against, entered on the journal. Every law im- 
posing, continuing or reviving a tax shall specifically state such tax 
and no law shall be construed as so stating such tax, which requires 
a reference to any other law or any other tax. The presiding officer 



3914 Virginia— 1902 

of each house shall, in the presence of the house over which he pre- 
sides, sign every bill that has been passed by both houses and duly 
enrolled. Immediately before this is done, all other business being 
susj)ended, the title of the bill shall be j)ublicly read. The fact of 
signing shall be entered on the journal. 

Sec. 51. There shall be a joint committee of the General Assembly, 
consisting of seven members api^ointed b}^ the House of Delegates, 
and five members appointed by the Senate, which shall be a standing 
committee on si^ecial, private, and local legislation. Before refer- 
ence to a committee, as provided by section Fifty, any special, 
private, or local bill introduced in either house shall be referred to 
and considered by such joint committee and returned to the house in 
which it originated with a statement in writing whether the object 
of the bill can be accomplished under general law or by court proceed- 
ing; whereupon, the bill, with the accompanying statement, shall 
take the course provided by section Fifty. The joint committee may 
be discharged from the consideration of a bill by the house in which 
it originated in the manner provided in section Fifty for the dis- 
charge of other committees. 

Sec. 52. No law shall embrace more than one object, which shall 
be expressed 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 f)ublished at length. 

Sec. 53. Xo law, except a general appropriation law, shall take 
effect until at least ninety days after the adjournment of the session 
of the General Assembly at which it is enacted, unless in case of an 
emergency (which emero;ency shall be expressed in the body of the 
bill), the General Assenibly shall otherwise direct by a vote of four- 
fifths of the members voting in each house, such vote to be taken by 
the yeas and nays, and the names of the members voting for and 
against entered on the journal. 

Sec. 54. The Governor, Lieutenant-Governor, Attorney-General, 
judges, members of the State Corporation Commission, and execu- 
tive officers at the seat of government, and all officers appointed by 
the Governor or elected by the General Assembly, offending against 
the State by malfeasance in office, corruption, neglect of duty, or 
other high crime or misdemeanor, may be impeached by the House 
of Delegates, and prosecuted before the Senate, which shall have the 
sole poAver to try impeachment. When sitting for that purpose, the 
senators shall be on oath or affirmation, and no person shall be con- 
victed without the concurrence of two-thirds of the senators present. 
Judgment in case of impeachment shall not extend further than re- 
moval from office and disqualification to hold and enjoy anj?^ office of 
honor, trust, or profit under the State ; but the person convicted shall 
nevertheless be subject to indictment, trial, judgment, and punish- 
ment according to law. The Senate may sit during the recess of the 
General Assembly for the trial of impeachments. 

Sec. 55. The General Assembly shall by law apportion the State 
into districts, corresponding with the number of re]3resentatives to 
which it may be entitled in the House of Representatives of the Con- 
gress of the United States ; which districts shall be composed of con- 
tiguous and compact territory containing, as nearly as practicable, an 
equal number of inhabitants. 



Virginia— 1902 3915 

Sec. 56. The manner of conducting and making returns of elec- 
tions, 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 Constitution. 

Sec. 57. The General Assembly shall have power, by a two-thirds 
vote, to remove disabilities incurred under section Twenty-three, of 
Article Two, of this Constitution, with reference to duelling. 

Sec. 58. The privilege of the writ of habeas corpus shall not be 
suspended unless when in cases of invasion or rebellion, the public 
safety may require. The General Assembly shall not pass any bill 
of attainder, or any ex post facto law, or any law impairing the obli- 
gation of contracts, or any law abridging the freedom of speech or of 
the press. It shall not enact any law whereby private property shall 
be taken or damaged for public uses, without just compensation. No 
man shall be compelled to frequent or support any religious worship, 
place, or ministry whatsoever, nor shall be enforced, restrained, 
molested, or burthened in his body or goods, nor shall 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 mat- 
ters of religion, and the same shall in no wise diminish, enlarge, or 
affect their civil capacities. And the General Assembly shall not pre- 
scribe 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 State, 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 left free to every person to select 
his religious instructor, and to make for his support such private con- 
tract as he shall please. 

Sec. 59. The General Assembly shall not grant a charter of incor- 
poration to any church or religious denomination, but may secure the 
title to church property to an extent to be limited by law. 

Sec. 60. No lottery shall hereafter be authorized by law; and the 
buying, selling, or transferring of tickets or chances in any lottery 
shall be prohibited. 

Sec. 61. 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 be 
reduced in population 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. 

Sec. 62. The General Assembly shall have full power to enact local 
option or dispensary laws, or any other laws controlling, regulating, 
or prohibiting the manufacture or sale of intoxicating liquors. 

Sec. 63. The General Assembly shall confer on the courts power to 
grant divorces, change the names of persons, and direct the sale of 
estates belonging to infants and other persons under legal disabilities, 
and shall not, by special legislation, grant relief in these or other 
cases of which the courts or other tribunals may have jurisdiction. 
The General Assembly may regulate the exercise by courts of the 



3916 Virginia— 1902 

right to punish for contempt. The General Assembly shall not 
enact local, special, or private law in the following cases : 

1. For the punishment of crime. 

2. Providing a change of venue in civil or criminal cases. 

3. Regulating the practice in, or the jurisdiction of, or changing 
the rules of evidence in any judicial proceedings or inquiry before, 
the courts or other tribunals, or providing or changing the methods 
of collecting debts or enforcing judgments, or prescribing the eJffect 
of judicial sales of real estate. 

4. Changing or locating county seats. 

5. For the assessment and collection of taxes, except as to animals 
which the General Assembly may deem dangerous to the farming 
interests. 

6. Extending the time for the assessment or collection of taxes. 

7. Exempting property from taxation. 

8. Remitting, releasing, j)ostponing, or diminishing any obligation 
or liability of any person, corporation, or association, to the State or 
to any political subdivision thereof. 

9. Refunding money lawfully paid into the treasury of the State 
or the treasury of any political subdivision thereof. 

10. Granting from the treasury of the State, or granting or author- 
izing to be granted from the treasury of any political subdivision 
thereof, any extra compensation to any public officer, servant, agent, 
or contractor. 

11. For conducting elections or designating the places of voting. 

12. Regulating labor, trade, mining or manufacturing, or the rate 
of interest on money. 

13. Granting any pension or pensions. 

14. Creating, increasing, or decreasing, or authorizing to be cre- 
ated, increased, or decreased, the salaries, fees, percentages, or allow- 
ances of public officers during the term for which they are elected or 
appointed. 

15. Declaring streams navigable, or authorizing the construction of 
booms or dams therein, or the removal of obstructions therefrom. 

16. Affecting or regulating fencing or the boundaries of land, or 
the running at large of stock. 

17. Creating private corporations, or amending, renewing, or ex- 
tending the charters thereof. 

18. Granting to any private corporation, association, or individual 
any special or exclusive right, privilege or immunity. 

19. Naming or changing the name of any private corporation or 
association. 

20. Remitting the forfeiture of the charter of any private corpora- 
tion except upon the conditions that such corporation shall thereafter 
hold its charter subject to the provisions of this Constitution and the 
laws passed in pursuance thereof. 

Sec. 64. In all the cases enumerated in the last section, and in every 
other case which, in its judgment, may be provided for by general 
laws, the General Assembly shall enact general laws. Any general 
law shall be subject to amendment or repeal, but the amendment or 
partial repeal thereof shall not operate directly or indirectly to enact, 
and shall not have the effect of the enactment of a special, private, or 
local law. 



Virginia— 190^ 3917 

No general or special law shall surrender or suspend the right and 
power of the State, or any political subdivision thereof, to tax cor- 
porations and corporate property, except as authorized by Article 
Thirteen. No private corporation, asssociation, or individual shall 
be specially exempted from the operation of any general law, nor 
shall its operation be suspended for the benefit of any private cor- 
poration, association, or individual. 

Sec. 65. The General Assembly may, by general laws, confer upon 
the boards of supervisors of counties, and the councils of cities and 
towns, such powers of local and special legislation, as it may from 
time to time deem expedient, not inconsistent with the limitations 
contained in this Constitution. 

Sec. 66. The Clerk of the House of Delegates shall be Keeper of 
the Rolls of the State but shall receive no compensation from the 
State for his services as such. 

The General Assembly by general law shall prescribe the number 
of employees of the Senate and House of Delegates, including the 
clerks thereof, and fix their compensation at a per diem for the time 
actually employed in the discharge of their duties. 

Sec. 67. The General Assembly shall not make any appropriation 
of public funds, of j^ersonal property, or of any real estate, to any 
church, or sectarian society, association, or institution of any kind 
whatever, which is entirely or partly, directly or indirectly, con- 
trolled by any church or sectarian society; nor shall the General 
Assembly make any like appropriation to any charitable institution, 
which is not owned or controlled by the State ; except that it may, in 
its discretion, make appropriations to non-sectarian institutions for 
the reform of youthful criminals; but nothing herein contained shall 
prohibit the General Assembly from authorizing counties, cities, or 
towns to make such appropriations to any charitable institution or 
association. 

Sec. 68. The General Assembly shall, at each regular session, ap- 
point a standing committee, consisting of two members of the Senate 
and three members of the House of Delegates, which shall be known 
as the Auditing Committee. Such committee shall annually, or 
oftener in its discretion, examine the books and accounts of the First 
Auditor, the State Treasurer, the Secretary of the Commonwealth, 
and other executive officers at the seat of government whose duties 
pertain to auditing or accounting for the state revenue, report the 
result of its investigations to the Governor, and cause the same to 
be published in two newspapers of general circulation in the State. 
The Governor shall, at the beginning of each session, submit said re- 
ports to the General Assembly for appropriate action. The commit- 
tee may sit during the recess of the General Assembly, receive such 
compensation as may be prescribed by law, and employ one or more 
accountants to assist in its investigations. 

Article V 
executive department 

Sec, 69. The chief executive power of the State shall be vested in 
a Governor. He shall hold office for a term of four years, to com- 
mence on the first day of February next succeeding his election, and 



3918 Virginia— woe 

be ineligible 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. 70. The Governor shall be elected by the qualified voters of 
the State at the time and place of choosing members of the General 
Assembly. Returns of the election 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 House of Delegates shall, within one week thereafter, in the 
presence of a majority of the Senate and of the House of Delegates, 
open the returns, and the votes shall then be counted. The person 
having the highest 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 Governor by the joint vote of the two 
houses of the General Assembly. Contested elections for (xovernor 
shall be decided by a like vote, and the mode of proceeding in such 
cases shall be prescribed by law. 

Sec. 71. 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 the State for five years next preceding his election. 

Sec. 72. The Governor shall reside at the seat of government ; 
shall receive five thousand dollars for each year of his services, and 
Avhile in office shall receive no other emolument from this or any 
other government. 

Sec. 73. The Governor shall take care that the laws be faithfully 
executed; communicate to the General Assembly, at every session, 
the condition of the State; recommend to its consideration such 
measures as he may deem expedient, and convene the General Assem- 
bly on application of two-thirds of the members of both houses 
thereof, or when, in his opinion, the interest of the State may require. 
He shall be commander-in-chief of the land and naval forces of the 
State; have power to embody the militia to repel invasion, suppress 
insurrection and enforce the execution of the laws; conduct, either 
in person or in such manner as shall be prescribed by law, all inter- 
course with other and foreign states; and, during the recess of the 
General Assembly, shall have power to suspend from office for mis- 
behavior, incapacity, neglect of official duty, or acts performed with- 
out due authority of law, all executive officers at the seat of govern- 
ment except the Lieutenant-Governor ; but, in any case in which this 
power is so exercised, the Governor shall report to the General As- 
sembly, at the beginning of the next session thereof, the fact of such 
suspension and the cause thereof, whereupon the General Assembly 
shall determine whether such officer shall be restored or finally re- 
moved ; and the Governor shall have power, during the recess of the 
General Assembly, to appoint, pro tempore, successors to all officers so 
suspended, and to fill, pro tempore, vacancies in all offices of the State 
for the filling of which the Constitution and laws make no other pro- 
Adsion; but his appointments to such vacancies shall be by commis- 
sions to expire at the end of thirty days after the commencement of 
the next session of the General Assembly. He shall have power to 



Virginia— 1902 3919 

remit fines and penalties in such cases, and under such rules and regu- 
lations, as may be prescribed by law, and except when the prosecution 
has been carried on by the House of Delegates, to grant reprieves and 
pardons after conviction; to remove political disabilities consequent 
upon conviction for offences committed prior or subsequent to the 
adoption of this Constitution, and to commute capital punishment ; 
but he shall communicate to the (leneral Assembly, at each session, 
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 commuting the same. 

Sec. 74. The Governor may require information in writing, under 
oath, from the officers of the executive department and superintend- 
ents of state institutions upon any subject relating to the duties of 
their respective offices and institutions; and he may inspect at any 
time their official books, accounts and vouchers, and ascertain the 
condition of the public funds in their charge, and in that connection 
may employ accountants. He may require the oi^inion in writing of 
the Attorney-General upon any question of law affecting the official 
duties of the Governor. 

Sec. 75. Commissions and grants shall run in the name of Com- 
monwealth of Virginia, and be attested by the Governor, with the 
seal of the Commonwealth annexed. 

Sec. 76. Every bill, wdiich shall have passed the Senate and House 
of Delegates, shall, before it becomes a law, be presented to the Gov- 
ernor. If he approve, he shall sign it ; but, if not, he may return it 
with his objections to the house in which it originated, which shall 
enter the objections at large on its journal and proceed to reconsider 
the same. If, after such consideration, two-thirds of the members 
present, which two-thirds shall include a majority of the members 
elected to that house, shall agree to pass the bill it shall be sent, 
together with the objections, to the other house, by which it shall like- 
wise be reconsidered, and if approved by two-thirds of all the mem- 
bers present, which two-thirds shall include a majority of the mem- 
bers elected to that house, it shall become a law, notwithstanding the 
objections. The Governor shall have the power to veto any particu- 
lar item or items of an appropriation bill, but the veto shall not 
affect the item or items to which he does not object. The item or 
items objected to shall not take effect except in the manner heretofore 
provided in this section as to bills returned to the General Assembly 
without his approval. If he approve the general purpose of any bill, 
but disapprove any part or parts thereof, he may return it, with 
recommendations for its amendment, to the house in which it origi- 
nated, whereupon the same proceedings shall be had in both houses 
upon the bill and his recommendations in relation to its amendment, 
as is above provided in relation to a bill which he shall have returned 
without his approval, and wnth his objections threto; provided, that 
if after such reconsideration, both houses, by a vote of a majority of 
the members present in each, shall agree to amend the bill in accord- 
ance with his recommendations in relation thereto, or either house 
by such vote shall fail or refuse to so amend it, then, and in either 
case the bill shall be again sent to him, and he may act upon it as if 
it were then before him for the first time. But in all the cases above 
set forth the votes of both houses shall be determined by ayes and 



3920 Virginia— 1902 

noes, and the names of the members voting for and against the bill, 
or item or items of an approj^riation bill, shall be entered on the 
journal of each house. If any bill shall not be returned by the Gov- 
ernor within five days (Sunday excepted) after it shall have been 
presented to him, the same shall be a law in like manner as if he had 
signed it, unless the General Assembly shall, by final adjournment, 
prevent such return ; in Avhich case it shall be a law if approved by 
the Governor in the manner and to the extent above provided, within 
ten days after such adjournment, but not otherwise. 

Sec. 77. A Lieutenant-Governor shall be elected at the same time 
and for the same term as the Governor, and his qualifications and the 
manner and ascertainment of his election, in all respects, shall be the 
same. 

Sec. 78. 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 compensation, 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. 79. 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. 

Sec. 80. A Secretary of the Commonwealth shall be elected by the 
qualified voters of the State at the same time and for the same term 
as the Governor; and the fact of his election shall be ascertained 
as in the case of the Governor. He shall keep a daily record of the 
official acts of the Governor, which shall be signed by the Governor 
and attested by the Secretary, 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. He shall discharge 
such other duties as may be prescribed by law. All fees received by 
the Secretary of the Commonwealth shall be paid into the t^^easury 
monthly. 

Sec. 81. A State Treasurer shall be elected by the qualified voters 
of the State at the same time and for the same term as the Gov- 
ernor; and the fact of his election shall be ascertained in the same 
manner. His powers and duties shall be prescribed by law. 

Sec. 82. An Auditor of Public Acocunts shall be elected by the 
joint vote of the two houses of the General Assembly for the term of 
four 3^ears. His powers and duties shall be prescribed by law. 

Sec. 83. The salar}^ of each officer of the Executive Department, 
except in those cases where the salary is determined by this Constitu- 
tion, shall be fixed by law ; and the salary of no such officer shall be 
increased or diminished during the term for which he shall have been 
elected or appointed. 

Sec. 84. The General Assembly shall provide by law for the estab- 
lishment and maintenance of an efficient system of checks and bal- 
ances between the officers at the seat of government entrusted with 
the collection, receipt, custody, or disbursement of the revenues of the 
State. 

Sec. 85. All State officers, and their deputies, assistants or em- 
ployees, charged with the collection, custody, handling, or disburse- 
ment of public funds, shall be required to give bond for the faithful 



Virginia— 1902 3921 

performance of such duties; the amount of such bond in each case, 
and the manner in which security shall be furnished, to be specified 
and regulated by law. 

Sec. 86. The General Assembly shall have power to establish and 
maintain a Bureau of Labor and Statistics, under such regulations as 
may be prescribed by law. 

Article VI 

JUDICIARY DEPARTMENT 

Sec. 87. The Judiciary Department shall consist of a Supreme Court 
of Appeals, circuit courts, city courts, and such other courts as are 
hereinafter authorized. The jurisdiction of these tribunals and the 
judges thereof, except so far as conferred by this Constitution, shall 
be regulated by law. 

Sec. 88. The Supreme Court of Appeals shall consist of five judges, 
any three of whom may hold a court. It shall have original jurisdic- 
tion in cases of habeas corpus, Tnaridamus, and prohibition ; but in all 
other cases, in which it shall have jurisdiction, it shall have appellate 
jurisdiction only. 

Subject to such reasonable rules, as may be prescribed by law, as 
to the course of appeal, the limitation as to time, the security 
required, if any, the granting or refusing of appeals, and the pro- 
cedure therein, it shall, by virtue of this Constitution, have appellate 
jurisdiction in all cases involving the constitutionality of a law as 
being repugnant to the Constitution of this State or of the United 
States, or involving the life or liberty of any person ; and it shall also 
have appellate jurisdiction in such other cases, within the limits here- 
inafter defined, as may be prescribed by law; but no appeal shall be 
allowed to the Commonwealth in any case involving the life or lib- 
erty of a person, except that an appeal by the Commonwealth may be 
allowed by laAv in any case involving the violation of a law relating 
to the State revenue. No bond shall be required of any accused per- 
son as a condition of appeal, but a supersedeas bond may be required 
where the only punishment imposed in the court below is a fine. 

The court shall not have jurisdiction in civil cases where the matter 
in controversy, exclusive of costs and of interest accrued since the 
judgment in the court below, is less in value or amount than three 
hundred dollars, except in controversies concerning the title to, or 
boundaries of land, the condemnation of property, the probate of a 
will, the appointment or qualification of a personal representative, 
guardian, committee, or curator, or concerning a mill, roadway, ferry, 
or landing, or the right of the State, countj^, or municipal corpora- 
tion, to levy tolls or taxes, or involving the construction of any stat- 
ute, ordinance or county proceeding imposing taxes; and, except in 
cases of habeas eorpi/s, mandatnus, and prohibition, the constitution- 
ality of a law, or some other matter not merely pecuniary. After the 
3^ear nineteen hundred and ten the General Assembly may change the 
jurisdiction of the court in matters merely pecuniary. The assent of 
at least three of the judges shall be required for the court to deter- 
mine that any law is, or is not, repugnant to the Constitution of this 
State or of the United States ; and if, in a case involving the constitu- 
tionality of any such law, not more than two of the judges sitting 



3922 Virginia— 1902 

agree in opinion on the constitutional question involved, and the case 
cannot be determined, without passing on such question, no decision 
shall be rendered therein, but the case shall be reheard by a full court ; 
and in no case where the jurisdiction of the court depends solely upon 
the fact that the constitutionality of a law is involved, shall the court 
decide the case upon its merits, unless the contention of the appellant 
upon the constitutional question be sustained. Whenever the requi- 
site majority of the judges sitting are unable to agree upon a deci- 
sion, the case shall be reheard by a full bench, and any vacancy 
caused by any one or more of the judges being unable, unwilling, or 
disqualified to sit, shall be temporariW filled in a manner to be pre- 
scribed by law. 

Sec. 8!). The General Assembly may, from time to time, provide 
for a Special Court of Appeals to try any cases on the docket of the 
Supreme Court of Appeals in respect to which a majority of the 
judges are so situated as to make it improper for them to sit; and 
also to try any cases on said docket which cannot be disposed of with 
convenient dispatch. The said special court shall be composed of 
not less than three nor more than five of the judges of the circuit 
courts and city courts of record in cities of the first class, or of the 
judges of either of said courts, or of any of the judges of said courts 
together with one or more of the judges of the Supreme Court of 
Appeals. 

Sec. 90. When a judgment or decree is reversed or affirmed by the 
Supreme Court of Appeals the reasons therefor shall be stated in 
writing and preserved with the record of the case. 

Sec. 91. The judges of the Supreme Court of Appeals shall be 
chosen by the joint vote of the two houses of the General Assembly. 
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. At the first election under this Constitution, the General 
Assembly shall elect the judges for terms of four, six, eight, ten, and 
twelve years, respectively; and thereafter they shall be elected for 
terms of tMelve years. 

Sec. 92. The officers of the Supreme Court of Appeals shall be 
appointed by the court or by the judges in vacation. Their duties, 
compensation, and tenure of office shall be prescribed by law. 

Sec. 93. The Supreme Court of Appeals shall hold its sessions at 
two or more places in the State, to be fixed by law. 

Sec. 94. The State shall be divided into twenty-four judicial cir- 
cuits, as follows : 

The counties of Norfolk, Princess Anne, and the city of Ports- 
mouth, shall constitute the first circuit. 

The counties of Nansemond, Southampton, Isle of Wight, and the 
city of Norfolk, shall constitute the second circuit. 

The counties of Prince George, Surry, Sussex, Greenesville, and 
BrunsAvick, shall constitute the third circuit. 

The counties of Chesterfield, Powhatan, Dinwiddle, NottoAvay, and 
Amelia, and the city of Petersburg, shall constitute the fourth circuit. 

The counties of Prince Edward, Cumberland, Buckingham, Appo- 
mattox, and Charlotte, shall constitute the fifth circuit. 

The counties of Lunenburg, Mecklenburg, Halifax, CaniiDbell, and 
the city of Lynchburg, shall constitute the sixth circuit. 



Virginia— 1902 3923 

The coimties of Pittsylvania, Franklin, Henry, and Patrick, and 
the cit}^ of Danville, shall constitute the seventh circuit. 

The counties of Amherst, Nelson, Albemarle, Fluvanna, and Gooch- 
land, shall constitute the eighth circuit. 

The counties of Rappahannock, Culpeper, Madison, Greene, Orange, 
and Louisa, shall constitute the ninth circuit. 

The county of Henrico and the city of Richmond, shall constitute 
the tenth circuit. 

The counties of Accomac, Northampton, Elizabeth City, and the 
city of Newport News, shall constitute the eleventh circuit. 

The counties of Richmond, Northumberland, Westmoreland, Lan- 
caster, and Essex, shall constitute the twelfth circuit. 

The counties of Gloucester, Mathews, King and Queen, King Wil- 
liam, and Middlesex, shall constitute the thirteenth circuit. 

The counties of New Kent, Charles City, York, Warwick, James 
City, and the city of Williamsburg, shall constitute the fourteenth 
circuit. 

The counties of King George, Stafford, Spotsylvania, Caroline, and 
Hanover, shall constitute the fifteenth circuit. 

The counties of Fauquier, Loudoun, Prince William, Fairfax, and 
Alexandria, and the city of Alexandria, shall constitute the sixteenth 
circuit. 

The counties of Frederick, Clarke, Warren, Shenandoah, and Page, 
shall constitute the seventeenth circuit. 

The counties of Rockingham, Augusta, and Rockbridge, shall con- 
stitute the eighteenth circuit. 

The comities of Highland, Bath, Alleghany, Craig, and Botetourt, 
shall constitute the nineteenth circuit. 

The counties of Bedford, Roanoke, Montgomery, and Floyd, and 
the city of Roanoke, shall constitute the twentieth circuit. 

The counties of Pulaski, Carroll, Wythe, and Grayson, shall con- 
stitute the twenty-first circuit. 

The counties of Bland, Tazewell, Giles, and Buchanan, shall con- 
stitute the twenty-second circuit. 

The counties of Washington, Russell, and Smyth, shall constitute 
the twenty-third circuit. 

The counties of Scott, Lee, Wise, and Dickenson, shall constitute 
the twenty-fourth circuit. 

Sec. 95. After the first day of January, nineteen hundred and six, 
as the public interest requires, the General Assembly may rearrange 
the said circuits and increase or diminish the number thereof. But 
no new circuit shall be created containing, by the last United States 
census or other census provided by law, less than forty thousand 
inhabitants, nor when the effect of creating it will be to reduce the 
number of inhabitants in any existing circuit below fort}'^ thousand 
according to such census. 

Sec. 96. For each circuit a judge shall be chosen by the joint vote 
of the two houses of the General Assembly. He shall, when chosen, 
possess the same qualifications as judges of the Supreme Court of 
Appeals, and during his continuance in office shall reside in the cir- 
cuit of which he is judge. At the first election under this Constitu- 
tion, the General Assembly shall elect, as nearly as practicable, one- 
fourth of the entire number of judges for terms of two years, one- 
fourth for four years, one- fourth for six years, and the remaining 



3924 Virginia— 1902 

fourth for eight years, respectively; and thereafter they shall be 
elected for terms of eight j^ears. 

Sec, 97. The number of terms of the circuit courts to be held for 
each county and city, shall be prescribed by law. But no separate 
circuit court shall be held for any city of the second class, until the 
city shall abolish its existing city court. The judge of one circuit 
may be required or authorized to hold court in any other circuit or 
city. 

Sec. 98. For the purposes of a judicial system, the cities of the 
State shall be divided into two classes. All cities shall belong to the 
rirst class which contain, as shown by the last United States census 
or other census provided by law, ten thousand inhabitants or more, 
and all cities shall belong to the second class which contain, as thus 
shown, less than ten thousand inhabitants. In each city of the first 
class, there shall be, in addition to the circuit court, a corporation 
court. In any city containing thirty thousand inhabitants or more, 
the General Assembly may provide for such additional courts as the 
public interest may require, and in every such city the city courts, as 
they now exist, shall continue until otherwise provided by law. In 
every city of the second class, the corporation or hustings court exist- 
ing, at the time this Constitution goes into effect, shall continue here- 
after under the name of the corporation court of such city ; but it may 
be abolished by a vote of a majority of the qualified electors of such 
city, at an election held for the purpose, and whenever the office of 
judge of a corporation or hustings court of a city of the second class, 
Avhose salary is less than eight hundred dollars, shall become and 
remain vacant for ninety daj^s consecutively, such court shall thereby 
cease to exist. In case of the abolition of the corporation or hustings 
court of any city of the second class, such city shall thereupon come 
in every respect within the jurisdiction of the circuit court of the 
county wherein it is situated, until otherwise provided by law, and 
the records of such corporation or hustings court shall thereupon 
become a part of the records of such circuit court, and be transferred 
thereto, and remain therein until otherwise provided by law; and 
during the existence of the corporation of hustings court, the circuit 
court of the county in which such city is situated, shall have 
concurrent jurisdiction with said corporation or hustings court in all 
actions at law and suits in equity. 

Sec, 99, For each city court of record a judge shall be chosen by 
the joint vote of the two houses of the General Assembly, He shall, 
when chosen, possess the same qualifications as judges of the Supreme 
Court of Appeals, and during his continuance in office shall reside 
within the jurisdiction of the court over which he presides; but the 
judge of the corporation court of any corporation having a city 
charter, and less than five thousand inhabitants, may reside outside 
its corporate limits; and the same person may be judge of such cor- 
poration court and judge of the corporation court of some other city 
having less than ten thousand inhabitants. At the first election of 
said judges under this Constitution, the General Assembly shall elect, 
as nearly as practicable, one-fourth of the entire number for terms of 
two years, one-fourth for four years, one-fourth for six years, and 
the remaining fourth for eight years; and thereafter they shall be 
elected for terms of eight years. The judges of city courts in cities 



Virginia— 1902 3925 

of the first class may be required or authorized to hold the circuit 
courts of any county and the circuit courts of any city. 

Sec. 100. The General Assembly shall have power to establish such 
court or courts of land registration as it may d-aem proper for the 
administration of any law it may adopt for the purpose of the settle- 
ment, registration, transfer, or assurance of titles to land in the State, 
or any part thereof. 

Sec. 101. The General Assembly shall have power to confer upon 
the clerks of the several circuit courts jurisdiction, to be exercised in 
the manner and under the regulations to be prescribed by law in the 
matter of the admission of wills to probate, and of the appointment 
and qualification of guardians, personal representatives, curators, 
appraisers, and committees of the estates of persons who have been 
adjudged insane or convicted of felony, and in the matter of the 
substitution of trustees. 

Sec. 102. All the judges shall be commissioned by the Governor. 
They shall receive such salaries and allowances as may be determined 
by law within the limitations fixed by this Constitution, the amount 
of which shall not be increased or diminished during their terms 
of office. Their terms of office shall commence on the first day of 
February next following their election, and whenever a vacancy 
occurs in the office of judge, his successor shall be elected for the 
unexpired term. 

Sec. 103. The salaries of the judges of the Supreme Court of Ap- 
peals shall be not less than four thousand dollars per annum, and 
shall be paid by the State. 

The salary of the judge of each circuit court shall be not less than 
two thousand dollars per annum, one-half of which shall be paid by 
the State, the other half by the counties and cities composing the cir- 
cuit, according to their respective population ; except that of the salary 
of the judge of the circuit court of the city of Richmond, the State 
shall pay the proportion which would otherwise fall to the city of 
Richmond. The salary of a judge of a city court in a city of the first 
class shall be not less than two thousand dollars per annum, one-half 
of which shall be paid by the State, the other half by the city. The 
whole of the aforesaid salaries of said judges shall be paid out of 
the state treasury, the State to be reimbursed by the respective coun- 
ties and cities. Any city may, by an ordinance, increase the salaries 
of its city or circuit judges, or any one or more of them as it may 
deem proper, and the increase shall be paid wholly by the city, but 
shall not be enlarged or diminished during the term of office of the 
judge. Each city containing less than ten thousand inhabitants shall 
pay the salary of the judge of its corporation or hustings court. 

Sec. 104. Judges may be removed from ofiice for cause, by a con- 
current 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 General Assembly may be about to pro- 
ceed shall have notice thereof, accompanied 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. 105. No judge of the Supreme Court of Appeals, of the cir- 
cuit court, or of any city court of record shall practice law, within or 

7535— VOL 7—09 10 



3926 Virginia— 1902 

without this State, nor shall he hold any other office of public trust 
during his continuance in office; except that the judge of a corpora- 
tion or hustings court in a city of the second class, may hold the office 
of commissioner in chancery of the circuit court for the county in 
which the city is located. 

Sec. 106. Writs shall run in the name of the " Commonwealth 
of Virginia," and be attested by the clerks of the several courts. 
Indictments shall conclude " against the peace and dignity of the 
Commonwealth." 

Sec. 107. An Attorney-General shall be elected by the qualified 
voters of the State at the same time and for the same term as the 
Governor; and the fact of his election shall be ascertained in the 
same manner. He shall be commissioned by the Governor, perform 
such duties and receive such compensation as may be prescribed by 
law, and shall be removable in the manner prescribed for the removal 
of judges. 

Sec. 108. The General Assembly shall provide for the appoint- 
ment or election and for the jurisdiction of such justices of the peace 
as the public interest may require. 

Sec. 100. The General Assembly shall provide by whom, and in 
Avhat manner, applications for bail shall be heard and determined. 

Article VII 

ORGANIZATION AND GOVERNMENT OF COUNTIES 

Sec. 110. There shall be elected by the qualified voters of each 
county, one county treasurer, who shall not be elected or serve for 
more than two consecutive terms, nor act as deputy of his immediate 
successor; one sheriff, one attorney for the Commonwealth, and one 
county clerk, who shall be the clerk of the circuit court. There shall 
be elected or appointed, for four years, as the General Assembly 
may provide, commissioners of the revenue, for each county, the num- 
ber, duties and compensation of whom shall be prescribed by law; 
but should such commissioners of the revenue be chosen by election 
by the people then they shall be ineligible for re-election to the office 
for the next succeeding term. 

There shall be appointed, for each county, in such manner as may 
be provided by law, one superintendent of the poor, and one county 
surveyor. 

Sec. 111. The magisterial districts shall, until changed by law, 
remain as now constituted: provided, that hereafter no additional 
districts shall be made containing less than thirty square miles. In 
each district there shall be elected by the qualified voters thereof, 
one supervisor. The supervisors of the districts shall constitute the 
board of supervisors of the county, which shall meet at stated periods 
and at other times as often as may be necessary, lay the county and 
district levies, pass upon all claims against the county, subject to 
such appeal as may be provided by law, and perform such duties 
as may be required by law. 

Sec. 112. All regular elections for county and district officers 
shall be held on Tuesday after the first Monday in November, and all 
of said officers shall enter upon the duties of their offices on the first 
day of January next succeeding their election, and shall hold their 



Virginia— 1902 3927 

respective offices for the term of four years, except that the county- 
clerk shall hold office for eight years; provided that the term of the 
clerks first elected under this Constitution shall begin on the first 
of February, nineteen hundred and four, and end on the first of 
January, nineteen hundred and twelve. 

Sec. \13. No person shall at the same time hold more than one of 
the offices mentioned in this article. Any officer required by law to 
give bond may be required to give additional security thereon, or to 
execute a new bond, and in default of so doing his office shall be 
declared vacant. 

Sec. 114. Counties shall not be made responsible for the acts of 
the sheriffs. 

Sec. 115. The General Assembly shall provide for the examination 
of the books, accounts and settlements of county and city officers 
who are charged with the collection and disbursement of public funds. 

Article VIII 

ORGANIZATION AND (;()VERN:MENT OF CITIES AND TOWNS 

Sec. 116. As used in this article the words '•'" incorporated com- 
munities " shall be construed to relate only to cities and towns. XW 
•incorporated communities, having within defined boundaries a popu- 
lation of five thousand or more, shall be known as cities; and all 
incorporated communities, having within defined boundaries a popu- 
lation of less than five thousand, shall be known as towns. In deter- 
mining the population of such cities and towns the General Assembly 
shall be governed by the last United States census, or such other 
enumeration as may be made by authority of the General Assembly; 
but nothing in this section shall be construed to repeal the charter of 
any incorporated community of less than five thousand inhabitants 
having a city charter at the time of the adojDtion of this Constitu- 
tion, or to prevent the abolition by such incorporated communities 
of the corporation or hustings court thereof. 

Sec. 117. General laws for the organization and government of 
cities and towns shall be enacted by the General Assembly, and no 
special act shall be passed in relation thereto, except in the manner 
provided in Article Four of this Constitution, and then only by a 
recorded vote of two-thirds of the members elected to each house. 
But each of the cities and toAvns of the State having at the time of 
the adoption of this Constitution a municipal charter may retain the 
same, except so far as it shall be repealed or amended by the General 
Assembly: provided, that every such charter is hereby amended so 
as to conform to all the provisions, restrictions, limitations and 
powers set forth in this article, or otherwise provided in this Con- 
stitution. 

Sec. 118. In each city which has a court in Avhose office deeds are 
admitted to record, there shall be elected for a term of eight years by 
the qualified voters of such city a clerk of said court, who shall per- 
form such other duties as may be required by law. 

There shall be elected in like manner and for a like term all such 
additional clerks of courts for cities as the General Assembly ma,v 
prescribe, or as are now authorized by laAv, so long as such courts shall 
continue in existence. But in no city of less than thirty thousand 



3928 Virginia— 1902 

inhabitants shall there be more than one clerk of the court, who shall 
be clerk of all the courts of record in such city. 

Sec. 119. In every city, so long as it has a corporation court, or a 
separate circuit court, there shall be elected for a term of four years 
by the qualified voters of such city, one attorney for the Common- 
wealth, who shall also, in those cities having a separate circuit court, 
be the attorney for the Commonwealth, for such circuit court. 

In every city there shall be elected, or appointed, for a term of four 
years, in a manner to be provided by law, one commissioner of reve- 
nue, whose duties and compensation shall be prescribed by law ; but 
should he be elected by the people, he shall be ineligible for re-elec- 
tion to the office for the next succeeding term. 

Sec. 120. In every city there shall be elected by the qualified voters 
thereof one city treasurer, for a term of four years, but he shall not 
be eligible for more than two consecutive terms, nor act as deputy for 
his immediate successor ; one city sergeant, for a term of four years, 
whose duties shall be prescril)ed by law; and a mayor, for a term of 
four years, who shall be the chief executive officer of such city. All 
city and town officers, whose election or appointment is not provided 
for by this Constitution, shall be elected by the electors of such cities 
and towns, or of some division thereof, or appointed by such authori- 
ties thereof as the General Assembly shall designate. 

The mayor shall see that the duties of the various city officers, 
members of the police and fire departments, whether elected or 
appointed, in and for such city, are faithfully performed. He shall 
have power to investigate their acts, have access to all books and docu- 
ments 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 U) suspend such officers and the members of the police and fire 
departments, and to remove such officers, and also such members of 
said departments Avhen authorized by the General Assembly, for mis- 
conduct in office or neglect of duty, to be specified in the order of sus- 
pension or removal ; but no such removal shall be made without 
reasonable notice to the officer complained of, and an opportunity 
afforded him to be heard in person, or by counsel, and to present testi- 
mony in his defense. From such order of suspension or removal, the 
city officer so suspended or removed shall have an appeal of right to 
the corporation court, or, if there be no such court, to the circuit court 
of such city, in which court the case shall be heard de novo by the 
judge thereof, whose decision shall be final. He shall haA^e all other 
powers and duties which may be conferred and imposed upon him by 
general laws. 

Sec. 121. There shall be in every city a council, composed of two 
branches having a different number of members, whose powers and 
terms of office shall be prescribed by law, and whose members shall 
be elected by the qualified voters of such city, in the manner pre- 
scribed by law, but so as to give as far as practicable, to each ward 
of such city, equal representation in each branch of said council in 
proportion to the population of such ward ; but in cities of under ten 
thousand population the General Assembly may permit the council 
to consist of one branch. No member of the council shall be eligible 
during his tenure of office as such member, or for one year thereafter, 
to any office to be filled by the council by election or appointment. 



Virginia— 190^ 3929 

The council of every city may, in a manner prescribed by law, increase 
or diminish the number, and change the boundaries, of the wards 
thereof, and shall, in the year nineteen hundred and three, and in 
every tenth year thereafter, and also whenever the boundaries of 
such wards are changed, reapportion the representation in the council 
among the wards in a manner prescribed by law; and whenever the 
council of any such city shall fail to perform the duty so prescribed, 
a mandamus shall lie on behalf of any citizen thereof to compel its 
performance. 

Sec. 122. The mayors and councils of cities shall be elected on the 
second Tuesday in June, and their terms of office shall begin on the 
first day of September succeeding. All other elective ofticers, pro- 
vided for by this article, or hereafter authorized by law, shall be 
elected on the Tuesday after the first Monday in November, and their 
terms of office shall begin on the first day of January succeeding, 
except that the terms of office of clerks of the city courts shall begin 
coincidently with that of the judges of said courts: provided, that 
the General Assembly may change the time of election of all or any 
of the said officers, except that the election and the beginning of the 
terms of mayors and councils of cities shall not be made by the Gen- 
eral Assembly to occur at the same time with the election and begin- 
ning of the terms of office of the other elective officers provided for 
by this Constitution. 

Sec, 123. Every ordinance, or resolution having the effect of an 
ordinance, shall, before it becomes operative, be presented to the 
mayor. If he approve he shall sign it, but if not, if the council con- 
sist of two branches, he may return it, with his objections in writing, 
to the clerk, or other recording officer, of that branch in which it 
originated; which branch shall enter the objections at length on its 
journal and proceed to reconsider it. If after such consideration 
two-thirds of all the members elected thereto shall agree to pass the 
ordinance or resolution it shall be sent, together with the objections, 
to the other branch, by which it shall likewise be considered, and if 
approved by two-thirds of all the members elected thereto, it shall 
become operative notwithstanding the objections of the mayor. But 
in all such cases the votes of both branches of the council shall be 
determined by yeas and nays, and the names of the members voting 
for and against the ordinance or resolution shall be entered on the 
journal of each branch. If the council consist of a single branch, 
the mayor's objections in writing to any ordinance, or resolution hav- 
ing the effect of an ordinance, shall be returned to the clerk, or other 
recording officer of the council, and be entered at length on its jour- 
nal; whereupon the council shall proceed to reconsider the same. 
Upon such consideration the vote shall be taken in the same manner 
as where the council consists of two branches, and if the ordinance 
or resolution be approved by two-thirds of all the members elected 
to the council, it shall become operative notwithstanding the objec- 
tions of the mayor. If any ordinance or resolution shall not be 
returned by the mayor within five days (Sunday excepted), after it 
shall have been presented to him, it shall become operative in like 
manner as if he had signed it, unless his term of office, or that of the 
council, shall expire within said five days. 

The mayor shall have the power to veto any particular item or 
items of an appropriation ordinance or resolution; but the veto shall 



3930 Virginia— 1902 

not affect any item or items to which he does not object. The item or 
items objected to shall not take effect except in the manner provided 
in this section as to ordinances or resolutions not approved by the 
mayor. No ordinance or resolution apj^ropriating money exceeding 
the sum of one hundred dollars, imposing taxes, or authorizing the 
borrowing of money, shall be passed, except by a recorded affirmative 
vote of a majority of all the members elected to the council or to each 
branch thereof Avhere there are two; and in case of the veto by the 
mayor of such ordinance or resolution, it shall require a recorded 
affirmative vote of two-thirds of all the members elected to the council, 
or to each branch thereof where there are two, to pass the same over 
such veto in the manner provided in this section. Nothing contained 
in this section shall operate to repeal or amend any provision in any 
existing city charter requiring a two-thirds vote for the passage of 
any ordinance as to the appropriation of money, imposing taxes or 
authorizing the borrowing of money. 

Sec. V2i. No street railway, gas, water, steam, or electric heating, 
electric light or power, cold storage, compressed air, viaduct, conduit, 
telephone, or bridge, company, nor any corporation, association, per- 
son or partnership, engaged in these or like enterprises, shall be per- 
mitted to use the streets, alleys, or public grounds of a city or town 
without the previous consent of the corporate authorities of such city 
or town. 

Sec. 125. The rights of no city or town in and to its water front, 
wharf property, public landings, wharves, docks, streets, avenues, 
parks, bridges, and other public places, and its gas, water, and elec- 
tric works shall be sold except by an ordinance or resolution passed 
by a recorded affirmative vote of three-fourths of all the members 
elected to the council, or to eac'h branch thereof where there are two, 
and under such other restrictions as may be imposed by law ; and in 
case of the veto by the mayor of such an ordinance or resolution, it 
shall require a recorded affirmative vote of three-fourths of all the 
members elected to the council, or to each branch thereof where there 
are two, had in the manner heretofore provided for in this article,, 
to pass the same over the veto. No franchise, lease or right of any 
kind to use any such public property or any other public property 
or easement of any description, in a manner not permitted to the 
general public, shall be granted for a longer period than thirty years. 
Before granting any such franchise or privilege for a term of years, 
except for a trunk railway, the municipality shall first, after due 
advertisement, receive bids therefor publicly, in such manner as may 
be provided by law, and shall then act as may be required by law. 
Such grant, and any contract in pursuance thereof, may provide that 
upon the termination of the grant the plant as well as the property, 
if any, of the grantee in the streets, avenues, and other public places 
shall thereupon, without compensation to the grantee, or upon the 
payment of a fair valuation therefor, be and become the property 
of the said city or town; but the grantee shall be entitled to no pay- 
ment by reason of the value of tfhe franchise; and any such plant 
or property acquired by a city or town may be sold or leased, or, 
if authorized by law, maintained, controlled and operated, by such 
city or town. Every such grant shall specify the mode of determin- 
ing any valuation therein provided for, and shall make adequate 



Virginia— 1902 3931 

provision by way of forfeiture of the grant, or otherwise, to secure 
efficiency ot public service at reasonable rates, and the maintenance 
of the property in good order throughout the term of the grant. 
Nothing herein contained shall be construed as preventing the Gen- 
eral Assembly from prescribing additional restrictions on the powers 
of cities and towns in granting franchises or in selling or leasing any 
of their property, or as repealing any additional restriction now re- 
quired in relation thereto in any existing municipal charter. 

Sec. 126. The General Assembly shall provide by general laws for 
the extension and the contraction, from time to time, of tlie cor- 
porate limits of cities and towns ; and no special act for such purpose 
shall be valid. 

Sec. 127. No city or town shall issue any bonds or other interest- 
bearing obligations for any purpose, or in any manner, to an amount 
which, including existing indebtedness, shall, at any time, exceed 
eighteen per centum of the assessed valuation of the real estate in 
the city or town subject to taxation, as shown by the last preceding 
assessment for taxes : provided, however, that nothing above con- 
tained in this section shall apply to those cities and towns whose 
charters existing at the- adoption of this Constitution authorize a 
larger jDercentage of indebtedness than is authorized by this section: 
and provided further, that in determining the limitation of the 
power of a city or town to incur indebtedness there shall not be 
included the following classes of indebtedness: 

(a) Certificates of indebtedness, revenue bonds or other obliga- 
tions issued in anticipation of the collection of the revenue of such 
city or town for the then current year; provided, that such cer- 
tifi.cates, bonds or other obligations mature within one year from the 
date of their issue, and be not past due, and do not exceed the revenue 
for such year ; 

(b) Bonds authorized by an ordinance enacted in accordance with 
section One Hundred and Twenty-three, and approved by the affirma- 
tive vote of the majority of the qualified voters of the city or town 
voting upon the question of their issuance, at the general election 
next succeeding the enactment of the ordinance, or at a special elec- 
tion held for that purpose, for a supply of water or other specific 
undertaking from which the city or town may derive a revenue; but 
from and after a period to be determined by the council, not exceed- 
ing five years from the date of such election, whenever and for so 
long as such undertaking fails to produce sufficient revenue to pay 
for cost of operation and administration (including interest on bonds 
issued therefor, and the cost of insurance against loss by injury to 
persons or property), and an annual amount to be covered into a 
sinking fund sufficient to pay, at or before maturity, all bonds issued 
on account of said undertaking, all such bonds outstanding shall be 
included in determining the limitation of the power to incur indebted- 
ness, unless the principal and interest thereof be made payable 
exclusively from the receipts of the undertaking. 

Sec. 128. In cities and towns the assessment of real estate and per- 
sonal property for the purpose of municipal taxation, shall be the 
same as the assessment thereof for the purpose of state taxation, 
whenever there shall be a state assessment of such property. 



3932 Virginia— 1902 

Article IX 

EDUCATION AND PUBLIC INSTRUCTION 

Sec. 129. The General Assembly shall establish and maintain an 
efficient system of public free schools throughout the State. 

Sec. 130. The general supervision of the school system shall be 
vested in a State Board of Education, composed of the Governor, 
Attorney-General, Superintendent of Public Instruction, and three 
experienced educators to be elected quadrennially by the Senate, from 
a list of eligibles, consisting of one from each of the faculties, and 
nominated by the respective boards of visitors or trustees, of the 
University of Virginia, the Virginia Military Institute, the Vir- 
ginia Polytechnic Institute, the State Female Normal School at 
Farmville, the School for the Deaf and Blind, and also of the College 
of William and Mary, so long as the State continue its annual appro- 
priation to the last named institution. 

The board thus constituted shall select and associate with itself two 
division superintendents of schools, one from a county and the other 
from a city, who shall hold office for two years, and whose powers and 
duties shall be identical with those of other members, except that 
they shall not participate in the appointment of any public school 
official. 

Any vacancy occurring during the term of any member of the 
board shall be filled for the unexpired term by said board. 

Sec. 131. The Superintendent of Public Instruction, who shall be 
an experienced educator, shall be elected by the qualified voters of 
the State at the same time and for the same term as the Governor. 
Any vacancy in said office shall be filled for the unexpired term by 
the said board. 

His duties shall be prescribed by the State Board of Education, of 
which he shall be ex-officio president; and his compensation shall be 
fixed by law. 

Sec. 132. The duties and powers of the State Board of Education 
shall be as follows: 

First. It may, in its discretion, divide the State into appropriate 
school divisions, comprising not less than one county or city each, but 
no county or city shall be divided in the formation of such divisions. 
It shall, subject to the confirmation of the Senate, appoint, for each 
of such divisions, one superintendent of schools, who shall hold office 
for four years, and shall prescribe his duties, and may remove him 
for cause and upon notice. 

Second. It shall have, regulated by law, the management and in- 
vestment of the school fund. 

Third. It shall have authority to make all needful rules and regu- 
lations for the management and conduct of the schools, which, when 
published and distributed, shall have the force and effect of law, sub- 
ject to the authority of the General Assembly to revise, amend, or 
repeal the same. 

Fourth. It shall select text books and educational appliances for 
use in the schools of the State, exercising such discretion as it may 
see fit in the selection of books suitable for the schools in the cities and 
counties respectively. 

Fifth. It shall appoint a board of directors, consisting of five mem- 
bers, to serve without compensation, which shall have the manage- 



Virginia— 190^ 3933 

ment of the State Library, and the appointment of a librarian and 
other employees thereof, subject to such rules and regulations as the 
General Assembly shall prescribe ; but the Supreme Court of Appeals 
shall have the management of the law library and the appointment of 
the librarian and other employees thereof. 

Sec. 133. Each magisterial district shall constitute a separate school 
district, unless otherwise provided by law. In each school district 
there shall be three trustees selected, in the manner and for the term 
of office prescribed by law. 

Sec. 134. The General Assembly shall set apart as a permanent and 
perpetual literary fund, the present literary fund of the State; the 
proceeds of all public lands donated by Congress for public free 
school purposes ; of all escheated property ; of all waste and unappro- 
priated 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 Assembly may appropriate. 

Sec. 135. The General Assembly shall apply the annual interest on 
the literary fund ; that portion of the capitation tax provided for in 
the Constitution to be paid into the State treasury, and not returnable 
to the counties and cities ; and an annual tax on property of not less 
than one nor more than five mills on the dollar to the schools of the 
primary and grammar grades, for the equal benefit of all of the peo- 
ple of the State, to be apportioned on a basis of school population ; the 
number of children between the ages of seven and twenty years in 
each school district to be the basis of such apportionment: but if at 
any time the several kinds or classes of property shall be segregated 
for the purposes of taxation, so as to specify and determine upon 
what subjects state taxes and upon what subject local taxes may be 
levied, then the General Assembly may otherwise provide for a fixed 
appropriation of state revenue to the support of the schools not less 
than that provided in this section. 

Sec. 136. Each county, city, town if the same be a separate school 
district, and school district is authorized to raise additional sums by 
a tax on property, not to exceed in the aggregate five mills on the 
dollar in any one year, to be apportioned and expended by the local 
school authorities of said counties, cities, towns and districts in 
establishing and maintaining such schools as in their judgment the 
public welfare may require: provided, that such primary schools as 
may be established in any school year, shall be maintained at least 
four months of that school year, before any part of the fund assessed 
and collected may be devoted to the establishment of schools of higher 
grade. The boards of supervisors of the several counties, and the 
councils of the several cities, and towns if the same be separate school 
districts, shall provide for the levy and collection of such local school 
taxes. 

Sec. 137. The General Assembly may establish agricultural, normal, 
manual training and technical schools, and such grades of schools as 
shall be for the public good. 

Sec. 138. The General Assembly may, in its discretion, provide for 
the compulsory education of children between the ages of eight and 
twelve years, except such as are weak in body or mind, or can read 
and write, or are attending private schools, or are excused for cause 
by the district school trustees. 

Sec. 139. Provision shall be made to supply children attending the 



3934 Virginia— 1902 

public schools with necessary text-books in cases where the parent or 
giiardian is unable, by reason of poverty, to furnish them. 

Sec. 140. White and colored children shall not be taught in the 
same school. 

Sec. 141. No appropriation of public funds shall be made to any 
school or institution of learning not owned or exclusively controlled 
by the State or some political subdivision thereof: provided, first, 
that the General Assembly ma}^, in its discretion, continue the appro- 
priations to the College of William and Mary ; second, that this sec- 
tion shall not be construed as requiring or prohibiting the continuance 
or discontinuance by the General Assembly of the payment of interest 
on certain bonds held by certain schools and colleges as provided by 
an act of the General Assembly, approved February twenty-third, 
eighteen hundred and ninety-two, relating to bonds held by schools 
and colleges; third, that counties, cities, towns, and districts may 
make appropriations to non-sectarian schools of manual, industrial, 
or technical training, and also to any school or institution of learning 
owned or exclusively controlled by such county, city, town, or school 
district. 

Sec. 142. Members of the boards of visitors or trustees of educa- 
tional institutions shall be appointed as may be provided by law, 
and shall hold for the term of four years : provided, that at the first 
appointment, if the board be of an even number, one-half of them, 
or, if of an odd number, the least majority of them, shall be appointed 
for two years. 

Article X 

AGRICULTURE AND IMMIGRATIOIST 

Sec. 143. There shall be a Department of Agriculture and Immi- 
gration, which shall be permanently maintained at the capital of the 
State, and which shall be under the management and control of a 
Board of Agriculture and Immigration, composed of one member 
from each congressional district, who shall be a practical farmer, 
appointed by the Governor for a term of four years, subject to con- 
firmation b}' the Senate, and the president of the Virginia Polytechnic 
Institute, Avho shall be ex-officio a member of the board : provided, 
that members of the board first appointed under this Constitution 
from the congressional districts bearing odd numbers shall hold office 
for two years. 

Sec. 144. The powers and duties of the board shall be prescribed 
by law: provided, that it shall have power to elect and remove its 
officers, and establish elsewhere in the State subordinate branches 
of said department. 

Sec. 145. There shall be a Commissioner of Agriculture and Immi- 
gration, whose term of office shall be four years, and who shall be 
elected b}^ the qualified voters of the State, and whose powers and 
duties shall be prescribed by the Board of Agriculture and Immigra- 
tion until otherwise provided by law. 

Sec. 146. The president of the Board of Agriculture and Immi- 
gration shall be ex-officio a member of the Board of Visitors of the 
Virginia Polytechnic Institute. 



Virginia— WO^ 3935 

Article XI 

PUBLIC INSTITUTIONS AND PRISONS 

Sec. 147. There shall be a state penitentiary, with such branch 
prisons and prison farms as may be provided by law. 

Sec. 148. There shall be appointed by the Governor, subject to 
confirmation by the Senate, a board of five directors which, subject 
to such regulations and requirements as may be prescribed by law, 
shall have the government and control of the penitentiary, branch 
prisons, and prison farms, and shall appoint the superintendents and 
surgeons thereof. The respective superintendents shall appoint, and 
may remove, all other officers and employees of the penitentiary, 
branch prisons, and j^rison farms, subject to the approval of the 
board of directors. The superintendents and surgeons shall be ap- 
pointed for a term of four years, and be removable by the board of 
directors for misbehavior, incapacity, neglect of official duty, or acts 
])erformed without authority of law. The terms of the directors 
first appointed shall be one, two, three, four, and five years, respec- 
tively ; and thereafter, upon the expiration of the term of a director, 
his successor shall be appointed for a term of five years. 

Sec. 149, P'or each state hospital for the insane now existing, or 
hereafter established, there shall be a special board of directors, con- 
sisting of three members, who shall be appointed by the Governor, 
subject to confirmation by the Senate ; such board shall have the man- 
agement of the hospital for Avhich it is appointed, under the super- 
vision and control of the general board of directors hereinafter con- 
stituted. The terms of the directors first appointed shall be two, four, 
and six years, respectively, and thereafter, upon the expiration of the 
term of a member, his successor shall be appointed for a term of six 
years. 

Sec. 150. There shall be a general board of directors for the control 
and management of all the state hospitals for the insane now existing 
or hereafter established, which shall consist of all the directors 
appointed members of the several special boards. The general board 
of directors shall be subject to such regulations and requirements as 
the General Assembly niav from time to time prescribe, and shall have 
full power and control over the special boards of directors and all of 
the officers and employees of the said hospitals. 

Sec. 151. The general board of directors shall appoint for a term of 
four years a superintendent for each hospital, who shall be removable 
by said board for misbehavior, incapacity, neglect of official duty, or 
acts performed without authority of law. The special board of each 
hospital, shall, subject to the approval of the general board, appoint 
for a term of four years all other resident officers. The superintend- 
ent of each hospital shall appoint, and may remove, with the approval 
of the special board, all other employees of such hospital. 

Sec. 152. There shall be a Commissioner of State Hospitals for the 
Insane, who shall be appointed by the Governor, subject to confirma- 
tion by the Senate, for a term of four j^ears. He shall be ex-officio 
chairman of the general and of each of the special boards of directors, 
and shall be responsible for the proper disbursement of all moneys 



3936 Virginia— 190^ 

appropriated or received from any source for the maintenance of such 
hospitals; he shall cause to be established and maintained at all of 
the hospitals a uniform system of keeping the records and the 
accounts of money received and disbursed and of making the reports 
thereof. He shall perform such other duties and shall execute such 
bond and receive such salary as may be prescribed by law. 

Article XII 

CORPORATIONS 

Sec. 153. As used in this article, the term " corporation '* or " com- 
pany " shall include all trusts, associations and joint stock companies 
having any powers or privileges not possessed by individuals or unlim- 
ited partnerships, and exclude all municipal corporations and public 
institutions owned or controlled by the State ; the term " charter " 
shall be construed to mean the charter of incorporation by, or under, 
which any such corporation is formed ; the term " transportation 
company '■ shall include any company, trustee, or other person own- 
ing, leasing or operating for hire a railroad, street railway, canal, 
steamboat or steamship line, and also aii}^ freight car company, car 
association, or car trust, express company, or company, trustee or per- 
son in any way engaged in business as a common carrier over a route 
acquired in whole or in part under the right of eminent domain ; the 
term " rate " shall be construed to mean " rate of charge for any serv- 
ice rendered or to be rendered ; " the terms '* rate," " charge " and 
" regulation," shall include joint rates, joint charges, and joint regu- 
lations, respectiveh' ; the term " transmission company " shall include 
any company owning, leasing, or operating for hire, any telegraph or 
telephone line ; the term " freight " shall be construed to mean any 
property transported, or received for transportation, by any trans- 
portation company ; the term " public service corporation " shall 
include all transportation and transmission companies, all gas, elec- 
tric light, heat and power companies, and all persons authorized to 
exercise the right of eminent domain, or to use or occupy any street, 
alley or public higliAvay, Avhether along, over, or under the same, in 
a manner not permitted to the general public ; the term " person," as 
used in this article, shall include individuals, partnerships and cor- 
porations, in the singular as well as plural number ; the term " bond " 
shall mean all certificates, or written evidences, of indebtedness issued 
by any corporation and secured by mortgage or trust deed ; the term 
" frank " shall be construed to mean any writing or token, issued by, 
or under authorit}^ of, a transmission company, entitling the holder 
to any service from such company free of charge. The provisions of 
this article shall always be so restricted in their application as not 
to conflict with any of the provisions of the Federal Constitution, and 
as if the necessary limitations upon their interpretation had been 
herein expressed in each case. 

Sec. 154. The creation of corporations, and the extension and 
amendment of charters (whether heretofore or hereafter granted), 
shall be provided for by general laws, and no charter shall be granted, 
amended or extended by special act, nor shall authority in such mat- 
ters be conferred upon any tribunal or officer, except to ascertain 
whether the applicants have, by complying with the requirements of 



Virginia— 1902 3937 

the law, entitled themselves to the charter, amendment or extension 
applied for, and to issue, or refuse, the same accordingly. Such gen- 
eral laws may be amended or repealed by the General Assembly ; and 
all charters and amendments of charters, now existing and revocable, 
or hereafter granted or extended, may be repealed at any time by 
special act. Provision shall be made, by general laws, for the vol- 
untary surrender of its charter by any corporation, and for the for- 
feiture thereof for non-user or mis-user. The General Assembly 
shall not, by special act, regulate the affairs of any corporation, nor, 
by such act, give it any rights, powers or privileges. 

Sec. 155. A permanent commission, to consist of three members, is 
hereby created, which shall be known as the State Corporation Com- 
mission. The commissioners shall be appointed by the Governor, 
subject to confirmation by the General Assembly in joint session, and 
their regular terms of office shall be six years, respectively, except 
those first appointed under this Constitution, of whom, one shall be 
appointed to hold office until the first day of February, nineteen hun- 
dred and four, one, until the first day of February, nineteen hundred 
and six, and one, until the first day of February, nineteen hundred 
and eight. Whenever a vacancy in the commission shall occur, the 
Governor shall forthwith appoint a qualified person to fill the same 
for the unexpired term, subject to confirmation by the General As- 
sembly aforesaid. Commissioners appointed for regular terms shall, 
at the beginning of the terms for which appointed, and those ap- 
pointed to fill vacancies shall, immediately upon their appointments, 
enter upon the duties of their office ; but no person so appointed, either 
for a regular term, or to fill a vacancy, shall enter upon, or continue in, 
office after the General Assembly shall have refused to confirm his ap- 
pointment, or adjourned sine die without confirming the same, nor 
shall he be eligible for re-appointment to fill the vacancy caused by 
such refusal or failure to confirm. No person while employed by, or 
holding any office in relation to, any transportation or transmission 
company, or while in any wise financially interested therein, or while 
engaged in practicing law, shall hold office as a member of said com- 
mission, or perform any of the duties thereof. At least one of the 
commissioners shall have the qualifications prescribed for judges of 
the Supreme Court of Appeals ; and any commissioner may be im- 
peached or removed in the manner provided for the impeachment or 
removal of a judge of said court. The commission shall annually 
elect one of their members chairman of the same, and shall have one 
clerk, one bailiff and such other clerks, officers, assistants and sub- 
ordinates as may be provided by law, all of whom shall be appointed, 
and subject to removal, by the commission. It shall prescribe its own 
rules of order and procedure, except so far as the same are specified 
in this Constitution or any amendment thereof. The General Assem- 
bly may establish within the department, and subject to the super- 
vision and control, of the commission, subordinate divisions, or bu- 
reaus, of insurance, banking or other special branches of the business 
of that department. All sessions of the commission shall be public, 
and a permanent record shall be kept of all its judgments, rules, 
orders, findings and decisions, and of all reports made to, or by, it. 
Two of the commissioners shall constitute a quorum for the trans- 
action of business, whether there be a vacancy in the commission or 
not. The commission shall keep its office open for business on every 



3938 Virginia— 1902 

day except Sundays and legal holidays. Transportation companies 
shall at all times transport, free of charge, within this State, the 
members of said commission and its officers, or any of them, when en- 
gaged on their official duties. The General Assembly shall pro- 
vide suitable quarters for the commission and funds for its lawful 
expenses, including pay for Avitnesses summoned, and costs of execut- 
ing processes issued, by the commission of its own motion; and shall 
fix the salaries of the members, clerks, assistants and subordinates 
of the connnission and ])rovide for the payment thereof; but the 
salary of each counnissioner shall not be less than four thousand dol- 
lars per annum. After the first day of January, nineteen hundred 
and eight, the General 'Assembly may i^rovide for the election of the 
members of the commission by the qualified voters of the State; in 
which event, vacancies thereafter occurring shall be filled as herein- 
before i^rovided, until the expiration of twenty days after the next 
general election, held not less than sixty days after the vacancy occurs, 
at which election the vacancy shall be filled for the residue of the 
unexpired term. 

Sec. 15(5 (a) Subject to the provisions of this Constitution and to 
such requirements, rules and regulations as may be prescribed by law, 
the State Corporation Commission shall be the department of govern- 
ment through which shall be issued all charters and amendments or 
extensions thereof, for domestic corporations, and all licenses to do 
business in this State to foreign corporations; and through which 
shall be carried out all the provisions of this Constitution, and of the 
laws made in pursuance thereof, for the creation, visitation, super- 
vision, regulation and control of corporations chartered by, or doing 
business in, this State. The commission shall prescribe the forms of 
all reports which may be recjuired of such corporations by this Con- 
stitution or by law ; it shall collect, receive, and preserve such reports, 
and annually tabulate and publish them in statistical form; it shall 
have all the rights and powers of, and perform all the duties devolv- 
ing upon, the Kailroad Counnissioner and the Board of Public Works, 
at the time this Constitution goes into effect, excej^t so far as they are 
inconsistent with this Constitution, or may be hereafter abolished or 
changed by law. 

(b) The Commission shall have the power, and be charged with the 
dut}'^, of supervising, regulating and controlling all transportation and 
transmission companies doing business in this State, in all matters 
relating to the performance of their public duties and their charges 
therefor, and of correcting abuses therein by such companies; and 
to that end the commission shall, from time to time, prescribe, and 
enforce against such companies, in the manner hereinafter author- 
ized, such rates, charges, classifications of traffic, and rules and regu- 
lations, and shall require them to establish and maintain all such pub- 
lic service, facilities and conveniences, as may be reasonable and just, 
which said rates, charges, classifications, rules, regulations ancl re- 
quirements, the commission may, from time to come, alter or amend. 
All rates, charges, classifications, rules and regulations adopted, or 
acted upon, by any such company, inconsistent with those prescribed 
l)y the connnission, within the scope of its authority, shall be unlaw- 
ful and void. The commission shall also have the right at all times 



Virginia— 1902 3939 

to inspect the books and papers of all transportation and transmission 
comj^anies doing business in this State, and to require from such com- 
panies, from time to time, special reports and statements under oath, 
concerning their business; it shall keep itself fully informed of the 
physical condition of all the railroads of the State, as to the manner 
in which they are operated, with reference to the security and accom- 
modation of the public, and shall, from time to time, make and enforce 
such requirements, rules and regulations as may be necessarj^ to pre- 
vent unjust or unreasonable discriminations by any transportation or 
transmission company in favor of, or against, any person, locality, 
community, connecting line, or kind of traffic, in the matter of car 
service, train or boat schedule, efficiency of transportation or other- 
wise, in connection with the public duties of such company. Before 
the commission shall prescribe or fix any rate, charge, or classifica- 
tion of traffic, and before it shall make any order, rule, regulation or 
requirement directed against any one or more companies by name, 
the company or companies to be affected by such rate, charge, classi- 
fication, order, rule, regulation or requirement, shall first be given, 
by the commission, at least ten days' notice of the time and place, 
when and where the contemplated action in the premises will be 
considered and disposed of, and shall be afforded a reasonable oppor- 
tunity to introduce evidence and to be heard thereon, to the end that 
justice may be done, and shall have process to enforce the attendance 
of witnesses ; and before the commission shall make or prescribe any 
general order, rule, regulation or requirement, not directed against 
any specific companj^ or companies by name, the contemplated general 
order, rule, regulation or requirement shall first be published in sub- 
stance, not less than once a week for four consecutive Aveeks in one 
or more of the newspapers of general circulation published in the city 
of Richmond, Virginia, together with notice of the time and place, 
when and where the commission will hear any objections which may 
be urged by any person interested, against the proposed order, rule, 
regulation or requirement ; and every such general order, ride, regu- 
lation or requirement, made by the commission shall be published at 
length, for the time and in the manner above specified, before it shall 
go into effect, and shall also, as long as it remains in force, be pub- 
lished in each subsequent annual report of the commission. The 
authority of the commission (subject to review on appeal as herein- 
after provided) to prescribe rates, charges and classifications of traf- 
fic, for transiDortation and transmission companies, shall be para- 
mount; but its authority to prescribe any other rules, regulations or 
requirements for corporations or other persons shall be subject to the 
superior authority of the General Assembly to legislate thereon by 
general laws : provided, however, that nothing in this section shall 
impair the right which has heretofore been, or may hereafter be, con- 
ferred by law upon the authorities of any city, town or county to 
prescribe rules, regulations or rates of charge to be observed by any 
public service corporation in connection with any services performed 
by it under a municipal or county franchise granted by such city, 
1own or county, so far as such services may be wholly within the 
lijnits of the city, town or county granting the franchise. Upon the 
request of the parties interested, it shall be the duty of the commis- 



3940 Virginia— 1902 

sion, as far as possible, to effect, by mediation, the adjustment of 
claims, and the settlement of controversies, between transportation or 
transmission companies and their patrons. 

(c) In all matters pertaining to the public visitation, regulation or 
control of corporations, and within the jurisdiction of the commission, 
it shall have the powers and authority of a court of record, to admin- 
ister oaths, to compel the attendance of witnesses and the production 
of papers, to punish for contempt any person guilty of disrespectful 
or disorderly conduct in the presence of the commission while in ses- 
sion, and to enforce compliance with any of its lawful orders or re- 
quirements by adjudging, and enforcing by its own appropriate pro- 
cess, against the delinquent or offending company (after it shall have 
been first duly cited, proceeded against by due process of law before 
the commission sitting as a court, and afforded opportunity to intro- 
duce evidence and to be heard, as well against the validity, justness or 
reasonableness of the order or requirement alleged to have been vio- 
lated, as against the liability of the company for the alleged viola- 
tion), such fines or other penalties as may be prescribed or authorized 
by this Constitution or by law. The commission may be vested with 
such additional powers, and charged with such other duties (not in- 
consistent with this Constitution) as may be prescribed by law, in con- 
nection with the visitation, regulation or control of corporations, or 
with the prescribing and enforcing of rates and charges to be observed 
in the conduct of any business where the State has the right to pre- 
scribe the rates and charges in connection therewith, or with the 
assessment of the property of corporations, or the appraisement of 
their franchises, for taxation, or with the investigation of the subject 
of taxation generally. Any corporation failing or refusing to obey 
any valid order or requirement of the commission, within such reason- 
able time, not less than ten days, as shall be fixed in the order, may 
be fined by the commission (proceeding by due process of law as 
aforesaid) such sum, not exceeding five hundred dollars, as the com- 
mission may deem proper, or such sum, in excess of five hundred dol- 
lars, as may be prescribed, or authorized, by law; and each day's 
continuance of such failure or refusal, after due service upon such 
corporation of the order or requirement of the commission, shall be a 
separate offence : provided, that should the operation of such order 
or requirement be suspended pending an appeal therefrom, the period 
of such suspension shall not be computed against the company in the 
matter of its liability to fines or penalties. 

(d) From any action of the commission prescribing rates, charges 
or classifications of traffic, or affecting the train schedule of any trans- 
portation compam', or requiring additional facilities, conveniences 
or public service of any transportation or transmission company, or 
refusing to approve a suspending bond, or requiring additional 
security thereon or an increase thereof, as provided for in subsection e 
of this section, an appeal (subject to such reasonable limitations as 
to time, regulations as to procedure and provisions as to costs, as may 
be prescribed by law) may be taken by the corporation w^hose rates, 
charges or classifications of traffic, schedule, facilities, conveniences 
or service, are affected, or by any person deeming himself aggrieved 
by such action, or (if allowed by law) by the Commonwealth. Until 
otherwise provided by law, such appeal shall be taken in the manner 



Virginia— 1902 3941 

in which appeals may be taken to the Supreme Court of Appeals 
from the inferior courts, except that such an appeal shall be of right, 
and the Supreme Court of Appeals may provide by rule for pro- 
ceedings in the matter of appeals in any particular in which the 
existing rules of laAA' are inapplicable. If such apj^eal be taken by the 
corporation whose rates, charges or classifications of traffic, schedules, 
facilities, conveniences or service are affected, the Commonwealth 
shall be made the appellee; but, in the other cases mentioned, the 
corporation so affected shall be made the appellee. The General As- 
sembly may also, hj general laws, provide for appeals from any other 
action of the commission, by the Commonwealth or by any person 
interested, irrespective of the amount involved. All appeals from the 
commission shall be to the Supreme Court of Appeals only; and in 
all appeals to which the Commonwealth is a party, it shall be repre- 
sented by the Attorney-General or his legally appointed representa- 
tive. No court of this Commonwealth (except the Supreme Court 
of Appeals, by way of appeals as herein authorized), shall have juris- 
diction to review, reverse, correct or annul any action of the commis- 
sion, within the scope of its authority, or to suspend or delay the 
execution or operation thereof, or to enjoin, restrain or interfere with 
the commission in the performance of its official duties: provided, 
however, that the writs of mandaTnus and prohibition shall lie from 
the Supreme Court of Appeals to the commission in all cases where 
such writs, respectively, would lie to any inferior tribunal or officer. 

(e) Upon the granting of an appeal, a writ of supersedeas may be 
awarded by the appellate court, suspending the operation of the 
action appealed from until the final disposition of the appeal; but, 
prior to the final reversal thereof by the appellate court, no action 
of the commission prescribing or affecting the rates, charges or clas- 
sifications of traffic or. any transportation or transmission company 
shall be delayed, or suspended, in its operation, by reason of any 
appeal by such corporation, or by reason of any proceedings resulting 
from such appeal, until a suspending bond shall first have been 
executed and filed with, and approved by, the commission (or ap- 
proved on review by the Supreme Court of Appeals), payable to the 
Commonwealth, and sufficient in amount and security to insure the 
prompt refunding, by the aj^pealing corporation to the parties enti- 
tled thereto, of all charges which such company may collect or receive, 
pending the appeal, in excess of those fixed, or authorized, by the 
final decision of the court on appeal. The commission, upon the 
execution of such bond, shall forthwith require the appealing com- 
l^any, under jDenalty of the immediate enforcement (pending the 
appeal and notwithstanding any supersedeas)^ of the order or re- 
quirement appealed from, to keep such accounts, and to make to the 
commission, from time to time, such reports, verified by oath, as may, 
m the judgment of the commission, suffice to show the amounts being 
charged or received by the company, pending the aj^peal, in excess of 
the charge allowed by the action of the commission appealed from, 
together with the names and addresses of the persons to whom such 
overcharges will be refundable in case the charges made by the com- 
pany pending the appeal, be not sustained on such appeal; and the 
commission shall also, from time to time, require such company, under 
like penalty, to give additional security on, or to increase, the said 
7535— VOL 7—09 11 



3942 Virginia— 1902 

suspending bond, ^vhenever, in the opinion of the commission, the 
same may be necessary to insure the prompt refunding of the over- 
charges aforesaid. Upon the final decision of such appeal, all 
amounts which the ai^pealing company may have collected, pending 
the appeal, in excess of that authorized by such final decision, shall 
be promptly refunded by the company to the parties entitled thereto, 
in such manner, and through such methods of distribution, as may be 
prescribed by the commission, or l)y law. All such appeals affecting 
rates, charges or classifications of traffic, shall have i:)recedence upon 
the docket of the appellate court, and shall be heard and disposed of 
promptly by the court, irrespective of its place of session, next after 
the Jiaheas corpvx, and Commonwealth's, cases already on the docket 
of the court. 

(/) In no case of appeal from the commission shall any new or 
additional evidence be introduced in the appellate court; but the 
chairman of the commission, inider the seal of the commission, shall 
certify to the appellate court all the facts upon which the action 
appealed from was based and Avhich may be essential for the proper 
decisi(m of the appeal, together with such of the evidence introduced 
before, or considered by, the commission as may be selected, specified 
and required to be certified, by any party in interest, as Avell as such 
other evidence, so introduced or considered, as the commission may 
deem j)roper to certify. The commission shall, whenever an appeal is 
taken therefrom, file with the record of the case, and as a part thereof, 
a written statement of the reasons upon which the action appealed 
from Avas based, and such statement shall be read and considered by 
the appellate court, upon disposing of the ai^peal. The appellate 
court shall have jurisdiction, on such appeal, to consider and deter- 
mine the reasonableness and justness of the action of the commission 
appealed from, as well as any other matter arising under such appeal: 
provided, however, that the action of the commission appealed from 
shall be regarded as prima facie just, reasonable and correct; but 
the court may, Avhen it deems necessary, in the interest of justice, 
remand to the commission any case pending on appeal, and require 
the same to be further investigated by the commission, and reported 
upon to the court (together with a certificate of such additional evi- 
dence as may be tendered before the commission liy any party in inter- 
est) before the appeal is finall}^ decided. 

{g) Whenever the court, upon appeal, shall reverse an order of the 
commission a fleeting the rates, charges or the classification of traffic 
of any transportation or transmission company, it shall, at the same 
time substitute therefor such order as, in its opinion, the commission 
should have made at the time of entering the order appealed from; 
otherwise, the reversal order shall not be valid. Such substituted 
order shall have the same force and effect (and none other) as if it 
had been entered by the commission at the time the original order 
api:)eale(l from was entered. The right of the commission to prescribe 
and enforce rates, charges, classifications, rules and regulations, affect- 
ing any or all actions of the commission theretofore entered by it 
and appealed from, but based upon circumstances or conditions differ- 
ent from those existing at the time the order appealed from was made, 
shall not be suspended or impaired by reason of the pendency of such 
appeal; but no order of the commission, prescribing or altering such 
rates, charges, classifications, rules or regulations, shall be retroactive. 



Virginia— 1902 3943 

(A) The right of any person to institute and prosecute in the ordi- 
nary courts of justice, any action, suit or motion against any trans- 
portation or transmission company, for any claim or cause of action 
against such company, shall not be extinguished or impaired, by 
reason of any fine or other penalty which the connnission may impose, 
or be authorized to impose, upon such company because of its breach 
of any public duty, or because of its failure to comply with any order 
or requirement of the commission ; but, in no such proceeding by any 
person against such corporation, nor in any collateral proceeding, 
shall the reasonableness, justness or validity of any rate, charge, classi- 
fication of traffic, rule, regulation or requirement, theretofore pre- 
scribed by the commission, within the scope of its authority, and then 
in force, be questioned : provided, however, that no case based upon 
or involving any order of the commission shall be heard, or disposed 
of, against the objection of either party, so long as such order is sus- 
pended in its operation by an order of the Supreme Court of Appeals 
as authorized by this Constitution or by any law passed in pursuance 
thereof. 

(i) The commission shall make annual reports to the (xovernor of 
its proceedings, in which reports it shall recommend, from time to 
time, such new or additional legislation in reference to its powers or 
duties, or the creation, supervision, regulation or control of corpora- 
tions, or to the subject of taxation, as it may deem wise or expedient, 
or as may be required by law. 

(k) Upon the organization of the State Corporation Commission, 
the Board of Public Works and the office of Railroad Commissioner, 
shall cease to exist ; and all books, papers and documents pertaining 
thereto, shall be transferred to, and become a part of the records of, 
the office of the State Corporation Commission. 

(l) After the first day of January, nineteen hundred and five, in 
addition to the modes of amendment provided for in Article Fifteen 
of this Constitution, the General Assembly, upon the recommendation 
of the State Corporation Commission, may, by law, from time to 
time, amend subsections a to «, inclusive, of this section, or any of 
them, or any such amendment thereof: provided, that no amendment 
made under authority of this subsection shall contravene the provi- 
sions of any part of this Constitution other than the subsections last 
above referred to or any such amendment thereof. 

Sec. 157. Provision shall be made by general laws for the payment 
of a fee to the Commonwealth by every domestic corporation, upon 
the granting, amendment or extension of its charter, and by every 
foreign corporation upon obtaining a license to do business in this 
State as specified in this section ; and also for the payment, by every 
domestic corporation, and foreign corporation doing business in this 
State, of an annual registration fee of not less than five dollars nor 
more than twenty-five dollars, which shall be irrespective of any spe- 
cific license, or other, tax imposed by law upon such company for the 
privilege of carrying on its business in this State, or upon its fran- 
chise or property; and for the making, by every such corporation (at 
the time of paying such annual registration fee), of such report to 
the State Corporation Commission, of the status, business or condition 
of such corporation, as the General Assembly may prescribe. No 
foreign corporation shall have authority to do business in this State, 



3944 Virginia— 1902 

until it shall have first obtained from the commission a license to do 
business in this State, upon such terms and conditions as may be 
prescribed by law. The failure by any corporation for two succes- 
sive years to pay its annual registration fee, or to make its said annual 
reports, shall, when such failure shall have continued for ninety 
days after the expiration of such two years, operate as a revocation 
and annulment of the charter of such corporation if it be a domestic 
company, or, of its license to do business in this State if it be a for- 
eign comi^any; and the General Assembly shall provide additional 
and suitable penalties for the failure of any corporation to comply 
promptly with the requirements of this section, or of any laws passed 
in pursuance thereof. The commission shall compel all corporations 
to comply promptly with such requirements, by enforcing, in the 
manner hereinbefore authorized, such fines and penalties against the 
delinquent company as may be provided for, or authorized by, this 
article; but the General Assembly may relieve from the payment of 
the said registration fee any purely charitable institution or insti- 
tutions. 

Sec. 158. Every corporation heretofore chartered in this State, 
which shall hereafter accept, or effect, any amendment or extension 
of its charter, shall be conchisively presumed to have thereby sur- 
rendered every exemption from taxation, and ever}'' non-repealable 
feature of its charter and of the amendments thereof, and also all 
exclusive rights or i)rivileges theretofore granted to it by the Gen- 
eral Assembly and not enjoyed by other corj^orations of a similar 
general character; and to have thereby agreed to thereafter hold its 
charter and franchises, and all amendments thereof, under the pro- 
visions and subject to all the requirements, terms and conditions of 
this Constitution and of any laws passed in pursuance thereof, so far 
as the same may be applicable to such corporation. 

Sec. 159. The exercise of the right of eminent domain shall never 
be abridged, nor so construed as to prevent the General Assembly 
from taking the property and franchises of corporations and sub- 
jecting them to public use, the same as the property of individuals; 
and the exercise of the police power of the State shall never be 
abridged, nor so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals 
or the general well-being of the State. 

Sec. 100. Xo transportation or transmission company shall charge 
or receive any greater compensation, in the aggregate, for transport- 
ing the same class of passengers or property, or for transmitting the 
same class of messages, over a shorter than over a longer distance, 
along the same line and in the same direction — the shorter being 
included in the longer distance — but this section shall not be con- 
stnied as authorizing any such company to charge or receive as gi-eat 
compensation for a shorter as for a longer distance. The State Cor- 
poration Commission may, from time to time, authorize any such 
company to disregard the foregoing provisions of this section, by 
charging such rates as the commission may prescribe as just and 
equitable between such company and the public, to or from any junc- 
tional or competitive points or localities, or where the competition of 
points located without this State may make necessary the pre- 
scribing of special rates for the protection of the commerce of this 



Virginia— 190^ 3945 

State; but this section shall not apply to mileage tickets, or to any 
special excursion, or commutation, rates, or to special rates for serv- 
ices rendered to the government of this State, or of the United States, 
or in the interest of some public object, when such tickets or rates 
shall have been prescribed or authorized by the commission. 

Sec. IGl. No transportation or transmission company doing busi- 
ness in this State shall grant to any member of the General Assembly, 
or to any State, county, district or municipal officer, except to mem- 
bers and officers of the State Corporation Commission for their per- 
sonal use while in office, any frank, free pass, free transportation, or 
any rebate or reduction in the rates charged by such company to the 
general public for like services. For violation of the provisions of 
this section the offending company shall be liable to such penalties as 
may be prescribed by law ; and any meml^er of the General Assem- 
bly, or any such officer, who shall, while in office, accept any gift, 
privilege or benefit as is prohibited by this section, shall thereby for- 
feit his office, and be subject to such further penalties as may be pre- 
scribed by law; but this section shall not prevent a street raihvay 
company from transporting free of charge any member of the police 
force or fire department while in the discharge of his official duties, 
nor prohibit the acceiotance by any such policeman or fireman of 
such free transportation. 

Sec. 162. The doctrine of fellow-servant, so far as it affects the 
liability of the master for injuries to his servant resulting from the 
acts or omissions of any other servant or servants of the common 
master, is to the extent hereinafter stated, abolished as to every 
employee of a railroad company, engaged in the physical construc- 
tion, repair or maintenance of its roadway, track or any of the struc- 
tures connected therewith, or in any work in or upon a car or engine 
standing upon a track, or in the physical operation of a train, car, 
engine, or switch, or in any service requiring his presence upon a 
train, car or engine; and every such employee shall have the same 
right to recover for every injury suffered by him from the acts or 
omissions of any other employee or employees of the common mas- 
ter, that a servant would have (at the time when this Constitution 
goes into effect), if such acts or omissions were those of the master 
himself in the performance of a non-assignable duty : provided, that 
the injury, so suffered by such railroad employee, result from the neg- 
ligence of an officer, or agent, of the company of a higher gi'ade of 
service than himself, or from that of a person, employed by the 
companj'^, having the right, or charged with the duty, to control or 
direct the general services or the immediate work of the party injured, 
or the general services or the immediate work of the co-employee 
through, or by, whose act or omission he is injured; or that it result 
from the negligence of a co-employee engaged in another department 
of labor, or engaged upon, or in charge of, any car upon which, or 
upon the train of which it is a part, the injured employee is not at 
the time of receiving the injury, or wdio is in charge of any switch, 
signal point, or locomotive engine, or is charged with dispatching 
trains or transmitting telegraphic or telephonic orders therefor; and 
whether such negligence be in the performance of an assignable or 
non-assignable duty. The physical construction, repair or mainte- 
nance of the roadway, track or any of the structures connected there- 
with, and the physical construction, repair, maintenance, cleaning 



3946 Virginia— 1902 

or operation of trains, cars or engines, shall be regarded as differ- 
ent departments of labor within the meaning of this section. Knowl- 
edge, by any such railroad employee injured, of the defective or 
unsafe character or condition of any machinery, ways, appliances or 
structures, shall be no defence to an action for injury caused thereby. 
"WTien death, whether instantaneous or not, results to such an em- 
ployee from any injury for which he could have recovered, under 
the above provisions, had death not occurred, then his legal or per- 
sonal representative, surviving consort, and relatives (and any trus- 
tee, curator, committee or guardian of such consort or relatives) 
shall, respectively, have the same rights and remedies with respect 
thereto as if his death had been caused by the negligence of a co-em- 
l^loyee while in the performance, as vice-jDrincipal, of a non-assignable 
duty of the master. Every contract or agreement, express or implied, 
made by an employee, to waive the benefit of this section, shall be 
null and void. This section shall not be construed to deprive any 
employee, or his legal or personal representative, surviving consort 
or relatives (or an}' trustee, curator, committee or guardian of such 
consort or relatives), of any rights or remedies that he or they may 
have by the law of the land, at the time this Constitution goes into 
effect. Nothing contained in this section shall restrict the pov\'er of 
the General Assembly to further enlarge, for the above-named class 
of employees, the rights and remedies hereinbefore provided for, or 
to extend such rights and remedies to, or otherwise enlarge the present 
rights and remedies of, any other class of employees of railroads or 
of employees of any person, firm or corporation. 

Sec. 163. No foreign corporation shall be authorized to carry on, 
in this State, the business, or to exercise any of the powers or func- 
tions, of a public service corporation, or be permitted to do anything 
which domestic corporations are prohibited from doing, or be relieved 
from compliance with any of the requirements made of similar 
domestic corporations by the Constitution and laws of this State, 
where the same can be made applicable to such foreign corporation 
without discriminating against it. But this section shall not affect 
any public service corporation whose line or route extends across the 
boundary of this ConnnouAvealth, nor prevent any foreign corpora- 
tion from continuing in such lawful business as it may be actually 
engaged in within this State, when this Constitution goes into effect ; 
but any such foreign public service corporation, so engaged, shall 
not, without first becoming incorporated under the laws of this State, 
be authorized to acquire, lease, use or operate, within this State, any 
public or municipal franchise or franchises in addition to such as it 
maj' own, lease, use or operate when this Constitution goes into effect. 
The property, within this State, of foreign corporations shall always 
be subject to attachment, the same as that of non-resident individuals; 
and nothing in this section shall restrict the power of the General 
Assembly to discriminate against foreign corporations whenever, and 
in whatsoever respect, it may deem wise or expedient. 

Sec. 164. The right of the Commonwealth, through such instru- 
mentalities as it maj"^ select, to prescribe and define the public duties 
of all common carriers and public service corporations, to regulate 
and control them in the performance of their public duties, and to fix 
and limit their charges therefor, shall never be surrendered nor 
abridged. 



Virginia— 1902 3947 

Sec. 1G5. ,The General Assembly shall enact laws preventing all 
trusts, combinations and monopolies, inimical to the public welfare. 

Sec. 16G. The exclusive right to build or operate railroads parallel 
to its own, or any other, line of railroad, shall not be granted to any 
company ; but every railroad company shall have the right, subject to 
such reasonable regulations as may be prescribed by law, to parallel, 
intersect, connect with or cross, with its roadway, any other railroad 
or railroads; but no railroad company shall build or operate any line 
of railroad not siDecified in its charter, or in some amendment thereof. 
All railroad companies, whose lines of railroad connect, shall receive 
and transport each other's passengers, freight, and loaded or empty 
cars, without delay or discrimination. Nothing in this section shall 
deprive the General Assembly of the right to prevent by statute, 
repealable at pleasure, any railroad from being built parallel to the 
present line of the Richmond, Fredericksburg and Potomac railroad. 

Sec. 1G7. The General Assembly shall enact general laws regulat- 
ing and controlling all issues of stock and bonds by corporations. 
Whenever stock or bonds are to be issued by a corporation, it shall, 
before issuing the same, file with the State Corporation Commission 
a statement (verified by the oath of the president or secretary of the 
corporation, and in such form as may be prescribed or permitted by 
the commission) setting forth fully and accurately the basis, or 
financial plan, ujion which such stock or bonds are to be issued; and 
Avhere such basis or ])lan includes services or property (other than 
money), received or to be received by the company, such statement 
shall accurately specify and describe, in the manner prescribed, or 
permitted, by the commission, the services and property, together 
with the valuation at which the same are received or to be received; 
and such corporation shall comply with any other requirements or 
restrictions which may be imposed by law. The (General Assembly 
shall provide adequate penalties for the violation of this section, or of 
any laws passed in pursuance thereof; and it shall be the duty of the 
commission to adjudge, and enforce (in the manner hereinbefore pro- 
vided), against any corporation refusing or failing to comply with 
the provisions of this section, or of any laws passed in pursuance 
thereof, such fines and penalties as are authorized by this Constitu- 
tion, or may be prescribed by law. 

Article XIII 

TAXATION AND FINANCE 

Sec. 168. All property, except as hereinafter provided, shall be 
taxed; all taxes, whether State, local or municipal, shall be uniform 
upon the same class of subjects within the territory limits of the 
authority levying the tax, and shall be levied and collected under 
general laws. 

Sec. 169. Except as hereinafter provided, all assessments of real 
estate and tangible personal property shall be at their fair market 
value, to be ascertained as prescribed by law. The General Assembly 
may allow a lower rate of taxation to be imposed for a period of 
years by a city or town upon land added to its corporate limits, than 
is imposed on similar property within its limits at the time such land 
is added. Nothing in this Constitution shall prevent the General 



3948 Virginia— 190^ 

Assembly, after the first day of January, nineteen hundred and 
thirteen, from segregating for the purposes of taxation, the several 
kinds or classes of property, so as to specify and determine upon what 
subjects. State taxes, and upon what subjects, local taxes may be 
levied. 

Sec. 170. The General Assembly may levy a tax on incomes in 
excess of six hundred dollars per annum; may levy a license tax 
upon any business which cannot be reached by the ad valorem sys- 
tem; and may imj^ose State franchise taxes, and in imposing a 
franchise tax, may, in its discretion, make the same in lieu of taxes 
upon other property, in whole or in part, of a transportation, indus- 
trial, or commercial corporation. AVhenever a franchise tax shall be 
imposed upon a corporation doing business in this State, or whenever 
all the capital, however invested, of a corporation chartered under the 
laws of this State, shall be taxed, the shares of stock issued by any 
such corporation, shall not be further taxed. Xo city or town shall 
impose any tax or assessment upon abutting land owners for street 
or other public local improvements, except for making and improving 
the walkways upon then existing streets, and improving and paving 
then existing alleys, and for either the construction, or for the use of 
sewers; and the same when imjiosecl, shall not be in excess of the 
peculiar l)enefits resulting therefrom to such abutting land owners. 
Except in cities and towns, no such taxes or assessments, for local 
public improvements shall be imposed on abutting land owners. 

Sec. 171. The General Assembly shall provide for a re-assessment 
of real estate, in the year nineteen hundred and five, and every fifth 
year thereafter, except that of railway and canal corporations, which, 
after January the first, nineteen hundred and thirteen, may be 
assessed as the General Assembly may provide. 

Sec. 172. The General Assembly shall provide for the special and 
separate assessment of all coal and other mineral land ; but until such 
special assessment is made, such land shall be assessed under existing 
laws. 

Sec. 173. The General Assembly shall levy a State capitation tax 
of, and not exceeding, one dollar and fifty cents per annum on every 
male resident of the State not less than twenty-one years of age, 
except those pensioned by this State for military services; one dollar 
of which shall be applied exclusively in aid of the public free schools, 
in proportion to the school jDopulation, and the residue shall be 
returned and paid by the State into the treasury of the county or city 
in which it was collected, to be appropriated by the proper county or 
city authorities to such county or city purposes as they shall respec- 
tively determine; but said State capitation tax shall not be a lien 
upon, nor collected by legal process from, the personal property 
which may be exempt from levy or distress under the poor debtor's 
law. The General Assembly may authorize the board of supervisors 
of any county, or the council of any city or town, to levy an addi- 
tional capitation tax not exceeding one dollar per annum on every 
such resident within its limits, which shall be applied in aid of the 
public schools of such county, city or town, or for such other county, 
city or town purposes as they shall determine. 

Sec. 174. After this Constitution shall be in force, no statute of 
limitation shall run against any claim of the State for taxes upon any 



Virginia— 190^ 3949 

property ; nor shall the failure to assess property for taxation defeat 
a subsequent assessment for and collection of taxes for any preceding 
year or years, unless such property shall have passed to a bona fide 
purchaser for value, without notice ; in which latter case the property 
shall be assessed for taxation against such purchaser from the date 
of his purchase. 

Sec. 175, The natural oyster beds, rocks, and shoals, in the waters 
of this State, shall not be leased, rented or sold, but shall be held in 
trust for the benefit of the people of this State, subject to such reg- 
ulations and restrictions as the General Assembly may prescribe, but 
the General Assembly may, from time to time, defuie and determine 
such natural beds, rocks or shoals, by surveys or otherwise. 

Sec. 176, The State Corporation Commission shall annually ascer- 
tain and assess, at the time hereinafter mentioned, and in the manner 
required of the Board of l^ublic Works, by the law in force on Jan- 
uary the first, nineteen hundred and two, the value of the roadbed, 
and other real estate, rolling stock, and all other personal property 
whatsoever (except its franchise and the non-taxable shares of stock 
issued by other corporations) in this State, of each railway corpora- 
tion, whatever its motive power, now or hereafter liable for taxation 
upon such property ; the canal bed and other real estate, the boats and 
all other personal property whatsoever (except its franchise and the 
non-taxable shares of stock issued by other corporations) in this State, 
of each canal corporation, empowered to conduct transportation ; and 
such property shall be taxed for State, county, city, town, and dis- 
trict purposes in the same manner as authorized by said law, at such 
rates of taxation as may be imposed by them, respectively, from time 
to time, upon the real estate and personal property of natural per- 
sons : provided, that no tax shall be laid upon the net income of such 
corporations. 

Sec. 177. Each such railway or canal corporation, including also 
any such as is exempt from taxation as to its works, visible property, 
or profits, shall also pay an annual State franchise tax equal to one 
per centum upon the gross receipts hereinafter specified in section 
One Hundred and Seventy-eight, for the privilege of exercising its 
franchises in this State, which, with the taxes provided for in section 
One Hundred and Seventy-six, shall be in lieu of all other taxes or 
license charges whatsoever upon the franchises of such corporation, 
the shares of stock issued by it, and upon its property assessed under 
section One Hundred and Seventy-six : provided, that nothing herein 
contained shall exempt such corporation from the annual fee required 
by section One Hundred and Fifty-seven of this Constitution, or from 
assessments for street and other public local improvements author- 
ized by section One Hundred and Seventy; and provided, further, 
that nothing herein contained shall annul or interfere with, or pre- 
vent any contract or agreement by ordinance between street railway 
corporations and municipalities, as to compensation for the use of 
the streets or alleys of such municipalities by such railway corpora- 
tions. 

Sec. 178. The amount of such franchise tax shall be equal to one 
per centum of the gross transportation receipts of such corporations 
for the year ending June the thirtieth of each year, to be ascertained 
by the State Corporation Commission, in the following manner : 



3950 Virginia— 1902 

(a) When the road or canal of the corporation lies wholly within 
this State, the tax shall be equal to one per centiun of the entire gross 
transportation receipts of such corporation, 

{b) When the road or canal of the corporation lies partly within 
and partly without this State, or is operated as a part of a line or 
system extending beyond this State, the tax shall be equal to one per 
centum of the gross transportation receipts earned within this State, 
to be determined as follows: By ascertaining the average gross trans- 
portation receipts ])c^r mile over its whole extent within and without 
this State, and multiplying the result l)y the number of miles operated 
within this State : proA'ided, that from the sum so ascertained there 
may be a reasonable deduction because of any excess of value of the 
terminal facilities or other similar advantages in other states over 
similar facilities or advantages in this State. 

Sec. 170. Each corporation mentioned in sections One Hundred 
and Seventy-six and One Hundred and Seventy-seven shall annually, 
on the first day of September, make to the State Corporation Com- 
mission the I'eport which the hnv, in force January the first, nineteen 
hundred and two, required to be made annually to the Board of 
Public Works by everv railroad and canal company in this State, 
not exempt from taxation by virtue of its charter, which report shall 
also show the property taxable in this State belonging to the corjjora- 
tion on the thirtieth day of June preceding, and its total gross trans- 
portation receijits for the year ending on that date". Upon receiving 
such report the State Corporation Connnission shall, after thirty 
days' notice i:)reviously given, as ])rovided by said law, assess the 
vahie of the pro])erty not exemjit from taxation, of the corj^oration, 
and ascertain the amount of the franchise tax and other State taxes 
chargeable against it. All taxes for which the corporation is liable 
shall be paid on or before the first day of December following. The 
provisions of said law, except as changed by this article, shall apply 
to the ascertainment and collection of the franchise, as well as other 
taxes of such corporations. Said taxes, until jiaid, shall be a lien 
upon the property Avithin this State of the corporation owning the 
.same, and take precedence of all other liens or incumbrances. 

Sec. 180. Any corporation aggrieved by the assessment and ascer- 
tainment made under sections One Hundred and Seventy-six and One 
Hundred and Seventy-eight may, within thirty days after receiving 
a certified copy thereof, apply for relief to the circuit court of the 
city of Richmond. Notice of the application, setting forth the 
grounds of complaint, verified by affidavit, shall be served on the 
State Corporation Commission, and on the Attorney-General, whose 
duty it shall be to represent the State. The court, if of opinion that' 
the assessment or tax is excessive, shall reduce the same; but if of 
opinion, that it is insufficient, shall increase the same. Unless the 
applicant paid the taxes under ])rotest, when due, the court, if it dis- 
allow the application, shall give judgment against it for a sum, by 
way of damages, equal to interest at the rate of one per centum per 
month upon the amount of taxes from the time the same were pay- 
able. If the ap])lication be allowed, in whole or in part, appropriate 
relief shall be granted, including the right to recover any excess of 
taxes that may have been paid, with legal interest thereon, and costs, 
from the State or local authorities, or both, as the case may be; the 



Virginia— W02 3951 

judgment to- be enforceable by mandamvs or other proper j^rocesH 
issuing from the court finally adjudicating the application. Subject 
to the provisions of Article Six of this Constitution, the Supreme 
Court of Appeals may allow a ^Yrit of error to either party. 

Sec. 181. After January the first, nineteen hundred and three, the 
system of taxation, as to the corporations mentioned in sections One 
Hundred and Seventy-six and One Hundred and Seventy-seven, shall 
be as set forth in sections One Hundred and Seventy-six to One Hun- 
dred and Eighty, inclusive ; and for that year the franchise tax shall 
be based upon such gross receipts for the year ending the thirtieth 
day of June, nineteen hundred and three, and such system shall so 
remain until the first day of January, nineteen hundred and thirteen, 
and thereafter until modified or changed, as may be prescril^ed by 
law : provided, that, if the said system shall for any reason become 
inoperative, the General Assembh'^ shall have power to adopt some 
other system. 

Sec. 182. Until otherwise prescribed by law, the shares of stock 
issued by trust or security companies chartered by this State, and by 
incorporated banks, shall be taxed in the same manner in which the 
shares of stock issued by incorporated banks were taxed, by the law 
in force January the first, nineteen hundred and two; but from the 
total assessed value of the shares of stock of any such company or 
bank, there shall be deducted the assessed value of its real estate 
otherwise taxed in this State, and the value of each share of stock 
shall be its proportion of the remainder. 

Sec. 183. Except as otherwise provided in this Constitution, the fol- 
lowing property and no other, shall be exempt from taxation. State 
and local ; but the General Assembly may hereafter tax any of the 
property hereby exempted save that mentioned in sub-section (a) : 

(a) Property directly or indirectly owned by the State, however 
held, and property lawfully owned and held by counties, cities, towns, 
or school districts, used wholly and exclusively for county, city, town, 
or public-school purposes, and obligations issued by the State since 
the fourteenth day of February, eighteen hundred and eighty-two 
or hereafter exempted by law. 

(b) Buildings with land they actually occupy, and the furniture 
and furnishings therein lawfully owned and held by churches or 
religious bodies, and wholly and exclusively used for religious wor- 
ship, or for the residence of the minister of any church or religious 
body, together with the additional adjacent land reasonably neces- 
sary for the convenient use of any such building. 

(c) Private family burying-grounds not exceeding one acre in 
area, reserved as such by will or deed, or shown by other sufficient 
evidence to be reserved as such, and so exclusively used, and public 
burying-grounds and lots therein exclusively used for burial pur- 
poses, and not conducted for profit, whether owned or managed by 
local authorities or by private corporations. 

(d) Buildings with the land they actually occupy, and the furni- 
ture, furnishings, books and instruments therein, wholly devoted to 
educational purposes, belonging to, and actually and exclusively occu- 
pied and used by churches, public libraries, incorporated colleges, 
academies, industrial schools, seminaries, or other incorporated insti- 
tutions of learning, including the Virginia Historical Society, which 



3952 Virginia— 1902 

are not corporations having shares of stock or otherwise owned by 
individuals or other corporations; together with such additional 
adjacent land owned by such churches, libraries and educational insti- 
tutions as may be reasonably necessary for the convenient use of such 
buildings, respectiveh' ; and also the buildings thereon used as resi- 
dences by the officers or instructors of such educational institutions; 
and also the permanent endowment funds held by such libraries and 
educational institutions directly or in trust, and not invested in real 
estate : provided, that such libraries and educational institutions 
are not conducted for profit of any person or persons, natural or cor- 
porate, directly, or under any guise or pretence whatsoever. But 
the exemption mentioned in this sub-section shall not apply to any 
industrial school, individual or corporate, not the property of the 
State, which does Avork for compensation, or manufactures and sells 
articles, in the community in which such school is located : provided, 
that nothing herein contained shall restrict any such school from 
doing work for or selling its own products or any other articles to 
any of its students or employees. 

(<?) Real estate belonging to, actually and exclusively occupied, 
and used by, and jDersonal property, including endowment funds, 
belonging to Young Men's Christian Associations, and other similar 
religious associations, orphan or other asylums, reformatories, hos- 
pitals and nunneries, which are not conducted for profit, but purely 
and completely as charities. 

(/) Buildings Avith the land they actually occupy, and the furni- 
ture and furnishings therein, belonging to any benevolent or chari- 
table association and used exclusively for lodge purposes or meeting 
rooms by such association, together with such additional adjacent 
land as may be necessary for the convenient use of the buildings for 
such purposes; and 

(r/) Property belonging to the Association for the Preservation of 
Virginia Antiquities, the Confederate Memorial Literary Society, 
and the ]\Iount Vernon Ladies' Association of the Union. 

No inheritance tax shall be charged, directly or indirectly, against 
any legacy or devise made according to law for the benefit of any 
institution or other body or any natural or corporate jjerson whose 
propertv is exempt from taxation as hereinbefore mentioned in this 
section. 

Nothing contained in this section shall be construed to exempt from 
taxation the property of any person, firm, association or corporation, 
who shall, expressly or impliedly, directly or indirectly, contract or 
promise to pay any sum of money or other benefit, on account of 
death, sickness, or accident to any of its members or any other per- 
son; and whenever any building or land, or part thereof, mentioned 
in this section and not belonging to the State, shall be leased or shall 
be a source of revenue or profit, all of such buildings and land shall 
be liable to taxation as other land and buildings in the same county, 
city, or town; and nothing herein contained shall be construed as 
authorizing or requiring any county, city, or town to tax for county, 
city or town purposes, in violation of the rights of the lessees thereof 
existing under any lawful contract heretofore made, any real estate 
OAvned by such county, citA^ or town, and heretofore leased by it. 

Obligations issued by counties, cities, or toAvns may be exempted 
by the authorities of such localities from local taxation. 



Virginia— 1902 3953 

Sec. 184. Xo debt shall be contracted by the State except to meet 
casual 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. No scrip, certificate or other evidence of State indebted- 
ness, shall be issued except for the transfer or redemption of stock 
previously issued, or for such debts as are expressly authorized in 
this Constitution. 

Sec. 185. Neither the credit of the State, nor of any count3% city, 
or town, shall be, directly or indirectly, under any device or pretence 
whatsoever, granted to or in aid of any person, association, or cor- 
poration ; nor shall the State, or any county, city, or town subscribe 
to or become interested in the stock or obligations of any company, 
association, or corporation, for the purpose of aiding in the construc- 
tion or maintenance of its work ; nor shall the State become a party 
to or become interested in anj^ work of internal improvement, except 
public roads, or engaged in carrying on any such work; nor assume 
any indebtedness of any county, city, or town, nor lend its credit to 
the same; but this section shall not prevent a county, city or town 
from perfecting a subscrij^tion to the capital stock of a railroad com- 
pany authorized by existing charter conditioned upon the affirmative 
vote of the voters and freeholders of such count^^ city or town in 
favor of such subscription : provided, that such vote be had prior to 
July first, nineteen hundred and three. 

Sec. 18G. All taxes, licenses, and other revenue of the State, shall 
be collected by its proper officers. and paid into the State treasury. 
Xo money shall be paid out of the State treasury except in pursuance 
of appropriations made by law ; and no such appropriation shall be 
made which is payable more than two years after the end of the 
session of the General Assembly, at which the law is enacted au- 
thorizing the same; and no appropriation shall be made for the 
payment of any debt or obligation created in the name of the State 
during the war between the Confederate States and the United 
States. Nor shall any county, city, or town pay any debt or obliga- 
tion created by such county, city, or town in aid of said war. 

Sec. 187. The General Assembly shall provide and maintain a 
sinking fund in accordance with the provisions of section Ten of the 
act, approved February the twentieth, eighteen hundred and ninety- 
tAvo, entitled " an act to provide for the settlement of the public debt 
of Virginia not funded under the provisions of an act entitled an 
act to ascertain and declare Virginia's equitable share of the debt 
created before, and actually existing at the time of the partition of 
her territorj?^ and resources, and to provide for the issuance of bonds 
covering the same, and the regular and prompt paj^ment of the inter- 
est thereon, approved February the fourteenth, eighteen hundred 
and eighty-two." Every law hereafter enacted by the General 
Assembly, creating a debt or authorizing a loan, shall provide for 
the creation and maintenance of a sinking fund for the payment or 
redemption of the same. 

Sec. 188. 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 government, or to pay the indebtedness of the State. 

Sec. 189. On all lands and the improvements thereon, and on ail 
tangible personal property, not exempt from taxation by the pro- 
visions of this article, the rate of State taxation shall be twenty 



3954 Virginia— 1902 

cents on every hundred dollars of the assessed value thereof, the pro- 
ceeds of which shall be applied to the expenses of the government 
and the indebtedn^ess of the State, and a further tax of ten cents on 
every hundred dollars of the assessed value thereof, which shall be 
applied to the support of the public free schools of the State; pro- 
vided, that after the first day of January, nineteen hundred and 
seven, the tax rate upon said real and personal property, for such 
purjDoses shall be i:)rescribed by law. But the General Assembly 
during .such period of four years, in addition to making annually an 
appropriation for pensions not to exceed the last appropriation made 
for such purpose prior to September the thirtieth, nineteen hundred 
and one, may levy annually, a special tax for pensions, on such real 
and personal property of not exceeding live cents on the hundred 
dollars of the assessed value thereof. 

Artulk XIV 

MISC'KLLA N K( )l : S 1>R( )V ISI ( )N S 

HOMKSTKAI) AM) OTUKK KXK.M I'TIONS 

Sec. 11)0. 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 exempt from levy, seizure, garnishment, or sale under any exe- 
cution, order, or other i)rocess issued on any demand for a debt here- 
after contracted, his real and personal property, or either, including 
money and debts due him, 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 : 

First. For the purchase price of said property, or any part thereof. 
If the property purchased, and not paid for, be exchanged for, or 
converted into, other ])roperty by the debtor, such last-named prop- 
erty shall not be exempted from the payment of such unpaid pur- 
chase money under the provisions of this.article; 

Second. For services rendered by a laboring person or mechanic; 

Third. For liabilities incurred by any public officer, or officer of a 
court, or any fiduciary, or any attorney-at-law for money collected ; 

Fourth. For a lawful claim for any taxes, le^^es, or assessments 
accruing after the first dav of June, eighteen hundred and sixtv-six; 

Fiftli: For rent ; ' 

Sixth. For the legal taxable fees of any public officer or officers of 
a court. 

Sec. 191. The said exemption shall not be claimed or held in a 
shifting stock of merchandise, or in any property, the conveyance of 
which by the homestead claimant has been set aside on the ground of 
fraud or want of consideration. 

Sec. 192. The General Assembly shall prescribe the manner and 
the conditions on which a householder or head of a family shall set 
apart and hold for himself and family a homestead in any of the 
property hereinbefore mentioned. But this section shall not be con- 
strued as authorizing the General Assembly to defeat or impair the 
benefits intended to be conferred by the provisions of this article. 



Virginia— 1902 3955 

Sec. 193. Nothing contained in this article shall invalidate any 
homestead exemption heretofore claimed under the provisions of the 
former Constitution ; or impair in any manner the right of any house- 
holder or head of a family existing at the time that this Constitution 
goes into effect, to select the exemption, or any part thereof, to which 
he was entitled under the former Constitution; provided that such 
right, if hereafter exercised, be not in conflict with the exemptions 
set forth in sections One Hundred and Ninety and One Hundred 
and Ninety-one. But no person who has selected and received the 
full exemption allowed by the foi'mer Constitution shall be entitled 
to select an additional exemj^tion under this Constitution; and no 
person who has selected and received part of the exemption allowed 
by the former Constitution shall be entitled to select an additional 
exemption beyond the difference between the value of such part and a 
total valuation of two thousand dollars. So far as necessary to 
accomplish the purposes of this section the provisions of chapter One 
Hundred and Seventy-eight of the Code of Virginia, and the acts 
amendatory thereof, shall remain in force until repealed by the Gen- 
eral Assembly. The provisions of this article shall be liberally 
construed. 

Sec. 194. 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 legis- 
lation which the General Assembly may deem necessary to fully 
carry out the provisions of this article. 

HEIRS OF PROPERTY 

Sec. 195. The children of j^arents, 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 seised, or possessed, or to which he was entitled, as though they 
had been born in lawful wedlock. 

Article XV 

' FUTURE CHANGES IN THE CONSTITUTION 

Sec. 196. Any amendment or amendments to the Constitution may 
be proposed in the Senate or 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 Assembly at its first regular session held after 
the next general election of members of the House of Delegates, and 
shall be published for three months previous to the time of such 
election. If, at such regular session the 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 As- 
sembly to submit such proposed amendment or amendments to the 
people, in such manner and at such times as it shall prescribe; and if 
the people shall approve and ratify such amendment or amendments 



3956 Virginia— 1902 

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. 

Sec. 197. At such time as the General Assembly may provide, a 
majority of the members elected to each house being recorded in the 
affirmative, the question, " shall there be a convention to revise the 
Constitution and amend the same '"? shall be submitted to the electors 
qualified to vote for members of the General Assembly ; and in case 
a majority of the electors so qualified, voting- thereon, shall vote in 
favor of a convention for such purpose, the General Assembly, at 
its next session, shall provide for the election of delegates to such 
convention ; and no convention for such purpose shall be otherwise 
called. 

Schedule 

That no inconvenience may arise from the adoption of this Con- 
stitution, and in order to provide for carrying it into complete opera- 
tion, it is hereby ordained that : 

Section 1. The connnon law and the statute laws in force at the 
time this Constitution goes into etfect, so far as not repugnant thereto 
or repealed thereby, .shall remain in force until they expire by their 
own limitation, or are altered or repealed by the General Assembly. 

Sec. 2. All ordinances adopted by this Convention, and appended 
to the official draft of the Constitution delivered to the Secretar}?^ of 
the Commonwealth, shall have the same force and effect, as if they 
were parts of this Constitution. 

Sec. 3. PLxcept as modified by this Constitution, all writs, actions 
and causes of action, prosecutions, rights of individuals, of bodies 
corporate or jwlitic, and of the State, shall continue. All legal pro- 
ceedings, civil and criminal, pending at the time this Constitution 
goes into effect, or instituted prior to the first day of February, 
nineteen hundred and four, in any county or circuit court as now 
existing, shall be prosecuted therein : provided, that all such matters, 
Avhich are not finally terminated before the day last above mentioned, 
shall, on that date, by operaton of this Constitution and Schedule, 
be transferred to the circuit court of the county or city created 
under this Ccmstitution, and shall be proceeded with therein. All 
such matters j^ending in the city courts, preserved by this Con- 
stitution, when the same goes into effect, or thereafter instituted 
therein, shall continue in said courts, and be therein proceeded with, 
until otherwise provided by law. All matters before justices of the 
peace or police justices at the time this Constitution goes into effect, 
shall be proceeded Avith before them, until otherwise provided by 
law. All legal proceedings prosecuted after this Constitution goes 
into effect, Avhether in any of the courts now existing, or in those 
created by this Constitution, shall be proceeded with in the manner 
now or hereafter provided by law, except as otherwise required by 
this Constitution. 

Sec. 4. All taxes, fines, penalties, forfeitures and escheats, accrued 
or accruing to the Commonwealth, or to any political subdivision 
thereof, under the present Constitution, or under the laws now in 
force, shall, under this Constitution, enure to the use of the Common- 
wealth, or of such subdivision thereof. 



I 



Virginia— 1902 3957 

Sec. 5. All recognizances, and other obligations, and all other 
instruments entered into or executed before the adoption of this 
Constitution, or before the complete organization of the departments 
thereunder, to the Commonwealth, or to any county, or political 
subdivision thereof, city, town, board, or other public corporation, 
or institution therein, or to any public officer, shall remain binding 
and valid, and rights and liabilities thereunder shall continue and 
may be enforced or prosecuted in the courts of this State as now or 
hereafter provided by law. 

Sec. G. From the day this Constitution goes into effect, the present 
judges of the Supreme Court of Appeals, or their successors then in 
office, shall be the judges of the Supreme Court of Appeals created 
by this Constitution, and continue in office, unless sooner removed, 
until February the first, nineteen hundred and seven. The jurisdic- 
tion of the court shall be as now or hereafter provided by law, subject 
to the i^rovisions of this Constitution. All proceedings, then pend- 
ing in the court as now organized, shall, by virtue of this Constitu- 
tion, be transferred to and disposed of by the court created by this 
Constitution. 

Sec. T. The present judicial system of county and circuit courts 
of the Commonwealth is continued, and the terms of the several 
judges thereof, with the powers and duties now possessed by them 
respectively, are continued, until the first day of February, nineteen 
dundred and four, as if this Constitution had not been adopted; on 
which day the judicial system of circuit courts created by this Con- 
stitution shall go into operation. The terms of the judges of the 
city courts, as preserved by this Constitution, of the cities of Alex- 
andria, Charlottesville, Danville, Fredericksburg, Lynchburg, Peters- 
burg, Norfolk, Portsmouth, Richmond, Staunton, Manchester, Roan- 
oke, Winchester, and Newport News, shall continue until the first 
day of February, nineteen hundred and seven; and the terms of 
the judges of the city courts, as preserved by this Constitution, of 
the cities of Bristol, Radford and Buena Vista, shall continue until 
the first day of February, nineteen hundred and four, unless the 
said courts shall be sooner abolished. The privilege now allowed 
by statute to judges of county courts and to judges of certain city 
courts to practice law, shall continue during the terms of the judges 
whose terms are continued by this Schedule, unless otherwise pro- 
vided by law. 

Sec. 8. The terms of the clerks of the county and circuit courts now 
in office, or their successors, shall continue until the first day of Feb- 
ruary, nineteen hundred and four; and thereupon, the several clerks 
of the county courts in those counties in which such clerks are now 
ex-officio clerks of the circuit courts of said counties shall be and 
become the county clerks of their respective counties, and the clerks 
of all the other county courts of the State, except the counties of 
Accomac, Augusta, Bedford, Campbell, Elizabeth City, Fairfax, 
Lee, Loudoun, Hanover, Henrico, Rockingham, Nansemond, South- 
ampton, Pittsylvania, Nelson, and Wythe, and, as such, the clerks of 
the circuit courts created therefor by this Constitution, and shall 
hold office as such until the first day of January, nineteen hundred 
and six, unless sooner removed, and their successors shall be elected on 
Tuesday after the first Monday in November, nineteen hundred and 

7535— VOL 7—09 12 



3958 Virginia— 1902 

five ; provided, that the first term of the clerks so elected be for six 
years. In the counties of Accomac, Augusta, Bedford, Campbell, 
Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rocking- 
ham, Nansemond, Southampton, Pittsylvania, Nelson, and Wythe, 
in which there are now separate clerks for the county and circuit 
courts thereof, there shall be elected on Tuesday after the first Mon- 
day in November, nineteen hundred and three, county clerks for such 
counties. The terms of the clerks now in office, or their successors, of 
the several city courts preserved by this Constitution, shall continue 
until the first day of January, nineteen hundred and seven ; and their 
successors shall be elected on Tuesday after the first Monday in 
November, nineteen hundred and five ; but if any of such city courts 
shall be sooner abolished as provided in this Constitution or by law, 
then the term of the clerk of any such court shall thereupon 
determine. 

Sec. 9. The first election of the Governor and of all officers required 
by this Constitution, to be chosen by the qualified voters of the State 
at large, shall be held on the Tuesday after the first Monday in 
November, nineteen hundred and five, and their terms of office shall 
begin on the first day of PVbruary following their election. The 
present incumbents of said offices, or their successors, shall continue 
in office until the last-named day. 

Sec. 10. The first election of members of the House of Delegates, 
and of all county and district officers, to be elected by the people 
under this Constitution, except as otherwise provided in this Sched- 
ule, shall be held on Tuesday after the first Monday in November, 
in the year nineteen hundred and three ; and the terms of office of the 
several officers elected at that or any subsequent election shall begin 
on the first day of January, next after their election, except as other- 
wise provided in this Constitution or in this Schedule. And the 
terms of the office of the sheriff, Connnonwealth's attorney, treasurer, 
connnissioners of the revenue, superintendents of the poor, super- 
visors of the several counties, justices of the peace, and overseers of 
the poor, and of any incumbent of any other county or district office 
not abolished by this Constitution, nor herein specifically mentioned, 
now in office, or their successors, or whose terms of office shall begin 
on the first day of July, nineteen hundred and two, are continued 
until January the first, nineteen hundred and four. 

The terms of the present members of the House of Delegates, and 
the terms of the Senators now in office, or (in case of vacancies 
therein), their successors, representing the senatorial districts bear- 
ing even numbers, are extended until the second Wednesday in Janu- 
ary, nineteen hundred and four ; provided, that the term of the sena- 
tor, now residing in the ctiy of Richmond, who by the provisions of 
the apportionment act, approved April the second, nineteen hundred 
and two, is continued in office as one of the senators from the thirty- 
eighth senatorial district thereby created, be extended until the sec- 
ond Wednesday in January, nineteen hundred and six. The terms 
of the senators now in office, or (in case of vacancies therein), their 
successors, representing the senatorial districts bearing odd numbers 
are extended until the second Wednesday in January, nineteen hun- 
dred and six. 



Virginia— 1902 3959 

In the senatorial districts bearing even numbers, there shall be 
elected, on the Tuesday after the first Monday in November, nine- 
teen hundred and three, for a term of four years, to begin on the sec- 
ond Wednesday in January succeeding their election, members of the 
Senate to represent such districts ; in the senatorial districts bearing 
odd numbers, and in the city of Richmond to fill the vacancy, which 
Avill, as above provided, occur on the second Wednesday in January, 
nineteen hundred and six, there shall be elected, on the Tuesday after 
the first Monday in November, nineteen hundred and five, for a term 
of two years, to begin on the second Wednesday in January succeed- 
ing their election, members of the Senate to represent such districts; 
and on the Tuesday after the first Monday in November, nineteen 
hundred and seven, there shall be elected, for the term of four years, to 
begin on the second Wednesday in January succeeding their election, 
a senator from each senatorial district in the State. 

Sec, 11. All other State, county, and district officers, and their suc- 
cessors, who may be in office at the time this Constitution goes into 
effect, except the Auditor of Public Accounts, the Second Auditor, 
the Register of the Land Office, the Superintendent of Public Print- 
ing, the Commissioner of Labor and Industrial Statistics, Railroad 
Commissioner, notaries public, the Adjutant-General, the Superin- 
tendent and the Surgeon of the Penitentiary, the Manager and the 
Surgeon of the State Prison Farm, the superintendents of the several 
State hosj^itals, and the school superintendents for counties and cities, 
and school trustees, shall, unless their respective offices be abolished, 
or unless otherwise provided by this Constitution or Schedule, hold 
their respective offices, and discharge the respective duties and exer- 
cise the respective powers thereof, until January the first, nineteen 
hundred and four. The terms of the present incumbents in the offices 
of Auditor of Public Accounts, Second Auditor, Register of the Land 
Office, Superintendent of Public Printing, and Commissioner of 
Labor and Industrial Statistics, shall continue until March the first, 
nineteen hundred and four. The term of the Railroad Commissioner 
shall end as soon as the State Corporation Commission shall be 
organized. Notaries public shall continue in office until their respec- 
tive commissions sliall expire. The term of the office of Adjutant- 
General shall expire March the first, nineteen hundred and six. The 
Superintendent and the Surgeon of the Penitentiary, the Manager 
and the Surgeon of the State Prison Farm, the superintendents of the 
several State hospitals, shall continue in office until their successors 
shall be appointed by the respective boards empowered under this 
Constitution to make the several appointments. The school superin- 
tendents for counties and cities shall remain in office for their respec- 
tive terms, and until their successors are appointed. School trustees 
now in office, or their successors, shall remain in office until otherwise 
provided by law. Electoral boards with the powers conferred by 
existing laws, except the appointment of registrars, shall remain in 
office until March the first, nineteen hundred and four. 

Sec. 12. The terms of the State Board of Education, the State Cor- 
poration Commission and the Board of Agriculture and Immigration, 
the directors of public institutions and prisons, and of each State 
hospital, and the Commissioner of State Hospitals, to be first elected, 



3960 Virginia— 1902 

or appointed, under this Constitution, shall begin on March the first, 
nineteen hundred and three. The board of any of the above-named 
departments and institutions as now constituted shall continue until 
the boards created under this Constitution for such departments and 
institutions respectively are duly organized. And the terms of the 
members of the Board of Fisheries are continued until March the first, 
nineteen hundred and six. The terms of the trustees or visitors of 
the State educational institutions, and other honorary appointments 
made by the Governor, are continued until otherwise provided by law. 

Sec. 13. Charters of incorporation may, until the first day of April, 
nineteen hundred and three, be gi-anted or amended by the courts of 
the State in accordance Avith the laws in force when this Constitution 
goes into effect, unless the General Assembly shall sooner provide for 
the creation of corporations as required by this Constitution. 

Sec. 14. The terms of all officers elected by the qualified voters of a 
city, and of their successors, in office at the time this Constitution goes 
into effect, or whose terms of office begin on the first day of July, 
nineteen hundred and two, except the terms of maA^ors, of members 
of city councils and of the clerks of city courts, are continued until 
January the first, nineteen hundred and six; and their successors 
shall be elected on the Tuesday after the first Monday in November, 
nineteen hundred and five. The terms of all city officers, not so 
elected, shall (\\pire as pr()vide<l in the charters of the several cities, 
or as may be provided by law. 

Sec. 15. Until otherwise provided by law, the mayors of the several 
cities shall continue in office until September the first, nineteen hun- 
dred and four, and their successors shall be elected the second Tues- 
day in June, nineteen hundred and four. Until otherwise provided 
by law, the members of the several city councils shall continue in 
office for the terms prescribed in the charters of their respecti^^e cities, 
except that Avhere their terms are prescribed as ending on the first 
day of July of any year, they shall be extended until the first day of 
September following. 

Sec. 16. Vacancies in any office, the term of which is confirmed or 
extended by this Schedule, occurring during such term or extension 
thereof, shall be filled in the manner prescribed by law. 

Sec. 17. All officers, whose terms of office are extended by this 
Schedule, required by laAv or municipal ordinance to give bond for 
the faithful discharge of the duties of their resj^ectiA'e offices, shall, 
prior to the ex})iration of the terms for which they Avere respectiA^ely 
chosen, before the court or other authority before Avhom such officer 
was required by law or municipal ordinance to give such bond, enter 
into a neAv bond, in the same penalty and Avith such security as was 
prescribed by law or municipal ordinance in respect to his former 
bond, and with like conditions as therein prescribed, for the faithful 
discharge of the duties of his office for the extended term herein pro- 
vided for. and until his successor shall haA^e been duly chosen, and 
shall haA^e qualified according to laAv. Upon failure to giA'e such bond 
within the time above prescribed, the office shall, upon the expiration 
of the term for which the incumbent thereof Avas chosen, become 
A^acant. 

Sec. 18. In all elections held after this Constitution goes into effect, 
the qualifications of electors shall be those required by Article Two of 
this Constitution. 



Virginia— 1902 3961 

Sec. 19. The General Assembly which convened on the first Wednes- 
day in December, nineteen hundred and one, shall be called by the 
Govej-nor to meet in session at the Capitol at twelve o'clock M., on 
Tuesday, the fifteenth day of July, nineteen hundred and two. It 
shall be vested with all the powers, charged with all the duties, and 
subject to all the limitations prescribed by this Constitution in refer- 
ence to the General Assembly, except as to the limitation upon the 
period of its session, qualifications of members, and as to the time at 
which any of its acts shall take efi'ect; but the ineligibility of the 
members thereof to be elected to any other office during their terms as 
members of the General Assembly shall be such as is imposed by this 
Constitution. The said General' Assembly shall elect judges for all 
of the circuit courts provided for in this Constitution, and also of the 
corporation courts for Bristol, Radford, and Buena Vista, unless said 
city courts are sooner abolished. 

Sec. 20. The said General Assembly shall enact such laws as may 
be deemed proper, including those necessary to put this Constitution 
into complete operation; to confirm those officers whose appointment 
is made by this Constitution subject to confirmation by the General 
Assembly or either house thereof; and to transact other proper busi- 
ness; and such session shall continue so long as may be necessary. 
The members shall receive for their services four dollars per day, for 
the time when the General Assembly is actually in session, including 
Sundays and recesses of not exceeding five days, and the mileage pro- 
vided by law ; the Speaker of the House of Delegates and President 
of the Senate shall each receive seven dollars per day for the same 
period and the mileage provided by law; and the other officers and 
employees shall receive such comj^ensation for their services as the 
General Assembly maj^ prescribe. Provision may be made for com- 
pensation at said rate of four dollars j^er day of members of legisla- 
tive committees which may sit during any recess of said session. 

Sec. 21. The compensation and duties of the Clerk of the House of 
Delegates and of the Clerk of the Senate shall continue as now fixed 
by law until the first of January, nineteen hundred and three, after 
which date their compensation shall be as prescribed by section Sixty- 
six of this Constitution. 

Sec. 22, AMien the General Assembly convenes on the fifteenth day 
of July, nineteen hundred and two, its members and officers, before 
entering upon the discharge of their duties, shall severally take and 
subscribe the oath or affirmation prescribed by section Thirty-four of 
the Constitution. And not later than the twentieth day of July, 
nineteen hundred and two, the Governor and all other executive 
officers of the State, whose offices are at the seat of government, and all 
judges of courts of record, shall severally take and subscribe such oath 
or affirmation ; and upon the failure of any such officer, executive or 
judicial, to take such oath by the day named, his office shall thereby 
become vacant. Such oaths or affirmations shall be taken and sub- 
scribed before any person authorized by existing laAvs to administer 
an oath. The Secretary of the Commonwealth shall cause to be 
printed the necessary blanks for carrying into effect this provision, 
and the said oaths and affirmations so taken and subscribed, except of 
the members and officers of the General Assembly, shall be returned 
to and filed in his office ; and those taken by the members and officers 



3962 Virginia~1902 

of the General Assembly shall be preserved in the records of the 
respective houses. 

Sec. 28, The official copy of the Constitution and Schedule, ajid of 
any ordinance adopted by the Convention, shall, as soon as they shall 
be enrolled, be signed by the President and attested by the Secretary 
of the Convention, and the President will thereupon cause the same to 
be delivered to the Secretary of the Commonwealth, who will file and 
preserve the same securel}^ among the archives of the State in his 
custody. 

The Secretary of the Commonwealth will cause the Constitution, 
Schedule, and said ordinances to be transcribed in a book to be jDro- 
vided for the purpose and safely kept in his office. 

The Secretary of the Convention will immediately upon the adop- 
tion of this Schedule, deliver a certified copy of the Constitution and 
Schedule, and of said ordinances, to the (Governor of the Connnon- 
wealth. 

Sec. 24, The (jovernor is authorized and directed to immediately 
issue his proclamation announcing that this revised and amended 
Constitution has been ordained by the people of Virginia, assembled 
in Convention, through their representatives, as the Constitution for 
the government of the people of the State, and will go into effect as 
such, subject to the provisions of the Schedule annexed thereto, on the 
tenth day of July, nineteen hundred and two, at noon, and calling 
upon all the pe()])le of Virginia to render their true and loyal support 
to the same, as the organic law of the Commonwealth. 

Sec. 25. This Constitution shall, except as is otherwise provided in 
the Schedule, go into effect on the tenth day of July, nineteen hundred 
and tAvo, at noon. 

This Schedule shall take effect from its passage. 



WASHINGTON 



For organic acts relating to the land now included within Washington see 
in this worlj; : 

Convention with Great Britain, 1818 (Oregon, p. 2983). 
Convention with Russia, 1824 (Oregon, p. 2983). 
Treaty with Great Britain, 1846 (Oregon, p. 2985). 
Territorial Government of Oregon, 1848 (Oregon, p. 2986). 
Enabling Act for Washington, 1889 (Montana, p. 2289). 



THE TERRITORIAL GOVERNMENT OF WASHINGTON— 1853 -» 

[Thirty-second Congress, Second Session] 

An Act to establish the Territorial Government of Washington 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That from and 
after the passage of this act, all that portion of Oregon Territory 
lying and being south of the forty-ninth degree of north latitude, 
and north of the middle of the main channel of the Columbia River, 
from its mouth to where the forty-sixth degree of north latitude 
crosses said river, near Fort Walla walla, thence with said forty-sixth 
degree of latitude to the summit of the Rocky Mountains, be organized 
into and constitute a temporary government by the name of the Ter- 
ritory of Washington : Provided, That nothing in this act contained 
shall be construed to affect the authority of the government of the 
United States to make any regulation respecting the Indians of said 
Territory, their lands, property, or other rights, by treaty, law, or 
otherwise, wdiich it would have been competent to the government to 
make if this act had never been passed : Provided, further. That the 
title to the land, not exceeding six hundred and forty acres, now 

1 For other statutes of an organic nature relating to Washington subse- 
quent to 1853, see the act to prohibit slavery in, act of June 19, 1862 ; to empower 
legislature to arrange .iudicial districts, February 9, 1863; to regulate gover- 
nor's veto power, June 17. 1864; to regulate sessions of legislature and pay of 
members, June 29, 1866 ; to regulate elective franchise in, January 25, 1867 ; 
to prohibit special acts of incorporation. March 2, 1867; to disapprove act of 
territorial legislature redistricting the territory, July 27, 1868 ; to regulate 
elections in, March 3, 1869 ; to regulate elections in. May 9, 1872 ; to impower 
legislature to pass general laws for the incorporation of certain companies, 
June 10, 1872 ; to limit the duration of legislative sessions and to fix the pay of 
members, January 23, 1873 ; to amend certatin provision of Revised Statutes 
concerning, .Tune 29, 1876 ; to fix number of members and compensation of each 
house of legislature, June 19, 1878. June 27, 1879 ; to reorganize the courts and 
appoint an additional justice, July 4. 1884 ; to extend jurisdiction of justices 
of the peace. January 28, 1885 ; to limit legislature's power to pass special acts 
of incorporation, March 3. 1885 ; to prohibit various forms of special legislation, 
July 30, 1886 ; to permit erection of counties, July 19, 1888. 

3963 



3964 Washington— 1853 

occupied as missionary stations among the Indian tribes in said Ter- 
ritory, or that may have been so occupied as missionary stations prior 
to the passage of" the act establishing the Territorial government of 
Oregon, together with the improvements thereon, be, and is hereby, 
confirmed and established to the several religions societies to which 
said missionary stations respectively belong. 

Sec. 2. And he it furtlier enacted^ That the executive power and 
authority in and over said Territory of Washington shall be vested 
in a governor, who shall hold his office for four years, and until his 
successor shall be appointed and qualified, unless sooner removed by 
the President of the United States. The governor shall reside in 
said Territory, shall be the commander-in-chief of the militia thereof, 
shall perform the duties and receive the emoluments of Superintend- 
ent of Indian affairs; he may grant pardons and remit fines and for- 
feitures for offences against the laws of said Territory, and respites 
for offences against the laws of the United States until the decision 
of the President can be made known thereon ; he shall commission all 
officers Avho shall be appointed to office under the laws of the said 
Territory, where, by law, such commission shall be required, and 
shall take care that the laws be faithfully executed. 

Sec. 3. And he it further enacted^ That there shall be a Secretary 
of said Territory, who shall reside therein, and hold his office for 
four years, miless sooner removed by the President of the Unitecl 
States; he shall record and preserve all the laws and proceedings of 
the Legislative Assembly hereinafter constituted, and all the acts and 
proceedings of the Governor in his Executive department; he shall 
transmit one copy of the laws and journals of the Legislative Assem- 
bly within thirty days after the end of each session, and one copy of 
the executive proceedings and official correspondence semi-anmially, 
on the first days of January and July in each year, to the President 
of the United States, and two copies of the laws to the President of 
the Senate and to the Speaker of the House of Representatives, for 
the use of Congress. And in case of the death, removal, resignation, 
or absence of the Governor from the Territory, the Secretary' shall be, 
and he is hereby, authorized and required to execute and perform all 
the powers and duties of the Governor during such vacancy or 
absence, or until another Governor shall be duly appointed and 
qualified to fill such vacancy. 

Sec. 4. And he it further enacted., That the Legislative power and 
authority of said Territory shall be vested in a Legislative Assembly, 
which shall consist of a Council and House of Eepresentatives. The 
Council shall consist of nine members, having the qualification of 
voters, as hereinafter prescribed, whose term of service shall continue 
three years. Immediately after they shall be assembled, in conse- 
quence of their first election, they shall be divided as equally as may 
be into three classes. The seats of the members of Council of the 
first class, shall be vacated at the expiration of the first year, of the 
second class at the expiration of the second year, and of the third 
class at the expiration of the third year, so that one third may be 
chosen every year ; and if vacancies happen, by resignation or other- 
wise, the saine shall be filled at the next ensuing election. The House 
of Representatives shall, at its first session, consist of eighteen mem- 
bers, possessing the same qualifications as prescribed for members of 



Washington— 1853 3965 

the Council, -and whose term of service shall continue one year. The 
number of representatives may be increased by the Legislative Assem- 
bly, from time to time, in proportion to the increase of qualified 
voters: Provided., That the whole number shall never exceed thirty. 
An apj)ortionment shall be made, as nearly equal as practicable, among 
the several counties or districts, for the election of the Council and 
Representatives, giving to each section of the Territory representation 
in the ratio of its qualified voters, as nearly as may be. And the 
members of the Council and of the House of Representatives shall 
reside in, and be inhabitants of, the district or county or counties, for 
which they may be elected, respectively. Previous to the first elec- 
tion, the Governor shall cause a census or enumeration of the inhabit- 
ants and qualified voters of the several counties and districts of the 
Territory to be taken, by such persons, and in such mode, as the 
Governor shall designate and appoint; and the persons so appointed 
shall receive a reasonable compensation therefor. And the first elec- 
tion shall be held at such time and places, and be conducted in such 
manner, both as to the persons who shall superintend such election 
and the returns thereof, as the Governor shall appoint and direct; 
and he shall at the same time declare the number of members of the 
Council and House of Representatives to which each of the counties 
or districts shall be entitled under this act; and the Governor shall, 
by his proclamation, give at least sixty days' previous notice of such 
apportionment, and of the time, places, ancl manner of holding such 
election. The persons having the highest number of legal votes in 
each of said council districts for members of the Council shall be 
declared by the Governor to be duly elected to the Council, and the 
persons having the highest number of legal votes for the House of 
Representatives shall be declared by the Governor to be duly elected 
members of said House: Provided^ That in case two or more persons 
voted for shall have an equal number of votes, and in case a vacancy 
shall otherwise occur in either branch of the Legislative Assembly, 
the Governor shall order a new election ; and the persons thus elected 
to the Legislative Assembly shall meet at such place, and on such 
day, within ninety days after such election, as the (lovernor shall 
appoint. But thereafter the time, place, and manner of holding and 
conducting all elections by the peoj^le, and the apportioning the 
representatives in the several counties or districts to the Council and 
House of Representatives, according to the number of qualified voters, 
shall be prescribed by law, as well as the day of the commencement 
of the regular session of the Legislative Assembly: Provided, That 
no session in any one year shall exceed the term of sixty days, except 
the first session, which shall not exceed one hundred days. 

Sec. 5. And he it further enacted, That every white male inhabit- 
ant above the age of twenty-one years, who shall have been a resi- 
dent of said Territory at the time of the passage of this act, and 
shall possess the qualifications hereinafter prescribed, shall be entitled 
to vote at the first election, and shall be eligible to any office within 
the said Territory; but the qualifications of voters and of holding 
office at all subsequent elections shall be such as shall be prescribed by 
the Legislative Assembly : Provided, That the right of suffrage and 
of holding office shall be exercised only by citizens of the United 
States above the age of twenty-one years, and those above that age 



3966 Washington— 185S 

who shall have declared on oath their intention to become such, and 
shall have taken an oath to support the Constitution of the United 
States and the provisions of this act: And provided further^ That 
no officer, soldier, seaman, mariner, or other person in the army or 
navy of the United States, or attached to troops in the service of the 
United States, shall be allowed to vote in said Territory, by reason 
of being on service therein, unless said Territory is, and has been for 
the period of six months, his permanent domicil: Prodded further^ 
That no person belono-ing to the army or navy of the United States 
shall ever be elected to or hold any civil office or appointment in said 
Territory. 

Sec, 6. And he it farther enacted, That the Legislative power of 
the Territory shall extend to all rightful subjects of legislation not 
inconsistent with the Constitution and laws of the United States. 
But no law shall be passed interfering with the primary disposal of 
the soil ; no tax shall be imposed upon the property of the United 
States; nor shall the lands or other property of non-residents be 
taxed higher than the lands or other property of residents. All the 
laws passed by the Legislative Assembly shall be submitted to the 
Congress of the United States, and, if disapproved, shall be null and 
of no effect : Provided, That nothing in this act shall be construed to 
give ]:)Ower to incorporate a bank or any institution with banking 
powers, or to borrow nu)ney in the name of the Territory, or to pledge 
the faith of the people of the same for any loan whatever, directly or 
indirectly. Xo charter granting any privileges of making, issuing, or 
putting into circulation any notes or bills in the likeness of bank- 
notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or 
granting any other banking powers or privileges, shall be passed by 
the Legislative Assembly; nor shall the establishment of any branch 
or agency of any such corporation, derived from other authority, be 
allowed in said Territory; nor shall said Legislative Assembly 
authorize the issue of any obligation, scrip, or evidence of debt, by 
said Territory, in any mode or manner whatever, except certificates 
for service to said Territory. And all such laws, or any law or laAvs 
inconsistent with the provisions of this act, shall be utterh^ null and 
void. And all taxes shall be equal and uniform ; and no distinctions 
shall be made in the assessments between different kinds of property, 
but the assessments shall be according to the value thereof. To avoid 
improper influences, which may result from intermixing in one and 
the same act such things as have no proper relation to each other, 
everv law shall embrace but one object, and that shall be expressed in 
the title. 

Sec. 7, And he it fvrthcr enacted. That all township, district, and 
county officers not herein otherwise provided for, shall be appointed 
or elected in such manner as shall be provided by the Legislative 
Assembly of the Territory of Washington. 

Sec. 8. And he it further enacted, That no member of the Legis- 
lative Assembly shall hold or be appointed to any office which shall 
have been created, or the salary or emoluments of which shall have 
been increased Avhile he was a member, during the term for which 
he was elected and for one year after the expiration of such term; 
but this restriction shall not be applicable to members of the first 



Washington— 185S 3967 

Legislative Assembly; and no person holding a commission or ap- 
pointment under the United States shall be a member of the Legis- 
lative Assembly, or shall hold any office under the government of said 
Territory. 

Sec. 9. And he it further enacted^ That the judicial power of said 
Territory shall be vested in a supreme court, district courts, probate 
courts, and in justices of the peace. The supreme court shall con- 
sist of a chief justice and two associate justices, any two of whom 
shall constitute a quorimi, and who shall hold a term at the seat of 
government of said Territory annually, and they shall hold their 
offices during the period of four years, and until their successor shall 
be appointed and qualified. The said Territory shall be divided into 
three judicial districts, and a district court shall be held in each of 
said districts by one of the justices of the supreme court, at such 
times and places as may be prescribed by law ; and the said judges 
shall, after their appointments, respectively reside in the districts 
which shall be assigned them. The jurisdiction of the several courts 
herein provided for, both appellate and original, and that of the 
probate courts and of justices of the peace, shall be as limited by 
law: Prooided^ That justices of the peace shall not have jurisdic- 
tion of any case in which the title to land shall in any wise come in 
question, or where the debt or damages claimed shall exceed one 
hundred dollars; and the said supreme and district courts, respec- 
tively shall possess chancery as well as common-law jurisdiction. 
Each district court, or the judge thereof, shall appoint its clerk, who 
shall also be the register in chancery, and shall keep his office at the 
place where the court may be held. Writs of error, bills of excep- 
tion, and appeals, shall be allowed in all cases from the final decisions 
of said district court to the supreme court under such regulations as 
may be prescribed by law; but in no case removed to the supreme 
court shall trial by jury be allowed in said court. The supreme 
court, or the justices thereof, shall ajDpoint its own clerk, and every 
clerk shall hold his office at the pleasure of the court for which he 
shall have been appointed. Writs of error, and appeals, from the 
final decisions of said supreme court, shall be allowed, and may be 
taken to the Supreme Court of the United States, in the same manner 
and under the same regulations as from the circuit court of the 
United States, where the value of the property, or the amount in con- 
troversy, to be ascertained by the oath or affirmation of either party, 
or other competent witness, shall exceed two thousand dollars, and 
in all cases where the constitution of the United States, or acts of 
Congress, or a treaty of the United States, is brought in question; 
and each of the said district courts shall have and exercise the same 
jurisdiction in all cases arising under the constitution of the United 
States and the laws of said Territory, as is vested in the circuit and 
district courts of the United States ; writs of error and appeal in all 
such cases shall be made to the supreme court of said Territory the 
same as in other cases. Writs of error, and appeals from the final 
decisions of said supreme court, shall be allowed and may be taken 
to the supreme court of the United States in the same manner as 
from the circuit courts of the United States, where the value of the 
property, or the amount in controversy, shall exceed two thousand 



3968 Washington— 1853 

dollars, and each of said district courts, shall have and exercise the 
same jurisdiction, in all cases arising under the constitution and 
laws of the United States, as is vested in the circuit and district 
courts of the United States; and also of all cases arising under the 
laws of said Territory, and otherwise. The said clerk shall receive 
in all such cases the same fees which the clerks of the district courts 
of the Territory of Oregon receive for similar services. 

Sec. 10. And he it further enacted, That there shall be aj^pointed 
an attorney for said Territory, who shall continue in office for four 
years and until his successor shall be appointed and qualified, unless 
sooner removed by the President, and who shall receive the same 
fees and salary as is provided by law for the attorney of the United 
States for the Territory of Oregon. There shall also be a marshal 
for the Territory appointed, who shall hold his office for four years 
and until his successor shall be appointed and qualified, unless sooner 
removed by the President, and who shall execute all processes issuing 
from the said courts when exercising their jurisdiction as circuit and 
district courts of the United States; he shall perform the duties, be 
subject to the same regulation and penalties, and be entitled to the 
same fees, as are provided by law for the marshal of the Territory 
of Oregon, and shall, in addition, be paid the sum of two hundred 
dollars annually as a compensation for extra services. 

Sec. 11. And he it further enacted, That the governor, secretary, 
chief justice, and associate justices, attorney, and marshal, shall be 
nominated, and, by and with the advice and consent of tlie Senate, 
appointed by the President of the United States. The governor and 
secretary to be appointed as aforesaid shall, before they act as such, 
respectively take an oath or affirmation before the district judge, or 
some justice of the peace in the limits of said Territory duly author- 
ized to administer oaths and affirmations by the laws in force therein, 
or before the chief justice or some associate justice of the supreme court 
of the United States, to support the constitution of the United States, 
and faithfully to discharge the duties of their respective offices, which 
said oaths, when so taken, shall be certified by the person before whom 
the same shall have been taken ; and such certificates shall be received 
and recorded by the said Secretary among the executive proceedings ; 
and the Chief Justice and Associate Justices, and all other civil 
officers in said Territory, before they act as such, shall take a like 
oath or affirmation before the said Governor or Secretary, or some 
judge or justice of the peace of the Territory who may be duly com- 
missioned and qualified, which said oath or affirmation shall be cer- 
tified and transmitted, by the person taking the same, to the Secretary, 
to be by him recorded as aforesaid; and afterwards, the like oath 
or affirmation shall be taken, certified and recorded in such manner 
and form as may be prescribed by law. The Governor shall receive 
an annual salary of fifteen hundred dollars as Governor, and fifteen 
hundred dollars as Superintendent of Indian affairs. The Chief 
Justice, and Associate Justices, shall each receive an annual salary 
of two thousand dollars. The Secretary shall receive an annual sal- 
ary of fifteen hundred dollars. The said salaries shall be paid quar- 
terly, from the dates of the respective appointments, at the Treasury 
of the United States; but no such payment shall be made until said 
officers shall have entered upon the duties of their respective appoint- 
ments. The members of the legislative assembly shall be entitled to 



Washington— 1853 3969 

receive three dollars each per day during their attendance at the ses- 
sion thereof, and three dollars each for every twenty miles' travel 
in going to and returning from said session, estimated according to 
the nearest usually travelled route. And a chief clerk, one assistant 
clerk, a sergeant-at-arms, and door-keeper, may be chosen for each 
house; and the chief clerk shall receive five dollars per day, and the 
said other officers three dollars per day, during the session of the 
legislative assembly ; but no other officers shall be paid by the United 
States: Provided, That there shall be but one session of the legis- 
lative assembly annually, unless, on an extraordinary occasion, the 
Governor shall deem it expedient and proper to call the legislature 
together. There shall be appropriated, annually, the sum of fifteen 
hundred dollars, to be expended by the Governor, to defray the con- 
tingent expenses of the Territory, including the salarj^ of a clerk 
of the executive department; and there shall also be appropriated, 
annually, a sufficient stim to be expended by the Secretary of the Ter- 
ritory, and upon an estimate to be made by the Secretary of the 
Treasury of the United States, to defray the expenses of the legis- 
lative assembly, the printing of the laws, and other incidental ex- 
penses; and the Governor and Secretary of the Territory shall, in 
the disbursement of all moneys intrusted to them, be governed solely 
by the instructions of the Secretary of the Treasury of the United 
States, and shall, semi-annually, account to the said Secretary for 
the manner in which the aforesaid sums of money shall have been 
expended ; and no expenditure, to be paid out of money appropriated 
by Congress, shall be made by said legislative assembly for objects 
not specially authorized by the acts of Congress making the appro- 
priations, nor beyond the sums thus appropriated for such objects. 

Sec. 12. And he it further enacted, That the law^s now in force in 
said Territory of Washington, by virtue of the legislation of Con- 
gress in reference to the Territory of Oregon, which have been enacted 
and passed subsequent to the first day of September, eighteen hun- 
dred and forty-eight, applicable to the said Territory of Washing- 
ton, together with the legislative enactments of the Territory of 
Oregon, enacted and i)assed prior to the passage of, and not incon- 
sistent with, the provisions of this act, and applicable to the said 
Territory of Washington, be, and they are hereby, continued in force 
in said Territory of Washington until they shall be repealed or 
amended by future legislation. 

Sec. 13. And he it further enacted, That the legislative assembly 
of the Territory of Washington shall hold its first session at such 
time and place in said Territor}^ as the Governor thereof shall appoint 
and direct ; and at said first session, or as soon thereafter as they shall 
deem expedient, the legislative assembly shall proceed to locate and 
establish the seat of government for said Territory, at such place 
as they may deem eligible ; which place, however, shall thereafter be 
subject to be changed by said legislative assembly. And the sum of 
five thousand dollars, out of any money in the Treasury not otherwise 
appropriated, is hereby appropriated and granted to said Territory 
of Washington, to be there applied by the Governor to the erection 
of suitable buildings at the seat of government. 

Sec. 14. And be it further enacted, That a delegate to the House of 
Kepresentatives of the United States, to serve for the term of two 
years, who shall be a citizen of the United States, may be elected by 



3970 Washington— 1853 

the voters qualified to elect members of the legislative assembly, who 
shall be entitled to the same rights and privileges as have been here- 
tofore exercised and enjoyed by the delegates from the several other 
Territories of the United States to the House of Representatives, but 
the delegate first elected shall hold his seat only during the term of 
the Congress to which he shall be elected. The first election shall 
be held at such time, and places, and be conducted in such manner, 
as the Governor shall appoint and direct; of which, and the time, 
place, and manner of holding such elections, he shall give at least 
sixty days notice by proclamation ; and at all subsequent elections 
the time, places, and the manner of holding the election shall be pre- 
scribed by law. The person having the greatest number of votes shall 
be declared by the Governor to be duly elected, and a certificate 
thereof shall be given accordingly. The delegate from the Territory 
shall be entitled to receive the same per diem comiDensation and 
mileage at present allowed the delegate from the Territory of Oregon. 

Sec. 15. And he it further enaeted, That all suits, jjlaints, process, 
and proceedings, civil and criminal, at law and in chancery, and all 
indictments and information, which shall be pending and undeter- 
mined in the courts established within and for said Territory of 
Oregon, by act of Congress, entitled "An act to establish the terri- 
torial government of Oregon," aji])rovod August fourteen, one thou- 
sand eight hundred and forty-eight, within the venue in said cases, 
suits at law, or in chancery, or criminal i^roceedings, shall be included 
within the limits hereinbefore declared and established for the said 
Territory of Washington; then, and in that case, said actions so 
pending in the Supreme or Circuit Courts of the Territory of Oregon 
shall be, by the clerks of said courts, duly certified to the proper 
courts of said Territory of Washington; and thereupon said causes 
shall, in all things concerning the same, be proceeded on, and judg- 
ments, verdicts, decrees, and sentences, rendered thereon, in the same 
manner as if the said Territory' had not been divided. All bonds, 
recognizances, and obligations of ever}^ kind whatsoever, valid, under 
the existing hnvs, within the limits of said Territory of Oregon, shall 
be held valid under this act, and all crimes and misdemeanors against 
the laws now in force within the said limits of the Territory of 
Washington may be prosecuted, tried, and punished in the courts 
established by this act, and all penalties, forfeitures, actions, and 
causes of action, may be recovered and enforced, under this act, 
before the Supreme and Circuit Courts established by this act as 
aforesaid: Pro rid ed. That no right of action whatever shall accrue 
against any person for anv act done in pursuance of any law hereto- 
fore passed b}'^ the legislative assembly of the Territorj'^ of Oregon, 
and which may be declared contrary to the Constitution or laws of 
the United States. 

Sec. 16. And he it further emacted^ That all justices of the peace, 
constables, sheriffs, and other judicial and ministerial officers, who 
shall be in office within the limits of said Territory of Washington 
Avhen this act shall take effect, shall be and they are hereby author- 
ized and required to continue to exercise and perform the duties of 
their respective offices, as officers of said Territory, until they or 
others shall be duly elected or appointed, and qualified, to fill their 
places in the same manner herein directed, or until their offices shall 
be abolished. 



Washington— 1889 3971 

Sec. 17. And he it further enacted, That the sum of five thousand 
dollars be, and the same is hereby, apiDropriated out of any moneys 
in the Treasury not otherwise appropriated, to be expended, by and 
under the direction of the Governor of Washington, in the purchase 
of a library, to be ke2)t at the seat of government for the use of the 
Governor, legislative assembly, Judges of the Supreme Court, sec- 
retary, marshal, and Attorney of said Territory, and such other per- 
sons, and under such regulations, as shall be prescribed by law. 

Sec. 18. And he It furthei' enacted, That until otherwise provided 
for by law^, the Governor of said Territory may define the judicial 
districts of said Territory, and assign the judges who may be ap- 
pointed for said Territory to the several districts, and also appoint 
the time and places for holding courts in the several counties or sub- 
divisions in each of said judicial districts by proclamation, to be 
issued by him ; but the legislative assembly, at their first or any sub- 
sequent session, may organize, alter, or modify such judicial districts, 
and assign the judges, and alter the times and places of holding the 
courts, as to them shall seem expedient and proper. 

Sec. 19. And he it fio'ther enacted, That all officers to be appointed 
by the President, by and with the advice and consent of the Senate, 
for the Territory of Washington, who, by virtue of the provisions 
of any law of Congress now existing, or which may be enacted 
during the present session of Congress, are required to give security 
for moneys that may be intrusted with them for disbursement, shall 
give such security at such time and place, and in such manner, as 
the Secretary of the Treasury may prescribe. 

Sec. 20. And he it further enacted, That when the lands in said 
Territory shall be surveyed under the direction of the Government 
of the United States, preparatory to bringing the same into market 
or otherwise disposing thereof, sections numbered sixteen and thirty- 
six in each township in said Territory shall be, and the same are 
hereby, reserved for the purpose of being applied to common schools 
in said Territory. And in all cases where said sections sixteen and 
thirty-six, or either or any of them, shall be occupied by actual set- 
tlers prior to survey thereof, the County Commissioners of the 
counties in which said sections so occupied as aforesaid are situated, 
be, and they are hereby, authorized to locate other lands to an equal 
amount in sections, or fractional sections, as the case may be, within 
respective counties, in lieu of said sections so occupied as aforesaid. 

Sec. 21. And he it further enacted. That the Territory of Oregon 
and the Territory of Washington shall have concurrent jurisdiction 
over all ofi'ences committed on the Columbia River, where said river 
forms a common boundary between said Territories. 

Approved, March 2, 1853. 



PEOCLAMATION ANNOUNCING ADMISSION OF WASHINGTON— 

1889 

By the President of the United States of America 
A PROCLAMATION 

\'\'liereas the Congress of the United States did by an act approved 
on the twenty-second day of February one thousand eight hundred 



3972 Washington— 1889 

and eighty-nine, provide that the inhabitants of the Territory of 
Washington might, upon the conditions prescribed in said act, become 
the State of Washington ; 

And whereas it was provided by said act that delegates elected as 
therein provided, to a Constitutional convention in the Territory of 
Washington, should meet at the seat of government of said Terri- 
tory ; and that, after they had met and organized thev should declare 
on behalf of the people of Washington' that they adopt the Constitu- 
tion of the United States; whereupon the said convention should be 
authorized to form a State Government for the proposed State of 
Washington ; 

And whereas it was provided by said act that the Constitution so 
adopted should be republican in form and make no distinction in 
civil or political rights on account of race or color, except as to In- 
dians not taxed, and not be repugnant to the Constitution of the 
United States and the principles of the Declaration of Independence ; 
and that the Convention should by an ordinance irrevocable without 
the consent of the United States and the people of said State make 
certain provisions prescribed in said act; 

And whereas it was provided by said act that the Constitution 
thus formed for the ])eople of Washington should, by an ordinary 
of the Convention forming the same, be submitted to the people of 
Washington at an ek'ction to be held therein on the first Tuesday in 
October, eighteen hundred and eighty-nine, for ratihcation or rejec- 
tion by the qualified voters of said proposed State; and that the 
returns of said election should be made to the Secretary of said Ter- 
ritory, who, with the Governor and Chief justice thereof, or any 
two of them, should canvass the same; and if a majority of the legal 
votes cast should be for the Constitution, the Governor should certify 
the result to the President of the United States, together Avith a 
statement of the votes cast thereon, and upon separate articles or 
propostions and a copy of said Constitution, articles, propositions 
and ordinances; 

Arid whereas it has been certified to me by the Governor of said Ter- 
ritory that within the time prescribed by said act of Congress a Con- 
stitution for the proposed State of Washington has been adopted and 
that the same, has been ratified by a majority of the qualified voters 
of said proposed State in accordance with the conditions prescribed in 
said act ; 

And whereas it is also certified to me by the said Governor that at 
the same time the body of said Constitution Avas submitted to a vote 
of the ])eople two separate articles entitled " Woman Suft'rage " and 
" Prohibition " were likewise submitted, which said separate articles 
did not receive a majority of the votes cast thereon or upon the Con- 
stitution and were rejected ; also that at the same election the question 
of the location of a permanent seat of government was so submitted 
and that no place receive a majority of all the votes cast upon said 
question ; 

And Avhereas a duly authenticated copy of said Constitution and 
articles, as required by said act, has been received by me ; 

Now, therefore, I, Benjamin Harrison, President of the United 
States of America, do, in accordance Avith the provisions of the act of 
Congress aforesaid, declare and proclaim the fact that the conditions 



Washington— 1889 3973 

imposed bjrCongress on the State of Washington to entitle that State 
to admission to the Union have been ratified and accepted and that 
the admission of the said State into the Union is now complete. 

In testimony whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington this eleventh (11th) day of Novem- 
ber, in the year of our Lord one thousand eight hundred 
[seal.] and eighty-nine, and of the Independence of the United 
States of America the one hundred and fourteenth. 

Ben J. Harrison. 
By the President : 

James G. Blaine, 

/Secretary of State. 



CONSTITUTION OF THE STATE OF WASHINGTON— 1889.* -^ 

PREAMBLE 

We, the people of the State of Washington, grateful to the Supreme 
Ruler of the Universe for our liberties, do ordain this constitution. 

Article I 

DECLARATION OF RIGHTS 

Section 1. All political power is inherent in the people, and gov- 
ernments derive their just powers from the consent of the governed, 
and are established to protect and maintain individual rights. 

Sec. 2. The Constitution of the United States is the supreme law 
of the land. 

Sec. 3. No person shall be deprived of life, liberty or property 
Avithout due process of law. 

Sec. 4. The right of petition, and of the people peaceably to assem- 
ble for the common good, shall never be abridged. 

Sec. 5. Every person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that right. 

Sec. 6. The mode of administering an oath, or affirmation, shall be 
such as may be most consistent with and binding upon the conscience 
of the person to Avhom such oath, or affirmation, may be administered. 

Sec. 7. No person shall be disturbed in his private aft'airs, or his 
home invaded, without authority of law. 

Sec. 8. No law granting irrevocably any privilege, franchise or 
immunity shall be passed by the legislature. 

* Verified from " State of Wasliinston. Enabling Act and State Constitution 
witli side notes and index. Publislied by authority of the Superintendent of 
Public Instruction. Olympia, Washington. Blanlienship-Satterlee Company 
1905." 88 pp. 

See also Ballinger's Annotated Codes and Statutes of Washington. Vol. II. 
pp. 2067-21.31. 

o This constitution was formed by a convention which assembled at Olympia, 
July 4th. 1889, and adjourned August 22nd, 1889. Adopted Oct. 1, 1889. For the 
constitution 40,152; against 11,879. 

7535— VOL 7—09 13 



3974 Washington— 1889 

Sec. 9. Xo person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 

Sec. 10. Justice in all cases shall be administered openly, and with- 
out unnecessary delay. 

Sec. 11. Absolute freedom of conscience in all matters of religious 
sentiment, belief, and worship, shall be guaranteed to every individ- 
ual, and no one shall be molested or disturbed in person or property 
on account of religion, but the liberty of conscience hereby secured 
shall not be so construed as to excuse acts of licentiousness, or justify 
practices inconsistent with the peace and safety of the state. No 
public money or property shall be approj^riated for or applied to any 
religious worship, exercise or instruction, or the support of any 
religious establishment. No religious qualification shall be required 
for any public office or employment, nor shall any person be incompe- 
tent as a witness or juror in consequence of his opinion on matters 
of religion, nor be questioned in any court of justice touching his 
religious belief to affect the weight of his testimony. 

Sec. 12. Xo law shall l)e passed gi^anting to any citizen, class of 
citizens, or corj)oration other than nnniicipal, privileges or immuni- 
ties which upon the same terms shall not equally belong to all citizens 
or corporations. 

Sec. 13. The privilege of the writ of habeas corpus shall not be 
suspended unless in case of rebellion or invasion the public safety 
requires it. 

Sec. 14. Excessive bail shall not be required, excessive fines imposed, 
nor cruel punishment inflicted. 

Sec. 15. Xo conviction shall work corruption of blood, nor for- 
feiture of estate. 

Sec. K). Private property shall not be taken for private use, except 
for private ways of necessity, and for drains, flumes or ditches on or 
across the lands of others for agricultural, domestic or sanitary pur- 
poses. Xo private })roperty shall be taken or damaged for public 
or private use Avithout just compensation having been first made, or 
paid into court for the owner, and no right-of-way shall be appro- 
priated to the use of any corporation other than municipal, until full 
compensation therefor he first made in money, or ascertained and paid 
into the court for the owner, irrespective of any l)enefit from any 
improvement })roposed by such corporation, which compensation shall 
be ascertained by a jury, unless a jury be waived as in other civil 
cases in courts of record, in the manner prescribed by law. AVhen- 
ever an attempt is made to take private property for a use alleged to 
be public, the question whether the contemplated use be really public 
shall be a judicial question, and determined as such Avifhout regard 
to any legislative assertion that the use is public. 

Sec. 17. There shall be no imprisonment for debt, except in cases 
of absconding debtors. 

Sec. 18. The military shall be in strict subordination to the civil 
power. 

Sec. 19. All elections shall be free and equal, and no power, civil 
or military, shall at any time interfere to prevent the tree exercise 
of the right of suffrage. 



Washington— 1889 3975 

Sec. 20. All persons charged with crime shall be bailable by suf- 
ficient sureties, except for capital offenses, when the proof is evident, 
or the presumption great. 

Sec. 21. The right of trial by jury shall remain inviolate, but the 
legislature may provide for a jury of any number less than twelve 
in courts not of record, and for a verdict by nine or more jurors in 
civil cases in any court of record, and for waiving of the jury in civil 
cases where the consent of the parties interested is given thereto. 

Sec. 22. In criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel, to demand the nature 
and cause of the accusation against him, to have a co])y thereof, to 
testify in his OAvn behalf, to meet the witnesses against him face to 
face, to have compulsory process to compel the attendance of wit- 
nesses in his own behalf, to have a speedy public trial by an impartial 
jury of the county in which the offense is alleged to have been com- 
mitted, and the right to appeal in all cases; and in no instance shall 
any accused person before final judgment be compelled to advance 
money or fees to secure the rights herein guaranteed. 

Sec. 23. No bill of attainder, e,r post facto law, or law impairing the 
obligations of contracts shall ever be passed. 

Sec. 24. The right of the individual citizen to bear arms in defense 
of himself or the state shall not be impaired, but nothing in this 
section shall be construed as authorizing individuals or corporations 
to organize, maintain or employ an armed body of men. 

Sec. 25. Offenses heretofore required to be prosecuted by indict- 
ment may be prosecuted by information or by indictment, as shall 
be prescribed by law. 

Sec. 26. No grand jury shall be drawn or summoned in any county, 
except the superior judge thereof shall so order. 

Sec. 27. Treason against the state shall consist only in levying war 
against the state, or adhering to its enemies, or in giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or confession in 
open court. 

Sec. 28. No hereditary emoluments, privileges or powers shall be 
granted or conferred in this state. 

Sec. 29. The provisions of this constitution are mandatory, unless 
by express Avords they are declared to be otherwise. 

Sec. 30. The enumeration in this constitution of certain rights 
shall not be construed to deny others- retained by the people. 

Sec. 31. No standing army shall be kept up by this state in time of 
peace, and no soldiers shall in time of peace be quartered in any house 
without the consent of its owner, nor in time of war except in the 
manner prescribed by law. 

Sec. 32. A frequent recuri'ence to fundamental principles is es- 
sential to the security of individual right and the perpetuity of free 
government. 

Article TI 
legislatiae department 

Section 1. The legislative powers shall be vested in a senate and 
house of representatives, which shall be called the legislature of the 
State of Washington. 



3976- Washington— 1889 

Sec. 2. The house of Tepresentatives shall be composed of not less 
than sixty-three nor more than ninety-nine members. The nnmber 
of senators shall not be more than one-half nor less than one-third 
of the number of members of the house of representatives. The first 
legislature shall be composed of seventy members of the house of 
representatiA^es and thirty-five senators. 

Sec. 3. The legislature shall provide by law for an enumeration of 
the inhabitants of the state in the year one thousand eight hundred 
and ninety-five, and every ten years thereafter; and at the first ses- 
sion after such enumeration, and also after each enumeration made by 
the authority of the United States, the legislature shall apportion 
and district anew the members of the senate and house of representa- 
tives, according to the number of inhabitants, excluding Indians not 
taxed, soldiers, sailors and officers of the United States army and navy 
in active service. 

Sec. 4. jSIembers of the house of representatives shall be elected in 
the year eighteen hundred and eighty-nine, at the time and in the 
manner provided by this constitution, and shall hold their offices for 
the term of one year and until their successors shall be elected. 

Sec. 5. The next election of the members of the house of representa- 
tives after the adoption of this constitution shall be on the first 
Tuesday after the first Monday of November, eighteen hundred and 
ninety, and thereafter, members of the house of representatives shall 
be elected biennially, and their term of office shall be two years ; and 
each election shall "be on the first Tuesday after the first Monday in. 
November, unless otherwise changed by law. 

Sec. 6. After the first election the senators shall be elected by single 
districts of convenient and contiguous territorj^ at the same time and 
in the same manner as members of the house of representatives are 
required to be elected, and no representative district shall be divided 
in the formation of a senatorial district. They shall be elected for 
the term of four years, one-half of their number retiring every two 
years. The senatorial districts shall be numbered consecutively, and 
the senators chosen at the first election had by virtue of this constitu- 
tion, in odd numbered districts, shall go out of office at the end of the 
first year, and the senators elected in the even numbered districts shall 
go out of office at the end of the third year. 

Sec. 7. No person shall be eligible to the legislature who shall not 
be a citizen of the United States and a qualified voter in the district 
for which he is chosen. 

Sec. 8. Each liouse shall be the judge of the election, returns and 
qualifications of its own members, and a majority of each house shall 
constitute a quorum to do business, but a smaller number may adjourn 
from day to day and may compel the attendance of absent members in 
such manner and under such penalties as each house may provide. 

Sec. 9. Each house may determine the rules of its own proceedings, 
punish for contempt and disorderly behavior, and, with the concur- 
rence of two-thirds of all the members elected, expell a member, but 
no member shall be expelled a second time for the same offense. 

Sec. 10. Each house shall elect its own officers, and when the lieu- 
tenant governor shall not attend as president, or shall act as governor, 
the senate shall choose a temporary president. When presiding, the 
lieutenant governor shall have the deciding vote in case of an equal 
division of the senate. 



Washington— 1889 3977 

Sec. 11. -Each house shall keep a journal of its proceedings and 
publish the same, except such parts as require secrecy. The doors of 
each house shall be kept open, except when the public welfare shall 
require secrecy. Neither house shall adjourn for more than three 
days, nor to any jjlace other than that in wiiich they may be sitting, 
without the consent of the other. 

Sec. 12. The first legislature shall meet on the first Wednesday 
after the first Monday in November, A. D. 1889. The second legis- 
lature shall meet on the first Wednesday after the first Monday in 
January, A. D. 1891, and sessions of the legislature will be held bien- 
nially thereafter, unless specially conv.ened by the governor, but the 
times of meeting of subsequent sessions may be changed by the legis- 
lature. After the first legislature the sessions shall not be more than 
sixty days. 

Sec. 13. No member of the legislature, during the term for which 
he is elected, shall be appointed or elected to any civil ofKce in the 
state, which shall have been created, or the emoluments of which 
shall have been increased, during the term for which he was elected. 

Sec. 14. No person, being a member of congress, or holding any 
civil or military office under the United States or any other power, 
shall be eligible to be a member of the legislature ; and if any person 
after his election as a member of the legislature shall be elected to 
congress or be appointed to any other office, civil or military, under 
the government of the United States, or any other power, his accept- 
ance thereof shall vacate his seat: Prorided, That officers in the 
militia of the state who receive no annual salary, local officers and 
postmasters, whose compensation does not exceed three hundred 
dollars per annum, shall not be ineligible. 

Sec. 15. The governor shall issue writs of election to fill such va- 
cancies as may occur in either house of the legislature. 

Sec. 16. Members of the legislature shall be privileged from arrest 
in all cases except treason, felony and breach of the peace ; they shall 
not be subject to any civil process during the session of the legislature, 
nor for fifteen days next l)efore the commencement of each session. 

Sec. 17. No member of the legislature shall be liable in any civil 
action or criminal prosecution whatever for words spoken in debate. 

Sec. 18. The style of the laws of the state shall be : " Be it enacted 
by the legislature of the State of Washington." And no law^ shall be 
enacted except by bill. 

Sec. 19. No bill shall embrace more than one subject, and that shall 
be expressed in the title. 

Sec. 20. Any bill may originate in either house of the legislature, 
and a bill passed by one house may be amended in the other. 

Sec. 21. The yeas and nays of the members of either house shall be 
entered on the journal on the demand of one-sixth of the members 
present. 

Sec. 22. No bill shall become a law unless on its final passage the 
vote be taken by yeas and nays, the names of the members voting for 
and against the same be entered on the journal of each house, and a 
majority of the members elected to each house be recorded thereon as 
voting in its favor. 

Sec. 23. Each member of the legislature shall receive for his serv- 
ices five dollars for each day's attendance during the session, and ten 



3978 . Washington— 1889 

cents for every mile he shall travel in going to and returning from 
the place of meeting of the legislature, on the most usual route. 

Sec. 24. The legislature shall never authorize any lottery or grant 
any divorce. 

Sec. 25. The legislature shall never grant any extra compensation 
to any public officer, agent, servant or contractor after the services 
shall have been rendered or the contract entered into, nor shall the 
compensation of any public officer be increased or diminished during 
his term of office. 

Sec. 26. The legislature shall direct by law in what manner and in 
what courts suits may be brought against the state. 

Sec. 27. In all elections by the legislature the members shall vote 
viva voce, and their votes shall be entered on the journal. 

SPECIAL LEGISLATION 

Sec. 28. The legislature is prohibited from enacting any private or 
special law in tlu' following cases : 

1. For changing the names of persons, or constituting one person 
the heir at law of another. 

2. For laying out, opening or altering highways, except in cases of 
state roads extending into more than one county, and military roads 
to aid in the construction of which lands shall liavc been or may be 
granted by congress. 

3. For authorizing i)ersons to keei) ferries wholly within this state. 

4. For authorizing the sale or mortgage of real or personal prop- 
erty of minors, or others under disability. 

5. For assessment or collection of taxes, or for extending the time 
for collection thereof. 

6. For granting corporate powers or privileges. 

7. P^or authorizing the apportionment of any part of the school 
fund. 

8. For incorporating any town or village, or to amend the charter 
thereof. 

9. [From] giving ert'ect to invalid deeds, wills or other instruments. 

10. Releasing or extinguishing, in whole or in part, the indebted- 
ness, liability or other obligation of any person or corporation to this 
state, or to any municipal corporation therein. 

11. Declaring any person of age, or authorizing any minor to sell, 
lease or encumber his or her property. 

12. Legalizing, except as against the state, the unauthorized or 
invalid act of any officer. 

13. Regulating the rates of interest on money. 

14. Remitting fines, penalties or forfeitures. 

15. Providing for the management of common schools. 

16. Authorizing the adoption of children. 

17. For limitation of civil or criminal action. 

18. Changing county lines, locating or changing county seats: 
Provided, This shall not be construed to apply to the creation of new 
counties. 

Sec. 29. After the first day of January, eighteen hundred and 
ninety, the labor of convicts of this state shall not be let out by con- 
tract to any person, copartnership, company or corporation, and the 



Washington— 1889 3979 

legislature shall by law provide for the working of convicts for the 
benefit of the state. 

Sec. 30. The offense of corrupt solicitation of memberh of the legis- 
lature, or of public officers of the state or any municipal division 
thereof, and any occupation or practice of solicitation of such mem- 
bers or officers to influence their official action, shall be defined by 
law, and shall be punished by fine and imprisoimient. Any person 
may be compelled to testify in any lawful investigation or judicial 
proceeding against any person who may be charged witli having 
committed the offense of bribery or corrupt solicitation, or practice 
of solicitation, and shall not be permitted to withhold his testimony 
on the ground that it may criminate himself or subject him to public 
infamy, but such testimony shall not afterwards be used against him 
in any judicial proceeding — except for perjury in giving such testi- 
mony — and any person convicted of either of the offenses aforesaid, 
shall, as part of the piuiishment therefor, be disqualified from ever 
holding any position of honor, trust or profit in this state. A mem- 
ber who has a private interest in any bill or measure proposed or 
pending before the legislature shall disclose the fact to the house of 
which he is a member, and shall not vote thereon. 

Sec. 31. No law, except appropriation bills, shall take effect until 
ninety days after the adjournment of the session at which it was 
enacted, unless in case of an emergency (Avhich emergency must be 
expressed in the preamble or in the body of the act) the legislature 
shall otherwise direct by a vote of two-thirds of all the members 
elected to each house; said vote to be taken by yeas and nays and 
entered on the journals. 

Sec. 32. No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two houses in open ses- 
sion, and under such rules as the legislature shall prescribe. 

Sec. 33. The ownership of lands by aliens, other than those who in 
good faith have declared their intention to become citizens of the 
United States, is prohibited in this state, except where acquired hj 
inheritance, under mortgage or in good faith in the ordinary course 
of justice in the collection of debts; and all conveyances of lands 
hereafter made to any alien directly, or in trust for such alien, shall 
be void : Prorkled, That the provisions of this section shall not apply 
to lands containing valuable deposits of minerals, metals, iron, coal or 
fire clay, and the necessary land for mills and machinery to be used 
in the development thereof and the manufacture of the products 
therefrom. Every corporation, the majority of the capital stock of 
which is ow^ned by aliens, shall be considered an alien for the pur- 
poses of this prohibition. 

Sec. 34. There shall be established in the office of the secretary of 
state, a bureau of statistics, agriculture and immigration, under such 
regulations as the legislature may provide. 

Sec, 35. The legislature shall pass necessary laws for the protection 
of persons working in mines, factories and other employments dan- 
gerous to life and deleterious to health ; and fix pains and penalties 
for the enforcement of same. 

Sec. 36. No bill shall be considered in either house unless the time 
of its introduction shall have been at least ten days before the final 
adjournment of the legislature, unless the legislature shall othei-wise 



3980 Washington— i 889 

direct by a vote of two-thirds of all the members elected to each 
house, said vote to be taken by yeas and nays and entered upon the 
journal, or unless the same be at a special session. 

Sec. 37. No act shall ever be revised or amended by mere reference 
to its title, but the act revised or the section amended shall be set 
forth at full length. 

Sec. 38. No amendment to any bill shall be allowed which shall 
change the scope and object of the bill. 

Sec. 39. It shall not be lawful for any person holding public office 
in this state to accept or use a pass or to purchase transportation from 
any railroad or other corporation, other than as the same may be pur- 
chased by the general public, and the legislature shall pass laws to 
enforce this provision. 

Article III 

THE EXECUTIVE 

Section 1. The executive department shall consist of a governor, 
lieutenant governor, secretary of state, treasurer, auditor, attorney 
general, superintendent of public instruction, and a commissioner of 
public lands, who shall be severally chosen by the qualified electors 
of the state at the same time and place of voting as for the members 
of the legislature. 

Sec. 2. The supreme executive power of this state shall be vested in 
a governor, who sliall hold his office for a term of four years, and 
until his successor is elected and qualified. 

Sec. 3. The lieutenant governor, secretary of state, treasurer, audi- 
tor, attorney general, superintendent of public instruction and com- 
missioner of public lands, shall hold their offices for four years, re- 
spectively, and mitil their successors are elected and qualified. 

Sec. 4. The returns of every election for the officers named in the 
first section of this article shall be sealed up and transmitted to the 
seat of government by the returning officers, directed to the secretary 
of state, Avho shall deliver the same to the speaker of the house of rep- 
resentatives at the first meeting of the house thereafter, who shall 
open, publish and declare the result thereof in the presence of a 
majority of the members of both houses. The person having the 
highest number of votes shall be declared duly elected, and a certifi- 
cate thereof shall be given to such person, signed by the presiding 
officers <of both houses ; but if any two or more shall be highest and 
equal in votes for the same office, one of them shall be chosen by the 
joint vote of both houses. Contested elections for such officers shall 
be decided by the legislature in such manner as shall be decided by 
law. The terms of all officers named in section one of this article 
shall commence on the second Monday in January after their elec- 
tion, until otherwise provided by law. 

Sec. 5. The governor may require information in writing from the 
officers of the state upon any subject relating to the duties of their 
respective offices, and shall see that the laws are faithfully executed. 

Sec. 6. He shall communicate at every session by message to the 
legislature the condition of the affairs of the state, and recommend 
such measures as he shall deem expedient for their action. 



Washington— 1889 3981 

Sec. 7. He may, on extraordinary occasioii.s, convene the legislature 
by proclamation, in which shall be stated the purposes for which the 
legislature is convened. 

Sec. 8. He shall be commander-in-chief of the military in the 
state except when they shall be called into the service of the United 
States. 

Sec. 9. The pardoning jDower shall be vested in the governor uiider 
such regulations and restrictions as may be prescribed by law. 

Sec. 10. In case of the removal, resignation, death or disability of 
the governor, the duties of the office shall devolve upon the lieutenant 
governor, and in case of a vacancy in both the offices of governor and 
lieutenant governor, the duties of governor shall devolve upon the 
secretary of state, who shall act as governor until the disabilitj'^ be 
removed or a governor be elected. 

Sec. 11. The governor shall have power to remit fines and for- 
feitures, under such regulations as may be prescribed by law, and 
shall report to the legislature at its next meeting each case of reprieve, 
commutation, or pardon granted, and the reasons for granting the 
same, and also the names of all persons in whose favor remission of 
fines and forfeitures shall have been made, and the several amounts 
remitted and the reasons for the remission. . 

Sec. 12. Every act which shall have passed the legislature shall be, 
before it becomes a law, jDresented to the governor. If he approves, 
he shall sign it; but if not, he shall return it, with his objections, to 
that house in which it shall have originated, which house shall enter 
the objections at large upon the journal and proceed to reconsider. 
If, after such reconsideration, two-thirds of the members present 
shall agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of the members present, it shall become 
a law; but in all such cases the vote of both houses shall be deter- 
mined by the yeas and nays, and the names of the members voting 
for or against the bill shall be entered upon the journal of each house 
respectively. If any bill shall not be returned by the governor within 
five days, Sunday excepted, after it shall be presented to him, it shall 
become a law without his signature, unless the general adjournment 
shall prevent its return, in which case it shall become a law unless 
the governor, within ten days next after the adjournment, Sundays 
excepted, shall file such bill, with his objections thereto, in the office 
of secretary of state, who shall lay the same before the legislature at 
its next session in like manner as if it had been returned by the gov- 
ernor. If any bill presented to the governor contain several sections 
or items, he may object to one or more sections or items while ap- 
proving other portions of the bill. In such case he shall append to 
the bill, at the time of signing it, a statement of the section or sections, 
item or items to which he objects, and the reasons therefor, and the 
section or sections, item or items so objected to shall not take effect 
unless passed over the governor's objection, as hereinbefore provided. 

Sec. 13. WTien, during a recess of the legislature, a vacancy shall 
happen in any office, the appointment to which is vested in the legis- 
lature, or when at any time a vacancy shall have occurred in any 
other state office, for the filling of which vacancy no provision is 



3982 Washington— 1889 

made elsewhere in this constitution, the governor shall fill such va- 
cancy by appointment, which shall expire when a successor shall 
have been elected and qualified. 

Sec. 14. The governor shall receive an annual salary of four thou- 
sand dollars, which may be increased by law, but shall never exceed 
six thousand dollars per annum. 

Sec. 15. All commissions shall issue in the name of the state, shall 
be signed by the governor, sealed with the seal of the state, and 
attested by the secretary of state. 

Sec. IC. The lieutenant govei'nor shall be j^residing officer of the 
state senate, and shall discharge such other duties as may be pre- 
scribed by laAv. He shall receive an annual salary of one thousand 
dollars, which may be increased by the legislature, but shall never 
exceed three thousand dollars per annum. 

Sec. 17. The secretary of state shall keep a record of the official 
acts of the legislature and executive department of the state, and 
shall, when required, lay the same and all matters relative thereto, 
before either branch of the legislature, and shall perform such other 
duties as shall be assigned him by law. He shall receive an annual 
salary of twenty-five hundred dollars, Avhich may be increased by the 
legislature, but shall never exceed three thousand dollars per annum. 

Sec. 18, There shall be a seal of the state kept by the secretary 
of state for official purposes, Avhich shall be called '' The Seal of the 
State of Washington." 

Sec. 1!). The treasurer shall jjerform such duties as shall be pre- 
scribed by law. He shall recei^•e an annual salary of two thousand 
dollars, which may be increased by the legislature, but shall never 
exceed four thousand dollars per annum. 

Sec. 20. The auditor shall be auditor of public accounts, and shall 
have such poAvers and perfoiun such duties in connection therewith 
as may be prescribed by law. He shall receive an annual salary of 
two thousand dollars, which may be increased by the legislature, but 
shall never exceed three thousand dollars per annum. 

Sec. 21. The attorney general shall be the legal adviser of the state 
officers, and shall perform such other duties as may be prescribed by 
law. He shall receive an annual salary of two thousand dollars, 
which may be increased by the legislature, but shall never exceed 
thirty-five hundred dollars per annum. 

Sec. 22. The superintendent of public instruction shall have super- 
vision over all matters pertaining to public schools, and shall per- 
form such specific duties as may be prescribed by laAv. He shall 
receive an annual salary of twenty-five hundred dollars, which may 
be increased by law, but shall never exceed four thousand dollars per 
annum. 

Sec. 23. The commissioner of public lands shall perform such 
duties and receive such compensation as the legislature may direct. 

Sec. 24. The governor, secretary of state, treasurer, auditor, super- 
intendent of public instruction, commissioner of public lands and 
attorney general shall severally keep the jjublic records, books and 
papers relating to their respective offices, at the seat of government, 
at which place also the governor, secretary of state, treasurer and 
auditor shall reside. 



Washington— 1889 3983 

Sec. 25. No person, except a citizen of the United States and a 
qualified elector of this state, shall be eligible to hold any state office, 
and the state treasurer shall be ineligible for the term succeeding 
that for which he was elected. The compensation for state officers 
shall not be increased or diminished during the term for which they 
shall have been elected. The legislature may, in its discretion, abolish 
the offices of the lieutenant governor, auditor, and commissioner of 
public lands. 

Article IV 

THE JUDICIARY 

Section 1. The judicial jDOwer of the state shall be vested in a 
sui^reme court, superior courts, justices of the peace, and such inferior 
courts as the legislature may provide. 

Sec. 2. The supreme court shall consist of five judges, a majority 
of whom shall be necessary to form a quorum and pronounce a deci- 
sion. The said court shall always be open for the transaction of 
business except on non-judicial days. In the determination of causes, 
all decisions of the court shall be given in writing, and the grounds 
of the decision shall be stated. The legislature may increase the 
number of judges of the supreme court from time to time, and may 
provide for sej)arate departments of said court. 

Sec. 8. The judges of the supreme court shall be elected by the 
qualified electors of the state at large, at the general state election, 
at the times and places at which state officers are elected, miless some 
other time be provided by the legislature. The first election of judges 
of the supreme court shall be at the election which shall be held upon 
the adoption of this constitution, and the judges elected thereat shall 
be classified, by lot, so that two shall hold their office for the term 
of three years, two for a term of five years, and one for the term of 
seven years. The lot shall be drawn by the judges, who shall for 
that purpose assemble at the seat of government, and they shall cause 
the result thereof to be certified to the secretary of state, and filed in 
his office. The judge having the shortest term to serve, not holding 
his office by appointment or election to fill a vacancy, shall be the 
chief justice, and shall preside at all sessions of the supreme court, 
and in case there shall be two judges having in like manner the same 
short term, the other judges of the supreme court shall determine 
which of them shall be chief justice. In case of the absence of the 
chief justice, the judge having in like manner the shortest or next 
shortest term to serve shall preside. After the first election the 
terms of judges elected shall be six years from and after the second 
Monday in January next succeeding their election. If a vacancy oc- 
cur in the office of a judge of the supreme court, the governor shall 
appoint a person to hold the office until the election and qualification 
of a judge to fill the vacancy, which election shall take place at the 
next succeeding general election, and the judge so elected shall hold 
the office for the remainder of the unexpired term. The term of 
office of the judges of the supreme court, first elected, shall commence 
as soon as the state shall have been admitted into the Union, and 
continue for the term herein provided, and until their successors are 



8984 Washington— 1880 

elected and qualified. The sessions of the supreme court shall be 
held at the seat of government until otherAvise provided by laAV. 

Sec. 4. The supreme court shall have original jurisdiction in habeas 
corpus, and quo warranto and mandamus as to all state officers, and 
appellate jurisdiction in all actions and proceedings, excepting that 
its appellate jurisdiction shall not extend to civil actions at law for 
the recovery of money or personal property when the original amount 
in controversy, or the value of the property, does not exceed the sum 
of two hundred dollars ($200) , unless the action involves the legality 
of a tax, impost, assessment, toll, municipal fine, or the validity of a 
statute. The supreme court shall also have power to issue writs of 
mandamus, review, prohibition, habeas corpus, certiorari and all 
other writs necessary and proper to the complete exercise of its appel- 
late and revisory jurisdiction. Each of the judges shall have power 
to issue writs of habeas corpus to any part of the state upon petition 
by or on behalf of any person held in actual custody, and may make 
such writs returnable before himself, or before the supreme court, 
or before an}?^ superior court of the state, or any judge thereof. 

Sec. 5. There shall be in each of the organized counties of this state 
a superior court for Avhich at least one judge shall be elected by the 
qualified electors of the county at the general state election: Pro- 
rideih That imtil otherwise directed by the legislature one judge only 
shall be elected for the counties of Spokane and Stevens; one judge 
for the county of AMiitman; one judge for the counties of Lincoln, 
Okanogan, Douglas and Adams; one judge for the counties of Walla 
AYalla and Franklin; one judge for the counties of Columbia, Gar- 
field and Asotin ; one judge for the counties of Kittitas, Yakima and 
Klickitat; one judge for the counties of Clark, Skamania, Pacific, 
Cowlitz and Wahkiakum; one judge for the counties of Thurston, 
Chehalis, Mason and Lewis; one judge for the county of Pierce; one 
judge for the county of King; one judge for the counties of Jefferson, 
Island, Kitsap, San Juan and Clallam; and one judge for the coun- 
ties of Whatcom, Skagit and Snohomish. In any county where there 
shall be more than one superior judge, there may be as many sessions 
of the suj^erior court at the same time as there are judges thereof, and 
whenever the governor shall direct a superior judge to hold court in 
any county other than that for which he has been elected, there may 
be as many sessions of the superior court in said county at the same 
time as there are judges therein, or assigned to duty therein by the 
governor, and the business of the court shall be so distrilmted and 
assigned by law, or, in the absence of legislation therefor, by such 
rules and orders of court, as shall best promote and secure the con- 
venient and expeditious transaction thereof. The judgments, decrees, 
orders and proceedings of any session of the superior court held by 
any one or more of the judges of such court shall be equally effectual 
as if all the judges of said court presided at such session. The first 
superior judges elected under this constitution shall hold their offices 
for the period of three years, and until their successors shall be elected 
and qualified, and thereafter the term of office of all superior judges 
in this state shall be for four years from the second Monday in Janu- 
ary next succeeding their election, and until their successors are 
elected and qualified. The first election of judges of the superior 
court shall be at the election held for the adoption of this constitution. 
If a vacancy occurs in the office of judge of the superior court, the 



Washmgton~1889 3985 

governor shall appoint a person to hold the office until the election 
and qualification of a jndge to fill the vacancy, which election shall 
be at the next succeeding general election, and the judge so elected 
shall hold office for the remainder of the unexpired term. 

Sec. 6. The superior court shall have original jurisdiction in all 
cases in equity, and in all cases at law which involve the title or pos- 
session of real proj^erty, or the legality of any tax, impost, assessment, 
toll or municipal fine, and in all other cases in which the demand, or 
the value of the property in controversy amounts to one hundred dol- 
lars, and in all criminal cases amounting to felony, and in all cases 
of misdemeanor not otherwise provided for by law ; of actions of 
forcible entry and detainer ; of proceedings in insolvency ; of actions 
to prevent or abate a nuisance; of all matters of probate, of divorce, 
and for annulment of marriage; and for such special cases and pro- 
ceedings as are not otherwise provided for. The superior court shall 
also have original jurisdiction in all cases and of all proceedings in 
which jurisdiction shall not have been by law vested exclusively in 
some other court ; and said court shall have the power of naturaliza- 
tion, and to issue papers therefor. They shall have such appellate 
jurisdiction in cases arising in justice's and other inferior courts in 
their respective counties as may be prescribed by law. They shall 
be always open except on non- judicial days, and their process shall 
extend to all parts of the state. kSaid courts and their judges shall 
have power to issue writs of mandamus, quo warranto, revicAv, cer- 
tiorari, prohibition and writs of habeas corpus, on petition by or on 
behalf of any person in actual custody in their respective counties. 
Injunctions and writs of prohibition and of habeas corpus may be 
issued and served on legal holidays and non- judicial days. 

Sec. 7. The judge of any superior court may hold a superior court 
in any county at the request of the judge of the superior court 
thereof, and upon the request of the governor it shall be his duty to 
do so. A case in the superior court may be tried b}^ a judge p)-o 
tempore, w^ho must be a member of the bar, agreed upon in writing 
by the parties litigant, or their attorneys of record, approved by the 
court, and sworn to try the case. 

Sec. 8. Any judicial officer who shall absent himself from the state 
for more than sixty consecutive days shall be deemed to have for- 
feited his office : Pro vided, That in cases of extreme necessity the 
governor may extend the leave of absence such time as the necessity 
therefor shall exist. 

Sec. 9. Any judge of any court of record, the attorney general, or 
any prosecuting attorney may be removed from office by joint reso- 
lution of the legislature, in which three-fourths of the members 
elected to each house shall concur, for incompetency, corruption, mal- 
feasance, or delinquency in office, or other sufficient cause stated in 
such resolution. But no removal* shall be made unless the officer 
complained of shall have been served with a copy of the charges 
against him as the ground of removal, and shall have an opportunity 
of being heard in his defense. Such resolution shall be entered at 
length on the journal of both houses, and on the question of removal 
the ayes and nays shall also be entered on the journal. 

Sec. 10. The legislature shall determine the number of justices of 
the peace to be elected in incorporated cities or towns and in pre- 
cincts, and shall 'prescribe by law the powers, duties and jurisdiction 



3986 Washington— 1889 

of justices of the peace: Provided, That such jurisdiction granted 
by the legislature shall not trench upon the jurisdiction of superior 
or other courts of record, except that justices of the peace may be 
made police justices of incorporated cities and towns. In incor- 
jDorated cities or towns having more than five thousand inhabitants 
the justices of the peace shall receive such salary as may be provided 
by law, and shall receive no fees for their own use. 

Sec. 11. The supreme court and the superior courts shall be courts 
of record, and the legislature shall have power to provide that any 
of the courts of this state, excepting justices of the peace, shall be 
courts of record. 

Sec. 12. The legislature shall prescribe by law the jurisdiction and 
powers of any of the inferior courts Avhich nuiy be established in 
13ursuance of this constitution. 

Sec. 13. Xo judicial officer, except court commissioners and unsal- 
aried justices of the i)eace, shall receive to his OAvn use any fees or 
perquisites of office. The judges of the supreme court and judges of 
the superior courts shall severally, at stated times, during their con- 
tinuance in officCy receive for their services the salaries prescribed by 
law therefor, whicli shall not be increased after their election, nor 
during the term for which they shall have been elected. The salaries 
of 'the judges of the su])reuie court shall be paid by the state. One- 
half of the salary of each of the superior court judges shall be paid 
by the state, and the other one-half by the county or counties for 
which he is elected. In cases Avhere a judge is provided for more 
than one county, that jiortion of his salary which is to be paid by the 
counties shall be apportioned between or among them according to 
the assessed value of their taxable property, to be determined by the 
assessment next preceding the time which such salary is to be paid. 

Sec. 14. Each of the judges of the su])reme court shall I'eceive an 
annual sahuy of four tliousand dollars ($4,000) ; each of the superior 
court judges shall receive an annual salary of three thousand dol- 
lars ($3,000), which said salaries shall be payable quarterly. The 
legislature may increase the salaries of the judges herein provided. 

Sec. 15. The judges of the supreme court and the judges of the 
superior court shall be ineligible to -dny other office or public 
employment than a judicial office or em]:)loyment during the term 
for which they shall have been elected. 

Sec. Kj. Judges shall not charge juries Avith respect to matters of 
fact, nor comment tliereon, but shall declare the hnv. 

Sec. 17. Xo perscm shall be eligible to the office of judge of the 
supreme court or judge of a superior court unless he shall have been 
admitted to practice in the courts of record of this state or of the 
Territory of AVashington. 

Sec. 18. The judges of the supreme court shall appoint a reporter 
for the decisions of that court. Avho shall be removable at their pleas- 
ure. He shall receive such annual salary as shall l)e prescribed by 
law. 

Sec. 19. Xo judge of a court of record shall i^ractice law in an}' 
court of this state during his continuance in office. 

Sec. 20. P]very cause submitted to a judge of a superior court for 
his decision shall be decided by him within ninety clays from the sub- 
mission thereof: Prorlded, That if. Avithin said period of ninety days 
a rehearing shall \vdve been ordered, then the j^eriod Avithin Avhich he 



Washington— 1889 3987 

is to decide shall commence at the time the cause is submitted upon 
such a rehearing. 

Sec. 21. The legislature shall provide for the speedy publication of 
opinions of the supreme court, and all opinions shall be free for pub- 
lication by any person. 

Sec. 22. The judges of the supreme court shall aj^point a clerk of 
that court, who shall be removable at their pleasure, but the legisla- 
ture may provide for the election of the clerk of the supreme court 
and prescribe the term of his office. The clerk of the supreme court 
shall receive such compensation, by salary only, as shall be provided 
by law. 

Sec. 23. There may be appointed in each county, by the judge of 
the superior court having jurisdiction therein, one or more court com- 
missioners, not exceeding three in number, who shall have authority 
to perform like duties as a judge of the superior court at chambers, 
subject to revision by such judge, to take depositions and to perform 
such other business connected with the administration of justice as 
may be prescribed by law. 

Sec. 24. The judges of the superior courts shall, from time to time, 
establish uniform rules for the government of the superior courts. 

Sec. 25. Superior judges shall, on or before the first day of Novem- 
ber in each year, report in writing to the judges of the supreme court 
such defects and omissions in the laws as their experience may sug- 
gest, and the judges of the supreme court shall, on or before the first 
day of January in each year, report in writing to the governor such 
defects and omissions in the laws as they may believe to exist. 

Sec. 2G. The county clerk shall be, by virtue of his office, clerk of 
the superior court. 

Sec. 27. The style of till process shall be, "The State of Wash- 
ington,'"' and all prosecutions shall be conducted in its name and by 
its authority. 

Sec. 28. Every judge of the supreme court and every judge of a 
superior court shall, before entering upon the duties of his office, take 
and subscribe an oath that he Avill support the constitution of the 
United States and the constitution of the State of Washington, and 
Avill faithfully and impartially discharge the duties of judge to the 
best of his ability, which oath shall l)e filed in the office of the secre- 
tary of state. 

Article V 
i:mpea<hment 

Sectiox 1. The house of representatives shall have the sole power 
of impeachment. The concurrence of a majority of all the members 
shall be necessary to an impeachment. All impeachments shall be 
tried by the senate, and when sitting for that purpose the senators 
shall be upon oath or affirmation to do justice according to laAv and 
evidence. When the governor or lieutenant governor is on trial, the 
chief justice of the supreme court shall preside. Xo person shall be 
convicted without a concurrence of two-thirds of the senators elected. 

Sec. 2. The governor and other state and judicial officers, except 
judges and justices of courts not of record, shall be liable to impeach- 
ment for high crimes or misdemeanors, or malfeasance in office, but 



3988 Washington— 1889 

judgment in such cases shall extend only to removal from office and 
disqualification to hold any office of honor, trust or profit, in the 
state. The party, whether convicted or acquitted, shall, nevertheless, 
be liable to prosecution, trial, judgment and punishment according to 
law. 

Sec. 3. All officers not liable to impeachment shall be subject to 
removal for misconduct or malfeasance in office, in such manner as 
may be j)rovided by law. 

Article VI 

ELECTIONS AND ELECTIVE RIGHTS 

Section 1. All male j^ersons of the age of twenty-one years or over, 
possessing the following qualifications, shall be entitled to vote at all 
elections : They shall be citizens of the United States ; they shall have 
lived in the state one year, and in the county ninety days, and in the 
city, town, ward or precinct thirty daj^s immediately preceding the 
election at which they offer to vote: Provided, That Indians not 
taxed shall never be allowed the elective franchise: Pro ruled further, 
That all male persons who at the time of the adoption of this consti- 
tution are qualified electors of the territory shall be electors. 

Sec. 2. The legislature may provide that there shall be no denial 
of the elective franchise at any school election on account of sex. 

Sec. 3. All idiots, insane persons, and persons convicted of infa- 
mous crime, unless restored to their civil rights, are excluded from 
the elective franchise. 

Sec. 4. For the purpose of voting and eligibility to office no person 
shall be deemed to have gained a residence by reason of his presence, 
or lost it by reason of his absence, while in the civil or military 
service of the state or of the United States, nor while a student at any 
institution of learning, nor while kept at public expense at any poor 
house or other asylum, nor while confined in public prison, nor while 
engaged in the navigation of the waters of this state or of the United 
States, or of the high seas. 

Sec. 5. Voters shall, in all cases except treason, felony and breach 
of the peace, be privileged from arrest during their attendance at 
elections and in going to and returning therefrom. Xo elector shall 
be required to do military duty on the day of any election except in 
time of war or public danger. 

Sec. 6. All elections shall be b}" ballot. The legislature shall pro- 
vide for such method of voting as will secure to every elector absolute 
secrec}^ in preparing and depositing his ballot. 

Sec. 7. The legislature shall enact a registration law, and shall 
require a compliance with such law before any elector shall be allowed 
to vote: Prorided, That this provision is not compulsory upon the 
legislature, except as to cities and toAvns having a population of over 
five hundred inhabitants. In all other cases the legislature may or 
maj^ not require registration as a iDre-requisite to the right to vote, 
and the same system of registration need not be adopted for both 
classes. 

Sec. 8. The first election of county and district officers, not other- 
wise provided for in this constitution, shall be on the Tuesday next 
after the first Mondav in November, 1890. and thereafter all elections 



Washington— 1889 3989 

for such officers shall be held l^iennially on the Tuesday next suc- 
ceeding the first Monday in November. The first election of all state 
officers not otherwise provided for in this constitution, after the elec- 
tion held for the adoption of this constitution, shall be on the Tuesday 
next after the first Monday in November, 1892, and the elections for 
such state officers shall be ever}^ fourth year thereafter on the Tuesday 
succeeding the first INIonday in November. 

Article VII 

RKVENIiE A XI) TAXATION 

Section 1. All property in the state, not exempt under the laAvs of 
the United States, or under this constitution, shall be taxed in pro- 
portion to its value, to be ascertained as provided by law. The 
legislature shall provide by laAv for an annual tax sufficient, with 
other sources of revenue, to defray the estimated ordinary expenses 
of the state for each fiscal year. And for the purpose of paying the 
state debt, if there be an3^ the legislature shall provide for levying a 
tax annually, sufficient to pay the annual interest and principal of 
such debt within twenty years from the final passage of the law 
creating the debt. 

Sec. 2. The legislature shall '[n'ovide by law a uniform and equal 
rate of assessment and taxation on all ]:)roperty in the state, according 
to its value in money, and shall prescribe such regulations by general 
law as shall secure a just valuation for taxation of all property, so 
that every person and corporation shall pay a tax in proportion to the 
value of his, her or its property: Pror'uJccL That a deduction of 
debts from credits may be authorized: Provklcd furtJiev, That the 
property of the United States, and of the state, counties, school dis- 
tricts and other municipal corporations, and such other property as 
the legislature may by general laws provide, shall be exempt froUi 
taxation. 

Sec. 3. The legislature shall provide by general law for the assess- 
ing and levying of taxes on all corporation property as near as may 
be by the same methods as are provided for the assessing and levying 
of taxes on individual property. 

Sec. 4. The power to tax corporations and corporate property shall 
not be surrendered or Suspended by any contract or grant to' which 
the state shall be a party. 

Sec. 5. No tax shall be levied except in pursuance of law; and 
every law imposing a tax shall state distinctly the object of the same, 
to which only it shall be applied. 

Sec. C). All taxes levied and collected for state purposes shall be 
paid in money only into the state treasury. 

Sec. 7. An accurate statement of the receipts and expenditures of 
the public moneys shall be published annually, in such manner as the 
legislature may provide. 

Sec. 8. A^lienever the expenses of any fiscal year shall exceed the 
income, the legislature may provide for levying a tax for the ensuing 
fiscal year, sufficient, with other sources of income, to pay the defi- 
ciency, as well as the estimated expenses of the ensuing fiscal year. 

Sec. 9. The legislature may vest the corporate authorities of cities, 
towns and villages with the powder to make local improvements by 
7535— VOL 7—00—14 



3990 Washington— 1889 

special assessment, or by special taxation of property benefited. For 
all corporate purposes, all municipal corporations may be vested with 
authority to assess and collect taxes, and such taxes shall be uniform 
in respect to persons and property within the jurisdi<;tion of the body 
levying the same. 

Article VIII 

STATE, COUNTY AND MUNICIPAL INDEBTEDNESS 

Section 1. The state may, to meet casual deficits or failures in 
revenues, or for expenses not provided for, contract debts, but such 
debts, direct and contingent, singly or in the aggregate, shall not at 
any time exceed four hundred thousand dollars ($400,000), and the 
moneys arising from the loans creating such debts shall be applied to 
the purpose for which they were obtained, or to repay the debts so 
contracted, and to no other purpose whatever. 

Sec. 2. In addition to the above limited power to contract debts, 
the state may contract debts to repel invasion, suppress insurrection, 
or to defend the state in Avar, but the mone}- arising from the con- 
tracting of such debts shall be applied to the purpose for which it 
was raised, and to no other purpose whatever. 

Sec. 8. Except the debts s])ecified in sections one and two of this 
article, no debt shall hereafter l)e contracted by, or on behalf of this 
state, unless such debt shall be authorized by law for some single 
Avork or object to be distinctly specified therein, Avhich law shall pro- 
vide waA's and means, exclusiA'e of loans, for the payment of the inter- 
est on such debt as it falls due, and also to pa}^ and discharge the 
principal of such debt Avithin tAventy years from the time of the con- 
tracting thereof. Xo such laAv shall take effect until it shall, at a 
general election, have been submitted to the people and have received 
a -majority of all the Azotes cast for and against it at such election, 
and all moneys raised by authority of such laAv shall be applied only 
to the specific object therein stated, or to the payment of the debt 
thereby created, and such law shall be published in at least one ncAvs- 
paper in each county, if one be published therein, throughout the 
state, for three months next preceding the election at Avhich it is sub- 
mitted to the people. 

Sec. 4. Xo moneys shall ever be j^aid out -of the treasury of this 
state, or any of its funds, or any of the funds under its management, 
except in pursuance of an appropriation by laAv ; nor unless such pay- 
ment be made within tAvo years from the first day of May next after 
the passage of such appropriation act, and eA'^ery such hiAv making a 
ncAv appropriation, or continuing or rcAaving an appropriation, shall 
clistinctl}^ specify the sum appropriated, and the object to Avhich it is 
to be applied, and it shall not be sufficient for such laAv to refer to 
uny other laAv to fix such sum. 

Sec. 5. The credit of the state shall not, in any manner, be giA^en or 
loaned to, or in aid of, any individual, association, company or corpo- 
ration. 

Sec. G. Xo county, city, town, school district or other municipal 
corporation shall for any purpose become indebted in any manner 
to an amount exceeding one and one-half per centum of the taxable 
proj^erty in such county, city, toAvn, school district or other nmnicii^al 



Washington— 1889 ' 3991 

corporatioiij without the assent of three-fifths of the voters therein 
voting at an election to be held for that purpose, nor in cases requir- 
ing such assent shall the total indebtedness at any time exceed five 
per centum on the value of the taxable property therein, to be ascer- 
tained by the last assessment for state and county purposes pre- 
vious to the incurring of such indebtedness, except that in incorpo- 
rated cities the assessment shall be taken from the last assessment for 
city purposes: Provided, That no part of the indebtedness allowed 
in this section shall be incurred for any purpose other than strictly 
county, city, town, school district or other municipal purposes: Pro- 
vided further. That any city or town with such assent may be allowed 
to become indebted to a larger amount, but not exceeding five per 
centum additional, for supplying such city or town with water, arti- 
ficial light and sewers when the works for supplying such water, 
light and sewers shall be owned and controlled by the municipality. 

Sec. 7. No county, city, town or other municipal corporation shall 
hereafter give any money or property, or loan its money or credit, 
to or in aid of any individual, association, company or corporation, 
except for the necessary support of the poor and infirm, or become 
directly or indirectly the owner of any stock in or bonds of any asso- 
ciation, company or corporation. 

Article IX 

EDUCATION 

Section 1. It is the paramount duty of the state to make ample 
provision for the education of all children residing within its bor- 
ders, without distinction or preference on account of race, color, caste 
or sex. 

Sec. 2. The legislature shall provide for a general and uniform 
system of public schools. The public school system shall include 
common schools, and such high schools, normal schools, and technical 
schools as may hereafter be established. But the entire revenue 
derived from the common school fund, and the state tax for common 
schools, shall be exclusively applied to the support of the common 
schools. 

Sec. ' 3. The principal of the common school fund shall remain 
permanent and irreducible. The said fund shall be derived from 
the following named sources, to wit: Appropriations and donations 
by the state to this fund; donations and bequests by individuals to 
the state or public for common schools; the proceeds of lands and 
other property which revert to the state by escheat and forfeiture; 
the proceeds of all property granted to the state, when the purpose 
of the grant is not specified, or is uncertain; funds accumulated in 
the treasury of the state for the disbursement of which provision has 
not been made by law; the proceeds of the sale of timber, stone, 
minerals or other property from school and state lands, other than 
those granted for specific purposes; all moneys received from per- 
sons appropriating timber, stone, minerals or other property from 
school and state lands other than those granted for specific purposes, 
and all moneys other than rental recovered from persons trespassing 
on said lands; five per centum of the proceeds of the sale of public 



3992 ' Washinqton—1889 

lands lying within the state, which shall be sold by the United States 
subsequent to the admission of the state into the Union as approved 
by section 13 of the act of congress enabling the admission of the 
state into the Union ; the principal of all funds arising from the sale 
of lands and other proj^erty which have been, and hereafter may be, 
granted to the state for the support of counnon schools. The legis- 
lature may make further provisions for enlarging said fund. The 
interest accruing on said fund, together with all rentals and other 
revenues derived therefrom, and from lands and other property 
devoted to the common school fund, shall be exclusively applied to 
the current use of the common schools. 

Sec. 4. All schools maintained or supported wholly or in part by 
the public funds shall be forever free from sectarian control or 
influence. 

Sec. 5. All losses to the permanent connnon school or any other 
state educational fund, which shall be occasioned by defalcation, mis- 
management or fraud of the agents or officers controlling or man- 
aging the same, shall be audited by the proper authorities of the 
state. The amount so audited shall be a permanent funded debt 
against the state in favor of the particular fund sustaining such loss, 
upon which not less tlian six per cent, annual, interest shall be paid. 
The amount of liability so created shall not be counted as a part of 
the indebtedness authorized and limited elsewhere in this constitution. 

Article X 

:militia 

Secttox 1. All able-bodied male citizens of this state between the 
ages of eighteen (18) and forty-five (45) years, except such as are 
exempt by laws of the United States or by the laws of this state, shall 
be liable to military duty. 

Sec. 2. The legislature shall provide by laAv for organizing and 
disciplining the militia in such manner as it may deem expedient, not 
incouipatibk' with the coustitution and laws of the United States. 
Officers of the militia shall be elected or appointed in such manner 
as the legislature shall from time to time direct, and shall be commis- 
sioned by the governor. The governor shall have power to call forth 
the militia to execute the laws of the state to suppress insurrections 
and repel invasions. 

Sec. 3. The legislature shall provide by law for the maintenance of 
a soldiers' home for honorably discharged Union soldiers, sailors, 
marines and members of the state militia disabled while in the line of 
duty, and who are hona fde citizens of the state. 

Sec. 4. The legislature shall provide by laAv for the protection and 
safe keeping of the public arms. 

Sec. 5. The militia shall, in all cases, except treason, felony and 
breach of the peace, be priAdleged from arrest during the attendance 
at musters and elections of officers, and in going to and returning from 
the same. 

Sec. 6. No person or persons, having conscientious scruples against 
bearing arms, shall be compelled to do militia duty in time of peace: 
Provided, Such person or persons shall pay an equivalent for such 
exemption. 



Washington— 1889 3993 

Article XI 

COUNTY, CITY AND TOWNSHIP ORGANIZATION 

Section 1. The several counties of the Territory of Washington 
existing at the time of the adoption of this constitution are hereby 
recognized as legal subdivisions of this state. 

Sec. 2. No countv seat shall be removed unless three-fifths of the 
qualified electors oi the county, voting on the proposition at a gen- 
eral election, shall vote in favor of such removal, and three-fifths of 
all votes cast on the proposition shall be required to relocate a county 
seat. A jDroposition of removal shall not be submitted in the same 
county more than once in four years. 

Sec. 3. No new county shall be established which shall reduce any 
county to a population of less than four thousand (4,000), nor shall 
a new county be formed containing a less population than two thou- 
sand (2,000). There shall be no territory stricken from any county 
unless a majority of the voters living in such territory shall petition 
therefor, and then only under such other conditions as may be pre- 
scribed by a general law applicable to the whole state. Every county 
which shall be enlarged or created from territory taken from any other 
county or counties shall be liable for a just proportion of the existing 
debts and liabilities of the county or counties from which such terri- 
tory shall be taken: Provided, That in such accounting neither 
county shall be charged with any debt or liability then existing, in- 
curred in the jDurchase of any county property or in the purchase or 
construction of any county buildings then in use or under construc- 
tion, which shall fall within and be retained by the county: Prodded 
further. That this shall not be construed to affect the rights of 
creditors. 

Sec. 4. The legislature shall establish a system of county govern- 
ment which shall be uniform throughout the state, and by general 
laws shall provide for township organization, under which any 
county may organize whenever a majority of the qualified electors of 
such county voting at a general election shall so determine, and 
whenever a county shall adopt township organization, the assessment 
and collection of the revenue shall be made, and the business of such 
county, and the local affairs of the several townships therein, shall be 
managed and transacted in the manner prescribed by such general 
law. 

Sec. 5, The legislature, by general and uniform laws, shall provide 
for the election in the several counties of boards of county commis- 
sioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and 
other county, township or precinct and district officers, as public con- 
venience may require, and shall prescribe their duties and fix their 
terms of office. It shall regulate the compensation of all such officers, 
in proportion to their duties, and for that purpose may classify the 
counties by population. And it shall provide for the strict accounta- 
bility of such officers for all fees which may be collected by them, and 
for all public moneys which may be paid to them, or officially come 
into their possession. 

Sec. G. The board of county commissioners in each county shall 
fill all vacancies occurring in any county, township, precinct or road 
district office of such county by appointment, and officers thus ap- 



3994 Washington— 1889 

pointed shall hold office till the next general election, and initil their 
successors are elected and qualified. 

Sec. 7. No count}^ officer shall be eligible to hold his office more 
than two terms in succession. 

Sec. 8. The legislature shall fix the compensation b}^ salaries of all 
county officers, and of constables in cities having a population of 
5,000 and upward ; except that public administrators, surveyors and 
coroners may or may not be salaried officers. The salary of any 
county, city, town or municipal officer shall not be increased or dimin- 
ished after his election, or during his term of office; nor shall the 
term of any such officer be extended beyond the period for which he 
is elected or appointed. 

Sec. 9. Xo county, nor the inhabitants thereof, nor the property 
therein, shall be released or discharged from its or their proportionate 
share of taxes to be levied for state purposes, nor shall connnutation 
for such taxes be authorized in any form whatever. 

Sec. 10. Corporations for nnmicipal purposes shall not be created 
by special laws; but the legislature, by general hiAVS, shall provide for 
the incorporation, organization and classification, in proportion to 
population, of cities and towns, which laws may be altered, amended 
or repealed. Cities and towns heretofore organized or incorporated 
may become organized under su.ch general laws whenever a majority 
of the electors voting at a general election shall so determine, and 
shall organize in conformity therewith; and cities or towns hereto- 
fore or hereafter organized, and all charters thereof framed or 
adopted by authority of this constitution, shall be subject to and con- 
trolled by general laws. Any city containing a population of twenty 
thousand inhabitants, or more, shall be permitted to frame a charter 
for its own government, consistent with and subject to the constitu- 
tion and laws of this state, and for such purpose the legislative 
authority of such city may cause an election to be had, at which elec- 
tion there shall be chosen b}^ the qualified electors of said city, fifteen 
freeholders thereof, who shall have been residents of said city for a 
period of at least two years preceding their election, and qualified 
electors, whose duty it shall be to convene Avithin ten days after their 
election and prepare and propose a charter for such city. Such pro- 
posed charter shall be submitted to the qualified electors of said city, 
and if a majority of such qualified electors voting thereon ratify the 
same, it shall become the charter of said city, and shall become the 
organic law thereof, and supersede any existing charter, including 
amendments thereto, and all special laws inconsistent with such char- 
ter. Said proposed charter shall be published in two daily news- 
papers published in said city, for at least thirty days prior to the day 
of submitting the same to the electors for their approval, as above 
provided. All elections in this section authorized shall only be had 
upon notice, which notice shall specify the object of calling such 
election, and shall be giA^en for at least ten days before the day of 
election, in all election districts of said city. Said elections may be 
general or special elections, and except as herein provided shall be 
governed b}^ the laAv regulating and controlling general or special 
elections in said city. Such charter may be amended by proposals 
therefor submitted by the legislative authority of such city to the 
electors thereof at any general election after notice of said submission 



Washington— 1889 3995 

published as above specified, and ratified by a majority of the qualified 
electors voting thereon. In submitting any such charter, or amend- 
ment thereto, any alternate article or proposition may be presented 
for the choice of the voters, and may be voted on separately without 
prejudice to others. 

Sec. 11. Any county, city, town or township may make and enforce 
within its limits all such local police, sanitary and other regulations 
as are not in conflict with general laws. 

Sec. 12. The legislature shall have no power to impose taxes upon 
counties, cities, towns or other municipal corporations, or upon the 
inhabitants or property thereof, for county, city, town, or other 
municipal purposes, but may by general laws vest in the corporate 
authorities thereof the power to assess and collect taxes for such pur- 
poses. 

Sec. 13. Private property shall not be taken or sold for the payment 
of the corporate debt of any public or municipal corporation, except 
in the mode provided by law for the levy and collection of taxes. 

Sec. 14. The making of profit out of county, city, toAvn or other 
public money, or using the same for an}^ purpose not authorized by 
law, by any officer having the possession or control thereof, shall be 
a felony, and shall be prosecuted and punished as prescribed by law. 

Sec. 15. All moneys, assessments and taxes belonging to or col- 
lected for the use of any county, city, town or other public or munic- 
ipal corporation, coming into the hands of any officer thereof, shall 
immediately be deposited with the treasurer, or other legal depositary, 
to the credit of such city, town, or other corporation respectively, for 
the benefit of the funds to which they belong. 

Article XII 

CORPORATIONS OTHER THAN MUNICIPAL 

Section 1. Corporations may be formed under general laws, but 
shall not be created by special acts. All laws relating to corporations 
may be altered, amended or repealed by the legislature at any time, 
and all corporations doing business in this state may, as to such busi- 
ness, be regulated, limited or restrained by law. 

Sec. 2. All existing charters, franchises, special or exclusive privi- 
leges, under which an actual and bona -fide organization shall not have 
taken place, and business been commenced in good faith, at the time 
of the adoption of this constitution, shall thereafter have no validity. 

Sec. 3. The legislature shall not extend any franchise or charter, 
nor remit the forfeiture of any franchise or charter of any corporation 
now existing, or which shall hereafter exist under the laws of this 
state. 

Sec. 4. Each stockholder in all incorporated companies, except cor- 
porations organized for banking or insurance purposes, shall be liable 
for the debts of the corporation to the amount of his unpaid stock, 
and no more, and one or more stockholders may be joined as parties 
defendant in suits to recover upon this liability. 

Sec. 5. The term corporations, as used in this article, shall be con- 
strued to include all associations and joint stock companies having 
any powers or privileges of corporations not possessed by individuals 



3996 Washington— 1 889 

or partnerships, and all corporations shall have the right to sue and 
shall be subject to be sued, in all courts, in like cases as natural 
persons. 

Sec. 6. Corporations shall not issue stock, except to ho7ia fide sub- 
scribers therefor, or their assignees; nor shall any corporation issue 
any bond, or other obligation, for the payment of money, except for 
money or property received or labor done. The stock of corpora- 
tions shall not be increased, except in pursuance of a general law, nor 
shall any law authorize the increase of stock, without the consent of 
the person or persons holding the larger amount in value of the stock, 
nor without due notice of the proposed increase having been pre- 
viously given in such manner as may be prescribed by law. All fic- 
titious increase of stock or indebtedness shall be void. 

Sec. 7. Xo corporation organized outside the limits of this state 
shall be alloAved to transact business within the state on more favor- 
able conditions than are prescribed by law to similar corporations 
organized under the laws of this state. 

Sec. 8. Xo corporation shall lease or alienate any franchise, so as 
to relieve the franchise, or j^roperty held thereunder, from the liabili- 
ties of the lessor, or gi-antor, lessee, or grantee, contracted or incurred 
in the operation, use, or enjoyment of such franchise or any of its 
privileges. 

Sec. 9. The state shall not in any manner loan its credit, nor shall 
it subscribe to, or be interested in, the stock of any company, associa- 
tion or corporation. 

Sec. 10. The exercise of the right of eminent domain shall never 
be so abridged or construed as to prevent the legislature from taking 
the jDroperty and franchises of incorporated companies, and subject- 
ing them to public use the same as the property of individuals. 

Sec. 11. No corporation, association, or individual shall issue or 
put in circulation as money anything but the lawful money of the 
United States. Each stockholder of any banking or insurance cor- 
poration or joint stock association shall be individually and person- 
ally liable, equally and ratably and not one for another, for all con- 
tracts, debts and engagements of such corporation or association 
accruing while they remain such stockholders, to the extent of the 
amount of their stock therein at the par value thereof, in addition to 
the amount invested in such shares. 

Sec. 12. Any president, director, manager, cashier, or other officer 
of any banking institution who shall receive or assent to the recep- 
tion of deposits after he shall have knowledge of the fact that such 
banking institution is insolvent or in failing circumstances shall be 
individually responsible for such deposits so received. 

Sec. 13. All railroad, canal and other transportation companies 
are declared to be common carriers and subject to legislative control. 
Any association or corporation organized for the purpose, under the 
laws of the state, shall have the dight to connect at the state line with 
railroad of other stages. Every railroad company shall have the 
right with its road, whether the same be now constructed or may here- 
after be constructed, to intersect, cross or connect with any other rail- 
road, and when such railroads are of the same or similar gauge they 
shall, at all crossings and at all i)oints where a railroad shall begin or 



Washingto7i—l 889 3997 

terminate at or near any other railroad, form proper connections, so 
that the cars of any such raih-oad companies may be speedily trans- 
ferred from one railroad to another. All railroad companies shall 
receive and transport each the other's passengers, tonnage and cars 
without delay or discrimination. 

Sec. 1-i. No railroad company or other common carrier shall com- 
bine or make any contract with the owners of any vessel that leaves 
port or makes port in this state, or with any common carrier, by 
which combination or contract the earnings of one doing the carrying 
are to be shared by the other not doing the carrying. 

Sec. 15. No discrimination in charges or facilities for transporta- 
tion shall be made by any railroad or other transportation company 
between places or persons, or in the facilities for transportation of 
the same classes of freight or passengers within this state, or coming 
from or going to any other state. Persons and property transported 
over any railroad, or by any other transportation company, or in- 
dividual, shall be delivered at any station, landing or port, at charges 
not exceeding the charges for the transportation of persons and prop- 
erty of the same class, in the same direction, to any more distant sta- 
tion, port or landing. Excursion and commutation tickets may be 
issued at special rates. 

Sec. 1G. No railroad corporation shall consolidate its stock, prop- 
erty or franchises with any other railroad corporation owning a com- 
peting line. 

Sec. 17. The rolling stock and other movable property belonging 
to any railroad company or corporation in this state shall be con- 
sidered personal property, and shall be liable to taxation and to exe- 
cution and sale in the same manner as the personal property of 
individuals, and such property shall not be exempted from execution 
and sale. 

Sec. 18. The legislature shall f)ass laws establishing reasonable 
maximum rates of charges for the transportation of passengers and 
freight, and to correct abuses, and to prevent discrimination and 
extortion in the rates of freight and passenger tarilfs on the different 
railroads and other common carriers in the state, and shall enforce 
such laws by adequate penalties. A railroad and transportation 
commission maj^ be established and its powers and duties fully 
defined by law. 

Sec. 19. Any association or corporation, or the lessees or managers 
thereof, organized for the purpose, or any individual, shall have the 
right to construct and maintain lines of telegraph and telephone 
within this state, and said companies shall receive and transmit each 
other's messages without delay or discrimination, and all of such com- 
panies are hereby declared to be common carriers aud subject to 
legislative control. Railroad corporations organized or doing busi- 
ness in this state shall allow telegraph and telephone corporations and 
companies to construct and maintain telegraph lines on and along the 
rights-of-way of such railroads and railroad companies, and no rail- 
road corporation organized or doing business in this state shall allow 
any telegraph corporation or company any facilities, privileges or 
rates for transportation of men or material, or for repairing their 
lines, not allowed to all telegraph companies. The right of eminent 



3998 Washington— 1889 

domain is hereby extended to all telegraph and telephone companies. 
The legislature shall, by general law of uniform operation, provide 
reasonable regulations to give effect to this section. 

Sec. 20. No railroad or other transportation company shall grant 
free passes, or sell tickets or passes at a discount, other than as sold 
to the public generally, to any member of the legislature, or to any 
person holding any public office within this state. The legislature 
shall pass laws to carry this provision into effect. 

Sec. 21. Railroad companies now or hereafter organized or doing 
business in this state, shall allow all express companies organized or 
doing business in this state, transportation over all lines of railroad 
owned or operated by such railroad companies upon equal terms with 
any other express company, and no railroad corporation organized or 
doing business in this state shall allow any express corporation or 
company any facilities, privileges or rates for transportation of men 
or materials or property carried by them, or for doing the business of 
such express companies, not allowed to all express companies. 

Sec. 22. JMonopolies and trusts shall never be allowed in this state, 
and no incorporated company, copartnership or association of persons 
in this state shall directly or indirectly combine or make any contract 
with any other incorporated company, foreign or domestic, through 
their stockholders, or the trustees or assignees of such stockholders, or 
with any copartnership or association of persons, or in any manner 
whatever, for the purpose of fixing the price or limiting the produc- 
tion or regulating the transportation of any product or commodity. 
The legislature shall pass laws for the enforcement of this section by 
adequate penalties, and in case of incorporated companies, if neces- 
sary for that purpose, may declare a forfeiture of their charter. 

Article XIII 

STATE INSTITUTIONS 

Section 1. Educational, i^formatory and penal institutions; those 
for the benefit of blind, deaf, dumb or otherwise defective youth, for 
the insane or idiotic, and such other institutions as the public good 
may require, shall be fostered and suj^ported by the state, subject to 
such regulations as ma}^ be provided by law. The regents, trustees, 
or commissioners of all such institutions existing at the time of the 
adoption of this constitution, and of such as shall thereafter be estab- 
lished by law, shall be appointed by the governor, by and with the 
advice and consent of the senate ; and upon all nominations made by 
the governor, the question shall be taken by the ayes and noes, and 
entered upon the journal. 

Article XIV 

SEAT OF GOVERNMENT 

Section 1. The legislature shall have no power to change, or to 
locate the seat of government of this state; but the question of the 
permanent location of the seat of government of the state shall be 
submitted to the qualified electors of the territory, at the election to 
be held for the adoption of this constitution. A majority of all the 



Washington— 1889 3999 

votes cast at said election, upon said question, shall be necessary to 
determine the permanent location of the seat of government for the 
state; and no place shall ever be the seat of government which shall 
not receive a majority of the votes cast on that matter. In case there 
shall be no choice of location at said first election, the legislature 
shall, at its first regular session after the adoption of this constitu- 
tion, provide for submitting to the qualified electors of the state, at 
the next succeeding general election thereafter, the question of choice 
of location between the three places for which the highest number of 
votes shall have been cast at the said first election. Said legislature 
shall provide further that in case there shall be no choice of location 
at said second election, the question of choice between the two places 
for which the highest number of votes shall have been cast, shall be 
submitted in like manner to the qualified electors of the state at the 
next ensuing general election : Provided, That imtil the seat of gov- 
ernment shall have been permanently located as herein provided, the 
temporary location thereof shall remain at the city of Olympia. 

Sec. 2. When the seat of government shall have been located as 
herein provided, the location thereof shall not thereafter be changed 
except by a vote of two-thirds of all the qualified electors of the state 
voting on that question, at a general election, at Avhich the question of 
location of the seat of government shall have been submitted by the 
legislature. 

Sec. 3. The legislature shall make no appropriations or expendi- 
tures for capitol buildings or grounds, except to kee*p the territorial 
capitol buildings and grounds in repair, and for making all necessary 
additions thereto, until the seat of government shall have been per- 
manently located, and the public buildings are erected at the per- 
manent capital in pursuance of law. 

Article XV 

HARBORS AND TIDE WATERS 

Section 1. The legislature shall provide for the appointment of a 
commission whose duty it shall be to locate and establish harbor lines 
in the navigable waters of all harbors, estuaries, bays and inlets of 
this state, wherever such navigable waters lie within or in front of the 
corporate limits of any city or within one mile thereof upon either 
side. The state shall never give, sell or lease to any private person, 
corporation or association any rights whatever in the waters beyond 
such harbor lines, nor shall any of the area lying between any harbor 
line and the line of ordinary high tide, and within not less than fifty 
feet nor more than 600 feet of such harbor line (as the commissioners 
shall determine) be sold or granted by the state, nor its right to con- 
trol the same relinquished, but such area shall be forever reserved 
for landings, wharves, streets and other conveniences of navigation 
and commerce. 

Sec. 2. The legislature shall provide general laws for the leasing 
of the right to build and maintain wharves, docks and other struc- 
tures upon the areas mentioned in section 1 of this article, but no 
lease shall be made for any term longer than thirty years, or the legis- 
lature may provide by general laws for the building and maintaining 
upon such area, wharves, docks and other structures. 



4000 Washington— J 889 

Sec. 3. Municipal corporations shall have the right to extend their 
streets over intervening tide lands to and across the area reserved as 
herein provided. 

Article XVI 

SCHOOL AND (JRANTED LANDS 

Section 1. All the public lands gi^anted to the state are held in 
trust for all the people, and none of such lands, nor any estate or 
interest therein, shall ever be disposed of unless the full market value 
of the estate or interest disposed of, to be ascertained in such manner 
as ma J'' be provided by law. be paid or safely secured to the state; 
nor shall any lands which the state holds by grant from the United 
States (in any case in Avhich the manner of disposal and minimum 
price are so prescribed) be disposed of except in the manner and for 
at least the price prescribed in the grant thereof, without the consent 
of the United States. 

Sec. 2. None of the lands granted to the state for educational pur- 
poses shall be sold otherwise than at public auction to the highest 
bidder. The value thereof, less the improvements, shall, before any 
sale, be appraised by a board of appraisers, to be provided by law, 
the terms of payment also to be prescribed by law, and no sale shall 
be valid miless the sum bid be equal to the aj^praised value of said 
land. In estimating the value of such lands for disposal, the value 
of the improvements thereon shall be excluded: Proridcd, That the 
sale of all school and university land heretofore made by the com- 
missioners of any county or the university commissioners. Avhen the 
purchase price has been paid in good faith, may be confirmed by the 
legislature. 

Sec. 3. No more than one-fourth of the land granted to the state 
for educational puri)oses shall be sold prior to January 1, 1895, and 
not more than one-half prior to January 1, 1905: Provided., That 
nothing herein shall be construed as to prevent the state from selling 
the timber or stone off of any of the state lands in such manner and 
on such terms as may be prescribed by law: And prorided fin-fhei; 
That no sale of timber lands shall be valid unless the full value of 
such lands is paid or secured to the state. 

Sec. 4. No more than one hundred and sixty (ICO) acres of any 
granted lands of the state shall be offered for sale in one parcel, and 
all lands within the limits of any incorporated city, or within two 
miles of the boundary of any incorporated city, where the valuation 
of such lands shall be fountl by appraisement to exceed one hundred 
dollars ($100) per acre, shall, before the same be sold, be platted 
into lots and blocks of not more than five acres in a block, and not 
more than one block shall be offered for sale in one parcel. 

" Sec. 5. None of the pei'manent school fund shall ever be loaned 
to private persons or corporations, but it may be invested in national, 
state, county, or municipal bonds. 



a See Aiiiendiuent, 1894. 



Washington— 1889 4001 

Article XVII 

* 

TIDE LANDS 

Section 1. The State of Washington asserts its ownership to the 
beds and shores of all navigable waters in the state np to and includ- 
ing the line of ordinary high tide, in waters where the tide ebbs and 
flows, and up to and including the line of ordinary high water within 
the banks of all navigable rivers and lakes: Prorided, That this sec- 
tion shall not be construed so as to debar any person from asserting 
his claim to vested rights in the courts of the state. 

Sec. 2. The state of Washington disclaims all title in and claim to 
all tide, swamp and overflowed lands patented by the United States : 
Provided, The same is not impeached for fraud. 

Article XVIII 

state seal -- 

Section 1. The seal of the State of AVashington shall be, a seal 
encircled with the words : " The seal of the State of Washington." 
with the vignette of Gen. George Washington as the central figure, 
and beneath the vignette the figures " 1889." 

Article XIX 

EXEMPTIONS 

Section 1. The legislature shall protect by law from forced sale a 
certain portion of the homestead and other property of all heads of 
families. 

Article XX 

PUBLIC health and VITAL STATISTICS 

Section 1. There shall be established by law a state board of health 
and a bureau of vital statistics in connection therewith, with such 
powers as the legislature may direct. 

Sec. 2. The legislature shall enact laws to regulate the j^ractice of 
medicine and surgery, and the sale of drugs and medicines. 

Article XXI 

avatp:r and avater rights 

Section 1. The use of the- waters of the state for irrigation, min- 
ing and manufacturing purposes shall be deemed a public use. 

Article XXII 

legislative apportionment 

Section 1. Until otherwise provided by law, the state shall be 
divided into twenty-four (24) senatorial districts, and said districts 
shall be constituted and numbered as follows: The counties of 



4002 Washington— 1889 

Stevens and Spokane shall constitute the first district, and be entitled 
to one senator; the county of Spokane shall constitute the second 
district, and be entitled to three senators; the county of Lincoln 
shall constitute the third district, and be entitled to one senator; the 
counties of Okanogan, Lincoln, Adams and Franklin shall constitute 
the fourth district, and be entitled to one senator; the county of 
Whitman shall constitute the fifth district, and be entitled to three 
senators; the counties of Garfield and Asotin shall constitute the 
sixth district, and be entitled to one senator ; the county of Columbia 
shall constitute the seventh district, and be entitled to one senator; 
the county of AValla Walla shall constitute the eighth district, and be 
entitled to two senators; the counties of Yakima and Douglas shall 
constitute the ninth district, and be entitled to one senator ; the county 
of Kittitas shall constitute the tenth district, and be entitled to one 
senator; the counties of Klickitat and Skamania shall constitute the 
eleventh district, and be entitled to one senator ; the county of Clarke 
shall constitute the twelfth district, and be entitled to one senator ; the 
county of Cowlitz shall constitute the thirteenth district, and be 
entitled to one senator; the county of Lewis shall constitute the four- 
teenth district, and be entitled to one senator; the counties of Pacific 
and Wahkiakum shall constitute the fifteenth district, and be entitled 
to one senator; the county of Thurston shall constitute the sixteenth 
district, and be entitled to one senator; the county of Chehalis shall 
constitute the seventeenth district, and be entitled to one senator; the 
county of Pierce shall constitute the eighteenth district, and be 
entitled to three senators; die county of King shall constitute the 
nineteenth district, and be entitled to five senators; the counties of 
Mason and Kitsap shall constitute the twentieth district, and be 
entitled to one senator; the counties of Jefferson, Clallam and San 
Juan shall constitute the twenty-first district, and be entitled to one 
senator; the county of Snohomish shall constitute the tAventy-second 
district, and shall be entitled to one senator; the counties of Skagit 
and Island shall constitute the twenty-third district, and be entitled 
to one senator; the county of AMiatcom shall constitute the tAventy- 
fourth district, and be entitled to one senator. 

Sec. 2. Until otherwise provided by law, the representatives shall 
be divided among the several counties of the state in the following 
manner: The county of Adams shall have one representative; the 
county of Asotin shall have one representative; the county of Che- 
halis shall have two representatives; the county of Clarke shall have 
three representatives; the county of Clallam shall have one repre- 
sentative; the county of Columbia shall have two representatives; 
the county of Cowlitz shall have one representative; the county of 
Douglas shall have one representative; the county of Franklin shall 
have one representative; the county of Garfield shall have one rep- 
resentative; the county of Island shall have one representative; the 
county of Jefferson shall have two representatives; the county of 
King shall have eight representatives; the county of Klickitat shall 
have two representatives; the county of Kittitas shall have two repre- 
sentatives; the county of Kitsap shall have one representative; the 
county of Lewis shall have two representatives; the county of Lin- 
coln shall have two representatives; the county of Mason shall have 
one representative; the county of Okanogan shall have one repre- 
sentative; the county of Pacific shall have one representative; the 



Washington^l889 4003 

county of Pierce shall have six representatives; the county of San 
Juan shall have one representative; the county of Skamania shall 
have one rej^resentative ; the county of Snohomish shall have two 
representatives; the county of Skagit shall have two representatives; 
the county of Spokane shall have six representatives; the county of 
Stevens shall have one representative; the county of Thurston shall 
have two representatives; the county of Walla Walla shall have three 
representatives; the county of Wahkiakum shall have one repre- 
sentative; the county of Whatcom shall have two representatives; 
the county of Whitman shall have five representatives; the county 
of Yakima shall have one representative. 

Article XXIII 

AMENDMENTS 

Section 1. Any amendment or amendments to this constitution 
may be proposed in either branch of the legislature, and if the same 
shall be agreed to by two-thirds of the members elected to each of 
the two houses, such proposed amendment or amendments shall be 
entered in their journals, with the ayes and noes thereon, and be sub- 
mitted to the qualified electors of the state for their approval, at the 
next general election, and if the people approve and ratify such 
amendment or amendments, by a majority of the electors voting 
thereon, the same shall become part of this constitution, and proc- 
lamation thereof shall be made l)y the governor: Prorided, That if 
more than one amendment be submitted, they shall be submitted in 
such a manner that the people may vote for or against such amend- 
ments separately. The legislature shall also cause the amendments 
that are to be submitted to the people to be published for at least 
three months next preceding the election, in some Aveekly newspa]5er 
in every county where a newspaper is published throughout the 
state. 

Sec. 2. Whenever two-thirds of the members elected to each branch 
of the legislature shall deem it necessary to call a convention to revise 
or amend this constitution, they shall recommend to the electors to 
vote at the next general election for or against a convention, and if a 
majority of all the electors voting at said election shall have voted 
for a convention, the legislature shall, at the next session, provide by 
law for calling the same : and such convention shall consist of a num- 
ber of members not less than that of the most numerous branch of 
the legislature. 

Sec. 3. Any constitution adopted by such convention shall have no 
validity until it has been submitted to and adopted by the people. 

Article XXIV 

boundaries 

Section 1. The boundaries of the State of Washington shall be as 
follows : Beginning at a point in the Pacific ocean one marine league 
due west of and oj^posite the middle of the mouth of the north ship 
channel of the Columbia river, thence running easterly to and up the 
middle channel of said river and where it is divided by islands up the 



4004 • Washington^ 1889 

middle of the widest channel thereof to where the forty-sixth parallel 
of north latitude crosses said river, near the mouth of the Walla 
Walla river; thence east on said forty-sixth parallel of latitude to 
the middle of the main channel of the Shoshone or Snake river; 
thence follow down the middle of the main channel of Snake river 
to a point opposite the mouth of the Kooskooskia or Clear Water 
river; thence due north to the forty-ninth parallel of north latitude; 
thence west along said forty-ninth parallel of north latitude to the 
middle of the channel which separates Vancouver's Island from the 
continent, that is to say to a point in longitude 123 degi'ees, 19 min- 
utes and 15 seconds west ; thence following the boundary line between 
the United States and British possessions through the channel which 
separates Vancouver's Island from the continent to the termination 
of the boundary line between the United States and British posses- 
sions at a point in the Pacific ocean equidistant between Bonnilla 
point on Vancouver's Island and Tatoosh Island lighthouse; thence 
running in a southerly course and parallel with the coast line, keeping 
one marine league off shore, to place of beginning. 

Article XXV 

JURISDICTION 

Section 1. The consent of the State of Washington is hereby given 
to the exercise, by the congress of the United States, of exclusiA'e legis- 
lation in all cases whatsoever over such tracts or parcels of land as 
are now held or reserved by the government of the United States for 
the purpose of erecting or maintaining thereon forts, magazines, 
arsenals, dockyards, lighthouses and other needful buildings, in 
accordance with the provisions of the seventeenth ])aragi'aph of the 
eighth section of the first article of the constitution of the I''^nited 
States, so long as the same shall be so held and reserved by the United 
States: Prorifled. That a sufficient description by metes and bounds, 
and an accurate \)\i\{ or map of each such tract or parcel of land be 
filed in the proper office of record in the county in Avhich the same is 
situated, togetlier with copies of the orders, deeds, patents or other 
evidences in writing of the title of the United States: And 'provided. 
That all civil process issued from the courts of this state, and such 
criminal process as may issue under the authority of this state, against 
any person charged with crime in cases arising outside of such reser- 
vations, may bo served and executed thereon in the same mode and 
mannei', and by the same officers, as if the consent herein given had 
not been made. 

Article XXVI 

COMPACT AVITH THE I XITED STATES 

The following ordinance shall be irrevocable without the consent 
of the United States and the people of this state : 

Firnt: That perfect toleration of religious sentiment shall be 
secured, and that no inhabitant of this state shall ever be molested 
in ])erson or property on account of his or her mode of religious 
worship. 



Washington— 1889 4005 

/Second: -That the people inhabiting this state do agree and declare 
that they forever disclaim all right and title to the unappropriated 
public lands lying within the boundaries of this state, and to all lands 
lying within said limits owned or held by any Indian or Indian 
tribes; and that, until the title thereto shall have been extinguished 
by the United States, the same shall be and remain subject to the dis- 
position of the United States, and said Indian lands shall remain 
under the absolute jurisdiction and control of the congress of the 
United States, and that the lands belonging to citizens of the United 
States residing without the limits of this state shall never be taxed 
at a higher rate than the lands belonging to residents thereof, and 
that no taxes shall be imposed by the state on lands or property 
therein belonging to or which may be hereafter purchased by the 
United States or reserved for use: Provided, That nothing in this 
ordinance shall preclude the state from taxing, as other lands are 
taxed, any lands owned or held by any Indian who has severed his 
tribal relations, and has obtained from the United States or from any 
person a title thereto by patent or other grant, save and except such 
lands as have been or may be granted to any Indian or Indians under 
any act of congress containing a provision exempting the lands thus 
granted from taxation, which exemption shall continue so long and to 
such an extent as such act of congress may prescribe. 

TJmrl: The debts and liabilities of the Territory of Washington, 
and payment of the same, are hereby assumed by this state. 

Fourth: Provision shall be made for the establishment and mainte- 
nance of systems of public schools free from sectarian control, which 
shall be open to all the children of said state. 

Article XXVII 

SCHEDULE 

In order that no inconvenience may arise by reason of a change 
from a territorial to a state government, it is hereby declared and 
ordained as follows : 

Section 1. No existing rights, actions, suits, proceedings, contracts 
or claims shall be affected by a change in the form of government, but 
all shall continue as if no change had taken place; and all process 
which may have been issued under the authority of the Territory of 
Washington previous to its admission into the Union shall be as 
valid as if issued in the name* of the state. 

Sec. 2. All laws now in force in the Territory of Washington, 
which are not repugnant to this constitution, shall remain in force 
until they expire by their own limitation, or are altered or repealed 
by the legislature: Provided, That this section shall not be so con- 
strued as to validate any act of the legislature of Washington Terri- 
tory granting shore or tide lands to any person, company or any 
municipal or private corporation. 

Sec. 3. All debts, fines, penalties and forfeitures, which have ac- 
crued, or may hereafter accrue, to the Territory of Washington, shall 
inure to State of Washington. 

Sec. 4. All recognizances heretofore taken, or wdiich may be taken 
before the change from a territorial to a state government, shall re- 
main valid, and shall pass to and may be prosecuted in the name of 

7535— VOL 7—09 15 



4006 Washington— 1889 

the state, and all bonds executed to the Territory of Washington or to 
any county or municipal corporation, or to any officer or court in his 
or its official capacity, shall pass to the state authorities and their 
successors in office, for the uses therein expressed, and may be sued for 
and recovered accordingly, and all the estate, real, personal and 
mixed, and all judgments, decrees, bonds, specialties, choses in action, 
and claims or debts, of whatever description, belonging to the Terri- 
tory of Washington, shall inure to and vest in the State of Washing- 
ton, and may be sued for and recovered in the same manner, and to 
the same extent, by the State of Washington, as the same could have 
been by the Territory of Washington. 

Sec. 5. All criminal prosecutions and penal actions which may 
have arisen, or which may arise, before the change from a territorial 
to a state government, and Avhich shall then be pending, shall be 
prosecuted to judgment and execution in the name of the state. All 
offienses committed against the laws of the Territory of Washington, 
before the change from a territorial to state government, and which 
shall not be prosecuted before such change, may be prosecuted in the 
name and by the authority of the State of Washington, with like 
effect as though such change had not taken place; and all penalties 
incurred shall remain the same as if this constitution had not been 
adopted. All actions at law and suits in equity which may be pend- 
ing in any of the courts of the Territorj^ of Washington, at the time 
of the change from a territorial to a state government, shall be con- 
tinued and transferred to the court of the state having jurisdiction 
of the subject matter thereof. 

Sec. 6. All officers now holding their office under the authority of 
the United States, or of the Territory of Washington, shall continue 
to hold and exercise their respective offices until they shall be super- 
seded by the authority of the state. 

Sec. 7. All officers provided for in this constitution, including a 
county clerk for each county, when no other time is fixed for their 
election, shall be elected at the election to be held for the adoption of 
this constitution on the first Tuesday of October, 1889. 

Sec. 8. AMienever the judge of the superior court of any county, 
elected or appointed under the provisions of this constitution, shall 
have qualified, the several causes then pending in the district court 
of the territory, except such causes as would have been within the 
exclusive jurisdiction of the United States district court, had such 
court existed at the time of the commencement of such causes within 
such county, and the records, papers and proceedings of said district 
court, and the seal and other property pertaining thereto, shall pass 
into the jurisdiction and possession of the superior court of such 
county. And where the judge is elected for two or more counties, it 
shall be the duty of the clerk of the district court having custody of 
such papers and records to transmit to the clerk of such county or 
counties, other than that in which such records are kept, the original 
papers in all cases pending in such district and belonging to the juris- 
diction of such county or counties, together with transcript of so 
much of the records of said district court as relate to the same; and 
until the district courts of the territory shall be superseded in man- 
ner aforesaid, the said district courts and the judges thereof shall con- 



Washington— 1889 4007 

tinue with -the same jurisdiction and powers, to be exercised in the 
same judicial districts, respectively, as heretofore, constituted under 
the laws of the territory. Whenever a quorum of the judges of the 
supreme court of the state shall have been elected and qualified, the 
causes then pending in the supreme court of the territory, except 
such causes as would have been within the exclusive jurisdiction of 
the United States circuit court, had such court existed at the time of 
the commencement of such causes, and the papers, records and pro- 
ceedings of said court, and the seal and other property pertaining 
thereto, shall pass into the jurisdiction and possession of the supreme 
court of the state, and until so superseded, the supreme court of the 
territory and the judges thereof shall continue Avith like powers and 
jurisdiction as if this constitution had not been adopted. 

Sec. 9. Until otherwise provided by law, the seal now in use in the 
supreme court of the territory shall be the seal of the supreme court 
of the state. The seal of the superior courts of the several counties 
of the state shall be, until otherwise provided by laAv, the vignette of 
General George Washington, with the words : '' Seal of the superior 

court of county," surrounding the vignette. The seal of 

municipalities, and of all county officers of the territory, shall be the 
seals of such municipilities and county officers, respectively, under the 
state, until otherwise provided by law. 

Sec. 10. Wlien the state is admitted into the Union, and the supe- 
rior courts in their respective counties organized, the books, records, 
papers and proceedings of the probate court in each county, and all 
causes and matters of administration pending therein, shall, upon the 
expiration of the term of office of the probate judges, on the second 
Monday in January, 1891, pass into the jurisdiction and possession 
of the superior court of the same county created by this constitution, 
and the said court shall proceed to final judgment or decree, order or 
other determination, in the several matters and causes as the terri- 
torial probate court might have done if this constitution had not been 
adopted. And until the expiration of the term of office of the pro- 
bate judges, such probate judges shall perform the duties now im- 
posed upon them by the laws of the territory. The superior courts 
shall have appellate and revisory jurisdiction over the decisions of 
the probate courts, as now provided by law, until such latter courts 
expire by limitation. 

Sec. 11. The legislature, at its first session, shall provide for the 
election of all officers whose election is not provided for elsewhere in 
this constitution, and fix the time for commencement and duration 
of their term. 

Sec. 12. In case of a contest of election between candidates, at the 
first general election under this constitution, for judges of the supe- 
rior courts, the evidence shall be taken in the manner prescribed by 
the territorial laws, and the testimony so taken shall be certified to 
the secretary of state; and said officer, together with the governor 
and treasurer of state, shall review the evidence and determine who 
is entitled to the certificate of election. 

Sec. 13. One representative in the congress of the United States 
shall be elected from the state at large, at the first election provided 
for in this constitution ; and thereafter at such times and places and 



4008 Washington— 1889 

in such manner as may be prescribed by law. "Wlien a new appor- 
tionment shall be made by congress, the legislature shall divide the 
state into congressional districts, in accordance with such apportion- 
ment. The vote cast for representative in congress, at the hrst elec- 
tion, shall be canvassed and the result determined in the manner pro- 
vided for by the laws of the territory for the canvass of the vote for 
delegate in congress. 

Sec. 14. All district, county and precinct officers, who may be in 
office at the time of the adoption of this constitution, and the county 
clerk of each county elected at the first election, shall hold their re- 
spective offices until the second Monday of January, A. I). 1S91, and 
until such time as their successors may be elected and qualified, in 
accordance with the provisions of this constitution; and the official 
bonds of all such officers shall continue in full force and effect as 
though this constitution had not been adopted. And such officers 
shall continue to receive the compensation now provided until the 
same be changed by law. 

Sec. 15. The election held at the time of the adoption of this con- 
stitution shall be held and conducted in all respects according to the 
laws of the territory, and the votes cast at said election for all officers 
(where no other provisions are made in this constitution), and for the 
adoption of this constitution and the several separate articles, and the 
location of the state capital, shall be canvassed and returned in the 
several counties in the manner provided by territorial law, and shall 
be returned to the secretary of the territory in the manner provided 
by the enabling act. 

Sec. 1G. The provisions of this constitution shall be in force from 
the day on which the president of the United States shall issue his 
proclaination declaring the State of Washington admitted into the 
Union, and the terms of all officers elected at the first election under 
the provisions of this constitution shall commence on the Monday 
next succeeding the issue of said proclamation, unless otherwise pro- 
vided herein. 

Sec. 17. The following separate articles shall be submitted to the 
people for adoption or rejection at the election for the adoption of 
this constitution : Separate article Xo. 1. '"All persons, male and 
female, of the age of 21 years, or over, possessing the qualifications, 
provided by this constitution, shall be entitled to vote at all elec- 
tions.'' Separate article No. 2. " It shall not be lawful for any indi- 
vidual, company or corporation, within the limits of this state, to 
manufacture, or cause to be manufactured, or to sell, or offer for sale, 
or in any manner dispose of, any alcoholic, malt or spirituous liquors, 
except for medicinal, sacramental or scientific purposes." If a major- 
ity of the ballots cast at said election on said separate articles be in 
favor of the adoption of either of said separate articles, then such 
separate articles so receiving a majority shall become a part of this 
constitution and shall govern and control any provision of the consti- 
tution in conflict therewith." 

a Separate articles No. 1. No. 2, were both rejected at the election for adop- 
tion of the constitution, October 1, 1889. 



Washington— 1889 4009 

Sec. 18." The form of ballot to be used in voting for or against this 
constitution, or for or against the separate articles, or for the per- 
manent location of the seat of government, shall be: 

1. For the Constitution. 
Against the Constitution. 

2. For Woman Suffrage Article. 
Against Woman Suffrage Article. 

3. For Prohibition Article. 
Against Prohibition Article. 

4. For the permanent location of the seat of Government. 

[Name of place voted for.] 
Sec. 19. The legislature is hereby authorized to appropriate from 
the state treasury sufficient money to pay any of the expenses of this 
convention not provided for by the enabling act of congress. 

CERTIFICATE 

We, the undersigned, members of the convention to form a consti- 
tution for the State of Washington, which is to be submitted to the 
people for their adoption or rejection, do hereby declare this to be 
the constitution formed by us, and in testimony thereof, do hereunto 
set our hands, this twenty-second day of August, anno domini, one 
thousand eight hundred and eighty-nine. 

John P. Hoyt, President. 
Attest : 

Jno. I. BooGE, Chief Clerk. 



AMENDMENTS 

( Ameudmeut 1) 

Art. 16. Sec. 5. Investment of School Fund. — None of the per- 
manent school fund of this state shall ever be loaned to private per- 
sons or corporations, but it may be invested in national, state, county, 
municipal, or school district bonds. 

Adopted November, 1894. 

(Amendment 2) 

Art. 6. Sec. 1. Qualifications of Voters. — All male persons of the 
age of twenty-one years or over, possessing the following qualifica- 
tions, shall be entitled to vote at all elections: They shall be citizens 
of the United States; they shall have lived in the state one year, and 
in the county ninety days, and in the city, town, ward, or precinct 
thirty days immediately preceding the election at which they offer to 
vote; they shall be able to read and speak the English language: Pro- 
vided, That Indians not taxed shall never be allowed the elective 
franchise: And further provided, That this amendment shall not 
affect the right of franchise of any person who is now a qualified 
elector of this state. The Legislature shall enact laws defining the 
manner of ascertaining the qualifications of voters as to their ability 



4010 Washington— 1889 

to read and speak the English language, and providing for punish- 
ment of persons voting or registering in violation of the provisions of 
this section. 

Approved November, 1896. 

(Amendment 3) 

Art. 7, Sec. 2, was amended bjr adding the following proviso : '■^And 
provided further, That the Legislature shall have power, by appro- 
priate legislation, to exempt personal property to the amount of 
three hundred dollars for each head of a family liable to assessment 
and taxation under the j^rovisions of the laws of this state of which 
the individual is the actual bona fide owner." 

Approved November, 1900. 



WEST VIRGINIA*" 



For organic acts issued previous to 1862 relating to the land now included 
within West Virginia see in this worlj : 
Charter to Raleigh, 15S4 (p. 53). 
Charter of Virginia, 1609 (Virginia, p. 3790). 
Charter of Virginia, 1612 (Virginia, p. 3802). 
Ordinances for Virginia, 1621 (Virginia, p. 3810). 
Virginia Bill of Rights, 1776 (Virginia, p. 3812). 
Constitution of Virginia, 1776 (Virginia, p. 3812). 
Constitution of Virginia, 1830 (Virginia, p. 3819). 
Constitution of Virginia, 1850 (Virginia, p. 3829). 



ACT FOR THE ADMISSION OF WEST VIRGINIA— 1862 

[Thibty-seventh Congress, Second Session] 

An Act for the Admission of the State of " West Virginia " into the Union, and 

and for other purposes 

Wliereas the people inhabiting that portion of Virginia known as 
West Virginia did, by a convention assembled in the city of Wheel- 
ing, on the twenty-sixth of November, eighteen hundred and sixty- 
one, frame for themselves a constitution, Avith a view of becoming a 
separate and independent State; and whereas at a general election 
held in the counties composing the territory aforesaid, on the third 
day of May last, the said constitution was approved and adopted by 
the qualified voters of the proposed State; and whereas the legisla- 
ture of Virginia, by an act passed on the thirteenth day of May, eigh- 
teen hundred and sixty-two, did give its consent to the formation of a 
new State within the jurisdiction of the said State of Virginia, to be 
known by the name of West Virginia, and to embrace the following- 
named counties, to wit: Hancock, Brooke, Ohio, Marshall, Wetzel, 
Marion, Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie, 
Doddridge, Harrison, Wood, Jackson, Wirt, Eoane, Calhoun, Gilmer, 
Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Put- 
nam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wy- 
oming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh, 
Greenbrier, Monroe, Pendleton, Hardy, Hampshire, and Morgan; 
and whereas both the convention and the legislature aforesaid have 
requested that the new State should be admitted into he Union, and 

* Ordinances of the Convention assembled at Wheeling on the 11th of June, 
1861. Printed by authority of the Convention. Wheeling. Va : 1861. pp. 22. 

o This State was formed, in 1861, of the western counties of Virginia which 
had not seceded from the Union, and it was at first proposed to call it the State 
of Kanawha. 

4011 



4012 West Virginia— 1862-1863 

the constitution aforesaid being republican in form, Congress doth 
hereby consent that the said forty-eight counties may be formed into 
a separate and independent State. Therefore, 

Be it enacted hy the Setiate and House of Representatives of the 
United States, of America in Congress assembled^ That the State of 
West Virginia be, and is hereby, declared to be one of the United 
States of America, and admitted into the Union on an equal footing 
with the original States in all respects whatever, and until the next 
general census shall be entitled to three members in the House of 
Representatives of the United States: Provided always^ That this 
act shall not take effect until after the proclamation of the President 
of the United States hereinafter provided for. 

It being represented to Congress that since the convention of the 
twenty-sixth of November, eighteen hundred and sixty-one, that 
framed and proposed the constitution for the said State of West Vir- 
ginia, the people thereof have expressed a wish to change the seventh 
section of the eleventh article of said constitution by striking out the 
same and inserting the following in its place, viz : " The children of 
slaves born within the limits of this State after the fourth day of 
Julj^ eighteen hundred and sixty-three, shall be free; and that all 
slaves within the said State who shall, at the time aforesaid, be under 
the age of ten years, shall be free when they arrive at the age of 
twenty-one years ; and all slaves over ten and under twenty-one years 
shall be free when they arrive at the age of twenty-five years; and no 
slave shall be permitted to come into the State for permanent resi- 
dence therein :" Therefore, 

Sec. 2. Be it further enacted^ That whenever the people of AVest 
Virginia shall, through their said convention, and by a vote to be 
taken at an election to be held within the limits of the said State, at 
such time as the convention may provide, make, and ratify the change 
aforesaid, and properly certify the same under the hand of the presi- 
dent of the convention, it shall be lawful for the President of the 
United States to issue his proclamation stating the fact, and there- 
upon this act shall take effect and be in force from and after sixty 
days from the date of said proclamation. 

Approved, December 31, 1862. 



PROCLAMATION ANNOUNCING THE ADMISSION OF WEST VIR- 
GINIA— 1863 

By the President of the United States of America 
A PROCLAMATION 

Whereas, by the act of congress approved the 31st day of Decem- 
ber, last, the State of West Virginia was declared to be one of the 
United States of America, and was admitted into the Union on an 
equal footing with the original states in all respects whatever, upon 
the condition that certain changes should be duly made in the pro- 
posed constitution for that state : 

And whereas proof of a compliance with that condition, as required 
by the second section of the act aforesaid, has been submitted to me : 

Now, therefore, be it known, that I, Abraham Lincoln, President 



West Virginia— 1861-1863 ' 4013 

of the United States, do hereby, in pursuance of the act of congress 
aforesaid, declare and prochiim that the said act shall take effect and 
be in force from and after sixty days from the date hereof. 

In witness whereof, I have hereunto set my hand, and caused the 
seal of the United States to be affixed. 

Done at the city of Washington, this twentieth day of April, in 
the year of our Lord one thousand eight hundred and sixty- 
[l. s.] three, and of the Independence of the United States the 
eighty-seventh. 

Abraham Lincoln. 
By the President : 

William H. Seward, 

Secretary of State. 



TRANSFER OF TERRITORY TO WEST VIRGINIA— 1866 

[Thirty-ninth Congress, First Session] 

Joint Resolution giving the consent of Congress to tlie transfer of the oonnties 
of Berlveley and Jefferson to the State of West Virginia • 

Be it resolved by the Senate atuL House of Representatives of the 
United States of America in Congress assemhled. That Congress 
hereby recognizes the transfer of the counties of Berkeley and Jeffer- 
son from the State of Virginia to West Virginia, and consents thereto. 

Approved, March 10, 1866. 

CONSTITUTION OF WEST VIRGINIA— 1861-1863 « 
Article I 

THE STATE 

Section 1. The State of West Virginia shall be and remain one 
of the United States of America. The Constitution of the United 
States, and the laws and treaties made in pursuance thereof, shall be 
the supreme law of the land. 

Sec. 2. The following counties, formerly parts of the State of Vir- 
ginia, shall be included in, and form a part of, the State of West 
Virginia, namely : the counties of Hancock, Brooke, Ohio, Marshall, 
Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler, 
Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Cal- 
houn, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, 
Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, 

o This constitution was framed by a convention which assembled at Wheeling 
November 26, 1861, and completed Its labors February 18, 1862. It was sub- 
mitted to the people of the counties named April 3, 1862, and the returns 
received showed its ratification by 28,321 votes against 572 votes. The consent 
of the body recognized by the Federal Government as the legislature of Virginia 
was given, and Congress then passed an act, approved December 31. 1862, pro- 
viding for the admission of the new State, upon condition of the adoption of an 
amendment by the people represented in convention. This was done, and the 
State was admitted, with the amended constitution. 



4014 West Virginia— 1861-1863 

Logan, Wyoming, Mercer, McDowell, Webster, Pocahontas, Fayette, 
Ealeigh, Greenbrier, and Monroe. And if a majority of the votes 
cast at the election or elections held, as provided in the schedule 
hereof, in the district composed of the counties of Pendleton, Hardy, 
Hampshire, and Morgan shall be in favor of the adoption of this con- 
stitution, the said four counties shall also be included in, and form 
part of, the State of AYest Virginia ; and if the same shall be so 
included, and a majority of the votes cast at the said election or elec- 
tions in the district composed of the counties of Berkeley, Jefferson, 
and Frederick shall be in favor of the adoption of this constitution, 
then the three last-mentioned counties shall also be included in, and 
form a part of, the State of West Virginia. The State of West Vir- 
ginia shall also include so much of the bed, banks, and shores of the 
Ohio River as heretofore appertained to the State of Virginia, and 
the territorial rights and property in, and the jurisdiction of what- 
ever nature over, the said bed, banks, and shores heretofore reserved 
by, or vested in, the State of Virginia shall vest in and be hereafter 
exercised by the State of AYest Virginia. 

Sec. 3. The poAvers of government reside in all the citizens of the 
State, and can be rightfully exercised only in accordance with their 
will and appointment. 

Sec. 4. The legislative, executive, and judicial departments of the 
government shall be separate and distinct. Neither shall exercise the 
powers properly belonging to either of the others. No person shall 
be invested with or exercise the powers of more than one of them at 
the same time. 

Sec. 5. Writs, grants, and commissions, issued under State author- 
ity, shall run in the name of, and official bonds shall be made payable 
to, " the State of West Virginia.'' Indictments shall conclude, 
" against the peace and dignity of the State of West Virginia." 

Sec. 6. The citizens of the State are the citizens of the United 
States residing therein; but no person in the military, naval, or ma- 
rine service of the United States shall be deemed a resident of this 
State by reason of being stationed therein. 

Sec. 7. Every citizen shall be entitled to equal representation in 
the government, and in all apportionments of representation, equality 
of numbers of those entitled thereto shall, as far as practicable, be 
preserved. 

Article II 

BILL or RIGHTS 

Section 1. The privilege of the writ of haheas corpus shall not be 
suspended, except when in time of invasion, insurrection, or other 
l^ublic danger the public safety may require it. No person shall be 
held to answer for treason, felony, or other crime not cognizable by a 
justice, unless on presentment or indictment of a grand jury. No bill 
of attainder, ex post facto law, or law impairing the obligation of a 
contract shall be passed. 

Sec. 2. Excessive bail shall not be required, or excessive fines im- 
posed, or cruel and unusual punishments inflicted. Penalties shall 
be proportioned to the character and degree of the offence. No person 
shall be compelled to be a witness against himself, or be twice put 
in jeopardy for the same offence. 



West Virginia— 1861-1863 4015 

Se*;. 3. The right of the citizens to be secure in their houses, per- 
sons, papers, and effects against unreasonable searches and seizures 
shall not be violated. No warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons and things to be seized. 

Sec. 4. No law abridging freedom of speech or of the press shall 
be passed; but the legislature may provide for the restraint and 
punishment of the publishing and vending of obscene books, papers, 
and pictures, and of libel and defamation of character, and for the 
recovery, in civil actions, by the aggrieved party, of suitable damages 
for such libel or defamation. Attempts to justify and uphold an 
armed invasion of the State, or an organized insurrection therein, 
during the continuance of such invasion or insurrection, by publicly 
speaking, writing, or printing, or by publishing or circulating such 
writing or printing, may be, by law, declared a misdemeanor, and 
punished accordingly. 

Sec. 5. In prosecutions and civil suits for libel the truth may be 
given in evidence; and if it shall appear to the jury that the matter 
charged as libellous is true, and was published with good motives and 
for justifiable ends, the verdict shall be for the defendant. 

Sec. 6. Private property shall not be taken for public use without 
just compensation. No person, in time of peace, shall be deprived of 
life, liberty, or property without due process of law. The military 
shall be subordinate to the civil power. 

Sec. 7. In suits at common law, where the value in controversy 
exceeds twenty dollars, the right of trial by jury, if required by either 
party, shall be preserved. No fact tried by a jury shall be otherwise 
reexamined in any case than according to the rules of the common law. 

Sec. 8. The trial of crimes and misdemeanors, unless herein other- 
wise provided, shall be by jury, and shall be held publicly and with- 
out unreasonable delay, in the county where the alleged offence was 
committed, unless upon petition of the accused and for good cause 
shown, or in consequence of the existence of war or insurrection in 
such county, it is removed to, or instituted in, some other county. In 
all such trials the accused shall be informed of the character and cause 
of the accusation, and be confronted with the witnesses against him, 
and shall have the assistance of counsel for his defence, and com- 
pulsory process for obtaining witnesses in his favor. 

Sec. 9. No man shall be compelled to frequent or support any 
religious worship, place, or ministry whatsoever; nor shall any man 
be enforced, restrained, molested, or burdened in his body or goods, or 
otherwise suffer, on account of his religious 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 no wise affect, diminish, or 
enlarge their civil capacities. And the legislature 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 State, to levy on themselves or others any tax for the 
erection or repair of any house for public worship, or for the support 
of any church or ministry ; but it shall be left free to every person to 
select his religious instructor, and to make for his support such 
private contract as he shall please. 



4016 West Virginia— 1861-1863 

Sec. 10. Treason against the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. 
Treason shall be punished, according to the character of the acts com- 
mitted, by the infliction of one or more of the penalties of death, im- 
prisonment, fine, or confiscation of the real and personal property of 
the offender, as may be prescribed by law. 

Article III 

ELECTIONS AND OFFICERS 

Section 1. The white male citizens of the State shall be entitled to 
vote at all elections held Avithin the election districts in which they 
respectively reside; but no person who is a minor, or of unsound 
mind, or a pauper, or who is under conviction of treason, felony, or 
bribery in an election, or who has not been a resident of the State for 
one year, and of the county in which he offers to vote for thirty days, 
next preceding such offer, shall be permitted to vote while such dis- 
ability continues." 

Sec. 2. In all elections by the people, the mode of voting shall be 
by ballot. 

Sec. 3. No voter during the continuance of an election at which he 
is entitled to vote, or during the time necessary and convenient for 
going to and returning from the same, shall be subject to arrest upon 
civil process, or be liable to attend any court or judicial proceeding 
as suitor, juror, or witness; or to work upon the public roads; or, 
except in time of war or public danger, to render military service. 

Sec. 4. No persons, except citizens entitled to vote, shall be elected 
or appointed to any State, county, or municipal office. Judges must 
have attained the age of thirty-five years, the governor the age of 
thirty years, and the attorney-general and senators the age of twenty- 
five years, at the beginning of their respective terms of service, and 
must have been citizens of the State for five j^ears next preceding, or 
at the time this constitution goes into operation. 

Sec. 5. Every person elected or appointed to any office or trust, 
civil or military, shall, before proceeding to exercise the authority 
or discharge the duties of the same, make oath or affirmation that he 
will support the Constitution of the United States, and the constitu- 
tion of this State; and every citizen of this State may, in time of 
war, insurrection, or public danger, be required by law to make like 
oath or affirmation, upon pain of suspension of his right of voting 
and holding office under this constitution. 

Sec. 6. All officers elected or appointed under this constitution may 
be removed from office for misconduct, incompetence, neglect of duty, 
or other causes, in such manner as may be prescribed by general laws ; 
and unless so removed, shall continue to discharge the duties of their 
respective offices until their successors are elected or appointed and 
qualified. 

o See amendment. 



West Virginia— 1861-1863 4017 

Sec. 7. The general elections of State and county officers, and of 
members of the legislature, shall be held on the fourth Thursday of 
October. The terms of such officers and members, not elected or 
appointed to fill a vacancy, shall, unless herein otherwise provided, 
begin on the first day of January next succeeding their election. 
Elections to fill vacancies shall be for the unexpired term. Vacancies 
shall be filled in such manner as may be prescribed by law. 

Sec. 8. The legislature, in cases not provided for in this constitu- 
tion, shall prescribe by general laws the terms of office, powers, duties, 
and compensation of all public officers and agents, and the manner 
in which they shall be elected, appointed, and removed. 

Sec. 9. No extra compensation shall be granted or allowed to any 
public officer, agent, or contractor, after the services shall have been 
rendered, or the contract entered into. Nor shall the salary or com- 
pensation of any public officer be increased or diminished during his 
term of office. 

Sec. 10. Any officer of the State may be impeached for maladmin- 
istration, corruption, incompetence, neglect of duty, or any high 
crime or misdemeanor. The house of delegates shall have the sole 
power of impeachment. The senate shall have the sole power to 
try impeachments. When sitting for that purpose, the senators shall 
be on oath or affirmation; and no person shall be convicted without 
the concurrence of two-thirds of the members present. Judgment 
in cases of impeachment shall not extend further than to removal 
from office and disqualification to hold any office of honor, trust, or 
profit under the State; but the party convicted shall, nevertheless, 
be liable and subject to indictment, trial, judgment, and punishment 
according to law. The senate may sit during the recess of the legisla- 
ture, for the trial of impeachments. 

Sec. 11. Any citizen of this State, w^ho shall, after the adoption of 
this constitution, either in or out of the State, fight a duel with deadly 
weapons, or send or accept a challenge so to do ; or who shall act as a 
second, or knowingly aid or assist in such duel, shall ever thereafter 
be incapable of holding any office of honor, trust, or profit under this 
State. 

Sec. 12. The legislature may provide for a registry of voters. They 
shall prescribe the manner of conducting and making returns of elec- 
tions, and of determining contested elections; and shall pass such 
law^s as may be necessary and proper to prevent intimidation, dis- 
order, or violence at the polls, and corruption or fraud in voting. 

Article IV 

LEGISLATURE 

Section 1. The legislative power shall be vested in a senate and 
house of delegates. The style of their acts shall be, " Be it enacted hy 
the legislature of West Virginia.'''' 

Sec. 2. The senate shall be composed of eighteen, and the house 
of delegates of forty-seven members, subject to be increased accord- 
ing to the provisions hereinafter contained. 

Sec. 3. The term of office of senators shall be two years, and that of 
delegates one year. The senators first elected shall divide themselves 



4018 West Virginia— 1861-1863 

into two classes, one senator from every district being assigned to each 
class; and of these classes, the first, to be designated by lot in such 
manner as the senate may determine, shall hold their offices for one 
year, and the second for two years; so that after the first election 
one-half of the senators shall be elected annually. 

Sec. 4. For the election of senators, the State shall be divided into 
nine senatorial districts, which number shall not be diminished, but 
may be increased as hereinafter provided. Every district shall choose 
two senators, but after the first election both shall not be chosen from 
the same county. The districts shall be equal, as nearly as practica- 
ble, in white population, according to the returns of the United States 
census. They shall be compact, formed of contiguous territory, and 
bounded by county lines. After every such census the legislature 
shall alter the senatorial districts, so far as may be necessary to make 
them conform to the foregoing provisions. 

Sec. 5. Any senatorial district may at any time be divided by 
county lines or otherwise, into two sections, which shall be equal, as 
nearly as practicable, in white population. If such division be made, 
each section shall elect one of the senators for the district; and the 
senators so elected shall be classified in such manner as the senate may 
determine. 

Sec. 6. Until the senatorial districts are altered by the legislature 
after the next census, the counties of Hancock, Brooke, and Ohio 
shall constitute the first senatorial district ; Marshall, Wetzell, and 
Marion the second; Monongalia, Preston, and Taylor the third; 
Pleasants, Tyler, Ritchie, Doddridge, and Harrison the fourth ; Wood, 
Jackson, Wirt, Roane, Calhoun, and Gilmer the fifth ; Barbour, 
Tucker, Lewis, Braxton, ITpshur, and Randolph the sixth ; Mason, 
Putnam, Kanawha, Clay, and Nicholas the seventh; Cabell, Wayne, 
Boone, Logan, Wyoming, Mercer, and McDowell the eighth; and 
Webster, Pocahontas, Fayette, Raleigh, Greenbrier, and Monroe the 
ninth. 

Sec. 7. For the election of delegates, every county containing a 
white population of less than half the ratio of representation for the 
house of delegates, shall, at each apportionment, be attached to some 
contiguous county or counties, to form a delegate district. 

Sec. 8. A'^lien two or more counties are formed into a delegate 
district, the legislature shall provide by law that the delegates to 
be chosen by the voters of the district shall be in rotation, residents 
of each county, for a greater or less number of terms, proportioned 
as nearly as can be conveniently done to the white population of the 
several counties in the district. 

Sec. 9. After ever}^ census the delegates shall be apportioned as 
follows : 

The ratio of representation for the house of delegates shall be 
ascertained by dividing the whole white population of the State by 
the number of which the house is to consist and rejecting the fraction 
of a unit, if any, resulting from such division. 

Dividing the white population of every delegate district, and of 
every county not included in a delegate district, by the ratio thus 
ascertained, there shall be assigned to each a number of delegates 
equal to the quotient obtained by this division, excluding the frac- 
tional remainder. 



West Virginia— 1861-1863 4019 

The additional delegates necessary to make up the number of which 
the house is to consist shall then be assigned to those delegate districts 
and counties not included in a delegate district, which would other- 
wise have the largest fractions unrepresented. But every delegate 
district and county not included in a delegate district shall be entitled 
to at least one delegate. 

Sec. 10. Until a new apportionment is declared, the counties of 
Pleasants and Wood shall form the first delegate district; Calhoun 
and Gilmer the second; Clay and Nicholas the third; Webster and 
Pocahontas the fourth ; Tucker and Kandolph the fifth ; and McDow- 
ell, Wyoming, and Raleigh the sixth. The first delegate district 
shall choose two delegates, and the other five one each. 

Sec. 11. The delegates to be chosen by the first delegate district 
shall, for the first term, both be residents of the county of AVood, and 
for the second term, one shall be a resident of Wood, and the other 
of Pleasants County; and so in rotation. The delegate to be chosen 
by the second delegate district shall, for the first term, be a resident 
of Gilmer, and for the second of Calhoun County. The delegate to 
be chosen by the third delegate district shall, for the first two terms, 
be a resident of Nicholas, and for the third term of Clay County. 
The delegate to be chosen by the fourth delegate district shall, for the 
first two terms, be a resident of Pocahontas, and for the third term 
of Webster County. The delegate to be chosen by the fifth delegate 
district shall, for the first three terms, be a resident of Randolph, 
and for the fourth term of Tucker County. And the delegate to be 
chosen by the sixth delegate district shall, for the first term, be a 
resident of Raleigh, for the second term of Wyoming, for the third 
term of Raleigh, for the fourth term of Wyoming, and for the fifth 
term of McDowell County ; and so, in each case, in rotation. 

Sec. 12. Until a new apportionment is declared, the apportionment 
of delegates to the counties not included in delegate districts shall be 
as follows: 

To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette, 
Hancock, Jackson, Lewis, Logan, Mason, Mercer, Putnam, Ritchie, 
Roane, Taylor, Tyler, Upshur, Wayne, Wetzel, and Wirt Counties, 
one delegate each. 

To Harrison, Kanawha, Marion, Marshall, Monongalia, and Pres- 
ton Counties, two delegates each. 

To Ohio County, three delegates. 

To Greenbrier and Monroe Counties together, three delegates; of 
whom, for the first term, two shall be residents of Greenbrier and one 
of Monroe County ; and for the second term, two shall be residents of 
Monroe and one of Greenbrier County; and so in rotation. 

Sec. 13. If the counties of Pendleton, Hardy, Hampshire, and 
Morgan become part of this State, they shall, until the next appor- 
tionment, constitute the tenth senatorial district, and choose two 
senators. And if the counties of Frederick, Berkeley, and Jefferson 
becomes part of this State, they shall, until the next apportionment, 
constitute the eleventh senatorial district and choose two senators. 
And the number of the senate shall be, in the first case, twenty, and in 
the last twenty-two, instead of eighteen. 

Sec. 14. If the seven last-named counties become part of this State, 
the apportionment of delegates to the same shall, until the next appor- 



4020 West Virginia— 1861-1863 

tionment, be as follows: To Pendleton and Hardy, one each; to 
Hampshire, Frederick, and Jefferson, two each; and the counties of 
Morgan and Berkeley shall form the seventh delegate district, and 
choose two delegates; of whom, for the first term, one shall be a resi- 
dent of Berkele}^ and the other of Morgan County; and for the sec- 
ond term, both shall be residents of Berkeley County; and so in 
rotation. 

But if the counties of Pendleton, Hardy, Hampshire, and Morgan 
become part of the State, and Frederick, Berkeley, and Jefferson do 
not, then Pendleton, Hardy, and jNIorgan Counties shall each choose 
one delegate, and Hampshire two, until the next apportionment. 

The number of the house of delegates shall, instead of forty-seven, 
be in the first case fifty-seven, and in the last, fifty-two. 

Sec. 15. The arrangement of senatorial and delegate districts, and 
appointment of delegates, shall hereafter be declared by law, as soon 
as possible after each succeeding census taken by authority of the 
United States. "\Mien so declared, they shall ai)ply to the first gen- 
eral election for members of the legislature to be thereafter held, and 
shall continue in force unchanged until such districts are altered and 
delegates apportioned under the succeeding census. 

Sec. 16. Additional territory may be admitted into and become 
part of this State with the consent of the legislature. And in such 
case provision shall be made by law for the representation of the 
white poi^ulation thereof in the senate and house of delegates, in con- 
formity with the principles set forth in this constitution. And the 
number of members of which each branch of the legislature is to con- 
sist shall thereafter be increased by the representation assigned to 
such additional territory. 

Sec. 17. Xo person shall be a member of the legislature who shall 
not have resided within the district or county for which he was chosen 
one year next ]:)receding his election ; and if a senator or delegate 
remove from the district or county for which he was chosen, his 
office shall be thereby vacated. 

Sec. 18. Xo person holding an office of profit under this State or 
the United States shall be a member of the legislature. 

Sec. 19. Xo person who may have collected or Ijeen entrusted with 
public money, whether State, county, township, or municipal, shall 
be eligible to the legislature, or to any office of honor, trust, or profit, 
until he shall have duly accounted for and paid over such money 
according to law. 

Sec. 20. The legislature shall meet once in every year, and not 
oftener, unless convened by the governor. The regular sessions shall 
begin on the third Tuesday of Januar3^ 

Sec. 21. The governor may convene the legislature, by proclama- 
tion, whenever, in his opinion, the public safety or welfare shall 
require it. It shall be his dutv to convene them on application of a 
majority of the members elected to each branch. 

Sec. 22. The seat of government shall be at the city of Wheeling 
until a permanent seat of government be established by law. 

Sec. 23. Allien, for any cause, the legislature, in the opinion of the 
governor, cannot safely meet at the seat of government, the governor, 
by proclamation, may convene them at another place. 



West Virginia— 1861-1863 4021 

Sec. 24. "No session of the legislature, after the first, shall continue 
longer than forty-five days, without the concurrence of three-fourths 
of the members elected to each branch. 

Sec. 25. Neither branch, during the session, shall adjourn for more 
than two days without the consent of the other. Nor shall either, 
without such consent, adjourn to any other place than that in which 
the legislature is then sitting. 

Sec. 26. Each branch shall be the judge of the elections, qualifica- 
tions, and returns of its own members. 

Sec. 27. A majority of each branch shall constitute a quorum to do 
business. But a smaller number may adjourn from day to day, and 
compel the attendance of absent members, in such manner as shall be 
prescribed by law. 

Sec. 28. The senate shall choose from their own body a president, 
and the house of delegates one of their own number as speaker. 
Each branch shall appoint its own officers and remove them at pleas- 
ure, and shall determine its own rules of proceeding. 

Sec. 29. Each branch may punish its own members for disorderly 
behavior; and, with the concurrence of two-thirds of the members 
present, expel a member, but not a second time for the same offence. 

Sec. 30. Each branch shall have the power necessary to provide for 
its own safety, and the undisturbed transaction of its business, and 
may punish, by imprisonment, any person, not a member, for disre- 
spectful behavior in its presence, obstructing any of its proceedings, 
or any of its officers in the discharge of his duties ; or for any assault, 
threatening, or abuse of a member for words spoken in debate. But 
such imprisonment shall not extend beyond the termination of the 
session, and shall not prevent the punishment of any offence by the 
ordinary course of law. 

Sec. 31. For words spoken in debate, or any report, motion, or 
proposition made, in either branch, a member shall not be questioned 
in any other place. 

Sec. 32. Members of the legislature shall, in all cases except trea- 
son, felony, and breach of the peace, be privileged from arrest during 
the session, and for ten days before and after the same. 

Sec. 33. Senators and delegates shall receive for their services a 
compensation not exceeding three dollars a day during the session of 
the legislature, and also ten cents for every mile they shall travel in 
going to and returning from the place of meeting by the most direct 
route. The president of the senate and speaker of the house shall, 
respectively, receive an additional compensation of two dollars a day. 

Sec. 34. Bills and resolutions may originate in either branch, to be 
passed, amended, or rejected by the other. 

Sec. 35. No bill shall become a law until, it has been fully and dis- 
tinctly read on three different days in each branch, unless, in cases of 
urgency, three-fourths of the members present dispense with this rule. 

Sec. 36. No law shall embrace more than one object, which shall be 
expressed in its title. 

Sec. 37. On the passage of every bill, the vote shall be taken by 
yeas and nays, and be entered on the journal; and no bill shall be 
passed by either branch without the affirmative, vote of a majority of 
the members elected thereto. 

7535— VOL 7—09—16 



4022 West Virginia— 1862-1863 

Sec. 38. The presiding officer of each branch shall sign, before the 
close of the session, all bills and joint resolutions passed by the legis- 
lature. 

Sec. 39. Each branch shall keep a journal of its proceeding, and 
cause the same to be published from time to time; and the yeas and 
nays on any question, if called for by one-fifth of those present, shall 
be entered on the journal. 

Article V 

EXECUTIVE 

Section 1. The chief executive power shall be vested in a governor, 
who shall be elected by the voters of the State, and hold his office for 
the term of two years, to commence on the fourth day of March next 
succeeding his election. The person acting- as governor shall not be 
elected or appointed to any other office during his term of service. 

Sec. 2. The governor shall reside at the seat of government ; shall 
receive two thousand dollars for each year of his service, and, during 
his continuance in office, shall receive no other emolument from this 
or any other government. 

Sec. 3. The governor shall be commander-in-chief of the military 
forces of the State; shall have jjower to call out the militia to repel 
invasion, suppress insurrection, and enforce the execution of the laws; 
shall conduct in person, or in such manner as may be prescribed by 
law, all intercourse with other States; and, during the recess of the 
legislature, shall fill temporarily all vacancies in office, not provided 
for by this constitution or the legislature, by commissions to expire at 
the end of thirty days after the commencement of the succeeding 
session of the legislature. He shall take care that the laws be faith- 
fully executed ; communicate to the legislature at each session thereof 
the condition of the State, and recommend to their consideration such 
measures as he may deem expedient. He shall have power to remit 
fines and penalties in such cases and under such regulations as may be 
prescribed by law ; to commute capital punishment, and, except when 
the prosecution has been carried on by the house of delegates, to grant 
reprieves and pardons after conviction; but he shall communicate to 
the legislature, at each session, the particulars of every case of fine or 
penalty remitted, of punishment commuted, and of reprieve or par- 
don granted, with his reasons for remitting, commuting, or granting 
the same. 

Sec. 4. The governor may require information in writing from the 
officers of the executive department, upon any subject pertaining to 
their respective offices, and also the opinion in writing of the attorney- 
general upon any question of law relating to the business of the execu- 
tive department. 

Sec. 5. Returns of the election of governor shall be made, in the 
manner and by the persons designated by the legislature, to the secre- 
tary of the State, who shall deliver them to the speaker of the house 
of delegates on the first day of the next session of the legislature. 
The speaker shall, within ten days thereafter, in the presence of a 
majority of each branch of the legislature, open the said returns, when 
the votes shall be counted. The person having the highest number of 
votes, if duly qualified, shall be declared elected ; but if two or more 



West Virginia— 1861-1863 4023 

have the highest and an equal number of votes, one of them shall 
thereui^on be chosen governor by the joint vote of the two branches. 
Contested elections for governor shall be decided by a like vote, and 
the mode of proceeding in such cases shall be prescribed by law. 

Sec. 6, In case of the removal of the governor from office, or of his 
death, failure to qualify within the time prescribed by law, resigna- 
tion, removal from the seat of government, or inability to discharge 
the duties of the office, the said office, with its compensation, duties, 
and authority, shall devolve upon the president of the senate ; and in 
case of his inability or failure from any cause to act, on the speaker 
of the house of delegates. The legislature shall provide by law for 
the discharge of the executive functions in other necessary cases. 

Sec. 7. A secretary of state, a treasurer, and an auditor shall be 
elected at the same time and for the same term as the governor. Their 
duties shall be prescribed by law. The secretary of the State shall 
receive thirteen hundred, the treasurer fourteen hundred, and the 
auditor fifteen hundred dollars per annum. 

Sec. 8. The governor shall nominate and, by and with the advice 
and consent of the senate, appoint all military officers above the rank 
of colonel. 

Article VI 

JUDICIARY 

Section 1. The judicial power of the State shall be vested in a 
supreme court of appeals and circuit courts, and such inferior tribu- 
nals as are herein authorized. 

Sec. 2. . The State shall be divided into nine circuits. The counties 
of Hancock, Brooke, Ohio, and Marshall shall constitute the first; 
Monongalia, Preston, Tucker, and Taylor the second; Marion, Har- 
rison, and Barbour the third; Wetzel, Tyler, Pleasants, Ritchie, 
Doddridge, and Gilmer the fourth; Randolph, Upshur, Calhoun, 
Roane, Jackson, and Clay the sixth ; Kanawha, Mason, Putnam, and 
Fayette the seventh; Cabell, Wayne, Boone, Logan, Wyoming, and 
Raleigh the eighth ; and Pocahontas, Greenbrier, Monroe, Mercer, 
and McDowell the ninth. If the counties of Pendleton, Hardy, 
Hampshire, and Morgan become a part of the State, they shall consti- 
tute another circuit, to be called the tenth. And if the counties of 
Frederick, Berkeley, and Jefferson become a part of this State, they 
shall constitute the eleventh circuit. 

Sec. 3. The legislature may, from time to time, rearrange the cir- 
cuits; and after the expiration of five years from the time this con- 
stitution goes into operation, and thereafter, at periods of ten years, 
may increase or diminish the number of circuits, or the number of 
courts in a year, as necessity may require. 

Sec. 4. For each circuit a judge shall be elected by the voters 
thereof, who shall hold his office for the term of six years. During 
his continuance in office he shall reside in the circuit of which he is 

Sec. 5. A circuit court shall be held in every county at least four 
times a year, unless otherwise provided by law, in pursuance of the 
third section of this article. The judges may be required or author- 
ized to hold the courts of their respective circuits alternately, and a 
judge of one circuit to hold a court in any other circuit. 



4024 West Virginia— 1861-1863 

Sec. 6. The circuit courts shall have the supervision and control 
of all proceedings before justices and other inferior tribunals, by 
mandamus, prohibition, or certiorari. They shall, except in cases 
confined exclusively by this constitution to some other tribunal, have 
original and general jurisdiction of all matters at law, where the 
amount in controversy, exclusive of interest, exceeds twenty dollars, 
and of all cases in equity, and of all crimes and misdemeanors. They, 
shall have appellate jurisdiction in all cases, civil and criminal, 
weher an appeal, writ of error, or supersedeas may be allowed to the 
judgment or proceedings of any inferior tribunal. They shall also 
have such other jurisdiction, whether supervisory, original, appellate, 
or concurrent, as may be prescribed by law. 

Sec. 7. The supreme court of appeals shall consist of three judges, 
any two of whom shall be a quorum. They shall be elected by the 
voters of the State, and shall hold their offices for the term of twelve 
years; except that of those first elected, one, to be designated by lot 
in such manner as they may determine, shall hold his office for four 
years; another, to be designated in like manner, for eight years, and 
the third for twelve years; so that one shall be elected every four 
years after the first election. 

Sec. 8. The supreme court of appeals shall have original jurisdic- 
tion in cases of habeas corpus.^ mandannus^ and prohibition. It shall 
have appellate jurisdiction in civil cases Avhere the matter in contro- 
versy, exclusive of costs, is of greater value or amount than two hun- 
dred dollars; in controversies concerning the title or boundaries of 
land, the probate of wills, the appointment or qualification of a per- 
sonal representative, guardian, committee, or curator, or concerning 
a mill, road, wa3% ferry, or landing, or the right of a corporation or 
county to levy tolls or taxes; and also in cases of luibeas corpus, man- 
damus, and prohibition, and cases involving freedom, or the consti- 
tutionalit}' of a law. It shall have appellate jurisdiction in criminal 
cases whei'e there has been a conviction for felony or misdemeanor 
in a circuit court, and such other appellate jurisdiction in both civil 
and criminal cases as may be prescribed by laAv. 

Sec. 9. AMien a judgment or decree is reversed or affirmed by the 
supreme court of appeals, every point made and distinctly stated in 
writing in the cause, and fairly arising uj^on the record of the case, 
shall be considered and decided, and the reasons therefor shall be 
concisely and briefly stated in writing, and preserved with the records 
of the case. 

Sec. 10. When any judge of the court of appeals is so situated in 
regard to any case pending before it as to make it improper for him 
to aid in the trial of the same, or is under any other disability, the 
remaining judges may call to their assistance a judge of the circuit 
court, who shall act as a judge of the court of appeals in the cases to 
which such disability relates. 

Sec. 11. Judges shall be commissioned by the governor. The 
salary of a judge of the supreme court of appeals shall be two thou- 
sand, and that of a judge of a circuit court eighteen hundred dollars 
per annum, and each shall receive the same allowance for neces.sary 
travel as members of the legislature. 

Sec. 12. No judge, during his term of office, shall hold any other 
office, appointment, or public trust, under this or any other govern- 
ment, and the acceptance thereof shall vacate his judicial office; nor 



West Virginia— 1861-1863 4025 

shall he, ilnring his continuance therein, be eligible to any political 
office. 

Sec. 13. Judges may be removed from office for misconduct, incom- 
petence, or neglect of duty, or on conviction of an infamous offence, 
by the concurrent vote of a majority of all the members elected to 
each branch of the legislature, and the cause of removal shall be 
entered on the journals. The judge against whom the legislature 
may be about to proceed shall receive notice thereof, accompanied by 
a copy of the causes alleged for his removal, at least twenty days 
before the day on which either branch of the legislature shall act 
thereon. 

Sec. 14. The officers of the supreme court of appeals shall be ap- 
pointed by the court, or by the judges thereof in vacation. Their 
duties, compensation, and tenure of office shall be prescribed by law. 

Sec. 15. The voters of each county shall elect a clerk of the circuit 
court, whose term of office shall be four j^ears. His duties and com- 
pensation, and the mode of removing him from office, shall be pre- 
scribed by law; and when a vacancy shall occur in the office, the 
judge of the circuit court shall appoint a clerk, who shall discharge 
the duties of the office until the vacancy is filled. In any case, in 
respect to which the clerk shall be so situated as to make it improper 
for him to act, the court shall appoint a substitute. 

Sec. 16. At every regular election of a governor, an attorney-gen- 
eral shall be elected. He shall be commissioned by the governor; 
shall jjerform such duties and receive such compensation as may be 
prescribed by law, and be removable in the same manner as the 
judges. 

Sec. it. The legislature may establish courts of limited jurisdiction 
within any incorporated town or city, subject to appeal to the circuit 
courts. 

Article VII 

COUNTIES AND TOWNSHIPS 

Section 1. Every county shall be divided into not less than three 
nor more than ten townships, laid off as compactly as practicable, 
with reference to natural boundaries, and containing, as nearly as 
practicable, an equal number of white population, but not less than 
four hundred. Each township shall be designated, " The township 

of 5 in the county of ," by which name it may sue and be 

sued. 

Sec. 2. The voters of each township, assembled in stated or special 
township meeting, shall transact all such business relating exclusively 
to their township as is herein, or may be by law, required or author- 
ized. They shall annually elect a supervisor, clerk of the township, 
surveyor of roads for each precinct in their township, overseer of the 
poor, and such other officers as may be directed by law. They shall 
also, every four years, elect one justice, and if the white population of 
their township exceeds twelve hundred in number, may elect an addi- 
tional justice; and every two years shall elect as many constables as 
justices. The supervisor, or, m his absence, a voter chosen by those 
present, shall preside at all township meetings and elections, and the 
clerk shall act as clerk thereof. 



4026 West Virginia— 1861-1863 

Sec. 3. The supervisors chosen in the townships of each county 
shall constitute a board to be known as " the supervisors of the county 

of ," by which name they may sue and be sued, and make and 

use a common seal, and enact ordinances and by-laws not inconsistent 
with the laws of the State. They shall meet statedly, at least four 
times in each year, at the court-house of their county, and may hold 
special and adjourned meetings. At their first meeting after the 
annual township election, and whenever a vacancy may occur, they 
shall elect one of their number president of the board, and appoint a 
clerk, who shall keep a journal of their proceedings, and transact 
such other business pertaining to his office as may be by them or by 
law required, and whose compensation they shall fix by ordinance 
and pay from the county treasur3^ 

Sec. 4. The board of supervisors of each county, a majority of 
whom shall be a quorum, shall, under such general regulations as may 
be i^rescribed by law, have the superintendence and administration of 
the internal affairs and fiscal concerns of their county, including the 
establishment and regulation of roads, public landings, ferries, and 
mills; the granting of ordinary and other licenses; and the laying, 
collecting, and disbursement of the county levies; but all writs of 
ad quod damnum shall issue from the circuit courts. They shall from 
time to time appoint the places for holding elections in the several 
townships of their county; and shall be the judges of the election, 
qualifications, and returns of their own meinbers, and of all county 
and township officers. 

Sec. 5. The voters of every county shall elect a sheriff, prosecuting 
attorney, surveyor of lands, recorder, one or more assessors, and such 
other comity officers as the legislature may from time to time direct 
or authorize; the duties of all of whom shall be prescribed and de- 
fined, as far as practicable, by general laws. All the said county 
officers shall hold their offices for two years, except the sheriff, whose 
term of office shall be four years. The same person shall not be 
elected sheriff for two consecutive full terms, nor shall any person who 
has acted as deputy of any sheriff be elected his successor, nor shall 
any sheriff' act as the deputy of his successor; but the retiring sheriff 
shall finish all business remaining in his hands at the expiration of his 
term, for which purpose his commission and official bond shall con- 
tinue in force. The duties of all the said officers shall be discharged 
by the incumbents thereof in person, or under their superintendence. 
The board of supervisors shall designate one or more constables of 
their respective counties to serve process and levy executions, when 
the sheriff thereof is a party defendant in a suit instituted therein, 
or is under any other disability. 

Sec. 6. The recorder, in addition to the duties incident to the 
recording of inventories, and other papers relating to estates, and 
deeds and other writings, the registering of births, marriages, and 
deaths, and the issuing of marriage licenses, shall have authority, 
under such regulations as may be prescribed by law, to receive proof 
of wills and admit them to probate, to appoint and qualify personal 
representatives, guardians, committees, and curators, to administer 
oaths, take acknowledgments of deeds and other writings, and relin- 
quishments of dower. 

Sec. 7. The legislature shall, at their first session, bj^ general laws, 
provide for carrying into effect the foregoing provisions of this 



West Virginia— 1861-1863 4027 

article. They shall also provide for commissioning such of the offi- 
cers therein mentioned as they may deem proper, and may require 
any class of them to give bond with security for the faithful discharge 
of the duties of their respective offices, and for accounting for and 
paying over, as required by*la.w, all money which may come to their 
hands by virtue thereof. They shall further provide for the compen- 
sation of the said officers by fees, or from the county treasury; and 
for the ai^pointment, when necessary, of deputies and assistants, 
whose duties and responsibilities shall be prescribed and defined by 
general laws. When the compensation of an officer is paid from the 
county treasury, the amounts shall be fixed by the board of super- 
visors, within limits to be ascertained by law. 

Sec. 8. The civil jurisdiction of a justice shall extend to actions 
of assumpsit, debt, detinue, and trover, if the amount claimed, ex- 
clusive of interest, does not exceed one hundred dollars, when the 
defendant resides, or, being a non-resident of the State, is found, or 
has effects or estate within his township, or when the cause of action 
arose therein; but any other justice of the same county may issue 
a summons to the defendant to appear before the justice of the proper 
township, which may be served by a constable of either township. 
In case of a vacancy in the office of justice or constable in any town- 
ship having but one, or of the disability to act of the incumbent, any 
other justice or constable of the same county may discharge the duties 
of their respective offices within the said township. The manner of 
conducting the aforesaid actions, and of issuing summonses and 
executions, and of executing and making return of the same, shall be 
prescribed by law; and the legislature may give to justices and con- 
stables such additional civil jurisdiction and powers, within their 
respective townships, as may be deemed expedient. 

Sec. 9. Every justice and constable shall be a conservator of the 
peace throughout his county, and have such jurisdiction and powers 
in criminal cases therein as may be prescribed by law. Jurisdiction 
of all misdemeanors and breaches of the peace, punishable by fine not 
exceeding ten dollars, or by imprisonment for not more than thirty 
days, may be, by law, vested in the justices. 

Sec. 10. Either party to a civil suit brought before a justice, where 
the value in controversy or the damages claimed exceeds twenty 
dollars, and the defendant in such cases of misdemeanor or breach 
of the peace as may be made by law cognizable by a single justice, 
when the penalty is imprisonment or a fine exceeding five dollars, 
shall be entitled to a trial by six jurors, if demanded, under such 
regulations as may be prescribed by law. 

Sec. 11. In all cases an appeal shall lie, under such regulations as 
may be prescribed by law, from the judgment or proceedings of a jus- 
tice or recorder, to the circuit court of the county, excepting judg- 
ments of justices in assumpsit, debt, detinue, and trover, and for 
fines, where the amount does not exceed ten dollars, exclusive of inter- 
est and costs, and where the case does not involve the freedom of a 
person, the validity of a law, or the right of corporation or county 
to levy tolls or taxes. 

Sec. 12. No new county shall be formed having an area of less than 
four hundred square miles; or if another be thereby reduced below 
that area ; or if any territory be thereby taken from a county contain- 
ing less than four hundred square miles. And no new county shall 



4028 West Virginia— ] 861- J 863 

be formed containing a white population of less than four thousand ; 
or if the white population of another county be thereby reduced below 
that number; or if any county containing less than four thousand 
white inhabitants be thereby reduced in area. But the legislature 
may, at any time, annex any county containing less than four thou- 
sand white inhabitants to an adjoining county or counties as a part 
thereof. 

Sec. 13. The board of supervisors may alter the bounds of a town- 
ship of their county, or erect new townships therein, with the consent 
of a majority of the voters of each township interested, assembled 
in stated township meeting or in a meeting duly called for the pur- 
pose, subject to the provisions of the first section of this article. 

Sec. 14. Nothing contained in this article shall impair or affect the 
charter of any municipal corporation, or restrict the power of the 
legislature to create or regulate such corporations. 

Article VIII 

TAXATION AND FINANCE 

Section 1. Taxation shall be equal and uniform throughout the 
State, and all property, both real and personal, shall be taxed in 
proportion to its value, to be ascertained as directed by law. No one 
species of property from which a tax may be collected shall be taxed 
higher than any other species of property of equal value; but prop- 
erty used for educational, literary, scientific, religious, or charitable 
purposes, and public property, may, by law, be exempted from 
taxation. 

Sec. 2. A capitation-tax of one dollar shall be levied upon each 
white male inhabitant who has attained the age of twenty-one years. 

Sec. 3. The legislature shall provide for an annual tax, sufficient 
to defray the estimated expenses of the State for each year; and, 
whenever the ordinaiT expenses of any year shall exceed the income, 
shall levy a tax for the ensuing year, sufficient, with other sources of 
income, to pay the deficiency, as well as the estimated expenses of 
such year. 

Sec. 4. No money shall be drawn from the treasury but in pursu- 
ance of appropriations made by law, and an accurate and detailed 
statement of the receipts and expenditures of the public money shall 
be published annually. 

Sec. 5. No debt shall be contracted by this State, except to meet 
casual 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. G. The credit of the State shall not be granted to or in aid of 
any county, city, town, township, corporation, or person, nor shall 
the State ever assume or become responsible for the debts or liabil- 
ities of any county, city, town, township, corporation, or person, 
unless incurred in time of war or insurrection for the benefit of the 
State. 

Sec. 7. The legislature may at any time direct a sale of the stocks 
owned by the State in banks and other corporations, but the proceeds 
of such sale shall be applied to the liquidation of the public debt; 
and hereafter the State shall not become a stockholder in any bank. 



West Virginia— 1861-186S 4029 

If the State become a stockholder in any association or corporation 
for purposes of internal improvement, such stock shall be paid for at 
the time of subscribing, or a tax shall be levied for the ensuing year, 
sufficient to pay the subscription in full. 

Sec. 8. An equitable proportion of the public debt of the common- 
wealth of Virginia prior to the first day of January, in the year one 
thousand eight hundred and sixty-one, shall be assumed by this 
State; and the legislature shall ascertain the same as soon as may be 
practicable, and provide for the liquidatioji thereof, by a sinking- 
fund sufficient to pay the accruing interest and redeem the principal 
within thirty-four years. 

Article IX 

FORFEITED AND UNAPPROPRIATED LANDS 

Section 1. All private rights and interests in lands in this State, 
derived from or under the laws of the State of Virginia prior to the 
time this constitution goes into operation, shall remain valid and 
secure, and shall be determined by the laws heretofore in force in the 
State of Virginia. 

Sec. 2. No entry by warrant on land in this State shall be hereafter 
made; and in all cases where an entry has been heretofore made and 
has been or shall be so perfected as to entitle the locator to a grant, 
the legislature shall make provision by law for issuing the same. 

Sec. 3. The legislature shall provide for the sale of all lands in this 
State heretofore forfeited to the State of Virginia for the non-pay- 
ment of the taxes charged thereon for the year one thousand eight 
hundred and' thirty-one, or any year previous thereto, or for the 
failure of the former owners to have the same entered on the land- 
books of the proper county and charged with the taxes due thereon 
for the said or any year previous thereto, under the laws of the 
State of Virginia, and also of all waste and unappropriated lands, by 
proceedings in the circuit courts of the county where such lands are 
situated. 

Sec. 4. All lands within this State, returned delinquent for non- 
payment of taxes to the State of Virginia since the year one thousand 
eight hundred and thirty-one, where the taxes, exclusive of damages, 
do not exceed twenty dollars; and all lands forfeited for the failure 
of the owners to have the same entered on the land-books of the 
proper county, and charged with the taxes chargeable thereon since 
the year one thousand eight hundred and thirty-one, where the tract 
does not contain more than one thousand acres, are hereby released 
and exonerated from forfeiture and from the delinquent taxes and 
damages charged thereon. 

Sec. 5. All lands in this State heretofore vested in the State of 
Virginia by forfeiture, or by purchase at the sheriffs' sales for delin- 
quent taxes, and not released or exonerated by the laws thereof, or 
bj^ the operation of the preceding section, may be redeemed by the 
former owners by payment to this State of the amount of taxes and 
damages due thereon at the time of such redemption, within five 
years form the day this constitution goes into operation ; and all such 
lands not so released, exonerated, or redeemed shall be treated as 
forfeited, and proceeded against and sold as provided in the third 
section of this article. 



4030 West Virginia— 1801-1863 

Sec. 6. The former owner of any tract of land in this State sold 
under the provisions of this article shall be entitled to receive the 
excess of the sum for which such tract may be sold over the taxes and 
damages charged and chargeable thereon, and the costs, if his claim 
be filed in the circuit court which decreed the sale, within two years 
thereafter. 

Article X 

EDUCATION 

Section 1. All money accruing to this State, being the proceeds ol 
forfeited, delinquent, waste, and unappropriated lands, and of lands 
heretofore sold for taxes and purchased by the State of Virginia, if 
hereafter redeemed, or sold to others than this State; all grants, 
devises, or bequests that may be made to this State for the purposes 
of education, or where the purposes of such grants, devises, or be- 
quests are not specified; this State's just share of the literary fund of 
Virginia, whether paid over or otherwise liquidated, and any sums 
of money, stocks, or property which this State shall have the right 
to claim from the State of Virginia for educational purposes; the 
proceeds of the estates of all persons who may die without leaving a 
will or heir, and of all escheated lands; the proceeds of any taxes 
that may be levied on the revenues of any corporation hereafter 
created ; all moneys that may be paid as an equivalent for exemption 
from military duty, and such sums as may from time to time be 
appropriated bv the legislature for the purj)ose, shall be set apart as 
a se])arate fund, to be called the school-fund, and invested under such 
regulations as may be prescribed by law, in the interest-bearing se- 
curities of the United States, or of this State, and the interest thereof 
shall be annually aj^plied to the support of free schools throughout 
the State, and to no other purpose whatever. But any portion of 
said interest remaining unexpended at the close of the fiscal year 
shall be added to and remain a part of the capital of the school-fund. 

Sec. 2. The legislature shall provide, as soon as practicable, for the 
establishment of a thorough and efficient system ' of free schools. 
They shall provide for the support of such schools by appropriating 
thereto the interest of the invested school-fund ; the net proceeds of 
all forfeitures, confiscations, and fines accruing to this State under the 
laws thereof; and by general taxation on persons and property, or 
otherwise. They shall also i^rovide for raising, in each township, by 
the authority of the j^eople thereof, such a proportion of the amount 
required for the supjDort of free schools therein as shall be prescribed 
by general laws. 

Sec. 3. Provision may be made by law for the election and pre- 
scribing the powers, duties, and compensation of a general superin- 
tendent of free schools for the State, whose term of office shall be the 
same as that of the governor, and for a county superintendent for 
each county, and for the election in the several townships, by the 
voters thereof, of such officers, not specified in this constitution, as 
may be necessary to carry out the objects of this article, and for the 
organization, whenever it may be deemed expedient, of a State board 
of instruction. 



West Virginia— 1861-1863 4031 

Sec. 4/ The legislature shall foster and encourage moral, intel- 
lectual, scientific, and agricultural improvement; they shall, when- 
ever it may be practicable, make suitable provision for the blind, 
mute, and insane, and for the organization of such institutions of 
learning as the best interests of general education in the State may 
demand. 

Article XI 

MISCELLANEOUS 

Section 1. No lottery shall be authorized by law ; and the buying, 
selling, .or transferring of tickets or chances in any lottery shall be 
prohibited. 

Sec. 2. No charter of incorporation shall be granted to any church 
or religious denomination. Provision may be made by general laws 
for securing the title to church property, so that it shall be held and 
used for the purpose intended. 

Sec. 3. The circuit courts shall have power, under such general 
regidations as may be prescribed by law, to grant divorces, change the 
names of persons, and direct the sales of estates belonging to infants 
and other i^ersons under legal disabilities; but relief shall not be 
granted by special legislation in such cases. 

Sec. 4. Laws may be passed regulating or prohibiting the sale of 
intoxicating liquor within the limits of this State. 

Sec. 5. The legislature shall pass general laws whereby any number 
of persons associated for mining, manufacturing, insuring, or other 
purpose useful to the public, excepting banks of circulation and the 
construction of works of internal improvement, may become a cor- 
poration, on complying with the terms and conditions thereby pre- 
scribed ; and no special act incorporating, or granting peculiar privi- 
leges to any joint-stock company or association, not having in view 
the issuing of bills to circulate as money or the construction of some 
work of internal improvement, shall be passed. No company or 
association authorized by this section shall issue bills to circulate as 
money. No charter of incorporation shall be granted under such 
general laws, unless the right be reserved to alter or amend such 
charter, at the pleasure of the legislature, to be declared by general 
laws. No act to incorporate any bank of circulation or internal-im- 
provement company, or to confer additional privileges on the same, 
shall be passed, unless public notice of the intended application for 
such act be given under such regulations as shall be prescribed by law. 

Sec. 6. For the election of Representatives to Congress, the State 
shall be divided into districts, corresponding in number with the 
Representatives to which it may be entitled; wdiich district shall be 
formed of contiguous counties, and be compact. Each district shall 
contain, as nearly as may be, an equal federal number, to be deter- 
mined according to the rule prescribed in the second section of the 
first article of the Constitution of the United States. 

Sec. 7. [The children of slaves born within the limits of this State 
after the fourth day of July, eighteen hundred and sixty-three, shall 
be free; and all slaves within the said State who shall, at the time 
aforesaid, be under the age of ten years shall be free when they 



4032 West Virginia— 1861-1863 

arrive at the age of twenty-one years; and all slaves over ten and 
under twenty-one years shall be free when they arrive at the age of 
twenty-five years; and no slave shall be permitted to come into the 
State for permanent residence therein.] '^ 

Sec. 8. Such parts of the common law and of the laws of the State 
of Virginia as are in force within the boundaries of the State of 
West Virginia when this constitution goes into operation, and are 
not repugnant thereto, shall be and continue the law of this State 
until altered or repealed by the legislature. All offences against 
the laws of Virginia heretofore committed within the boundaries 
of this State shall be cognizable in the courts of this State in the 
same manner the}?^ would be if hereafter committed within this State. 
All civil and criminal suits and jjroceedings pending in the county 
or circuit courts of the State of Virginia, held within the said 
boundaries, shall be docketed and thereafter proceeded in before the 
circuit court of the proper county; and all such suits and proceed- 
ings pending in the supreme and district courts of appeals of the 
State of Virginia, if the defendant in the court below resides within 
the said boundaries, or the subject of the suit is land or other prop- 
erty situated or being therein, and the plaintiff is entitled to prose- 
cute in this State, shall be docketed, and thereafter proceeded in 
before the su^jreme court of appeals thereof. 

Sec. 9. The records, books, papers, seals, and other property and 
appurtenances of the former circuit and count}' courts, within the 
State of West Virginia, shall be transferred to, and remain in, the 
care and custody of the circuit courts of the respective counties, to 
Avhich all process outstanding at the time this constitution goes 
into oj:)eration shall l)e returned, and by which new process in suits 
then pending, or previously determined, in the said former courts, 
may be issued in proper cases. Copies and transcripts of the records 
and j)roceedings of the said former courts shall be made and certified 
by the courts having the care and custody of such records and 
proceedings, or the proper officers thereof, and shall have the same 
force and effect as if they had been heretofore properly made and 
certified by the said former courts. 

Article XII 

AMENDMENTS 

Section 1. No convention shall be called having authority to alter 
the constitution of the State, unless it be in pursuance of a law 
passed by the affirmative vote of a majority of the members elected 
to each branch of the legislature, and providing that polls shall be 
held throughout the State, on some day therein specified, which 
shall not be less than three months after the passage of such law, 
for the purpose of taking the sense of the voters on the question of 
calling a convention. And such convention shall not be held unless 
a majority of the votes cast at such polls be in favor of calling the 

a The original form of section seven \A-as as follows : " No slave shall be 
brought, or free person of color be permitted to come, into this State for per- 
manent residence." Congress made the adoption of the clause in brackets a 
condition-precedent to admission into the Union; 



West Virginia— 1872 4033 

same; norshall members be elected to such convention, until at least 
one month after the result of the polls shall be duly ascertained, 
declared, and j^ublished. And all acts and ordinances of said con- 
vention shall be submitted to the voters of the State for ratification 
or rejection, and shall have no validity whatever until they are rati- 
fied, and in no event shall they, by any shift or device, be made to 
have any retrospective operation or effect. 

Sec. 2. Any amendment to the constitution of the State ma}^ be 
proposed in either branch of the legislature; and if the same, being 
read on three several days in each branch, be agreed to on its third 
reading, by a majority of the members elected thereto, the proposed 
amendment, with the yeas and nays thereon, shall be entered on the 
journals, and referred to the legislature at the first session to be held 
after the next general election; and shall be published, at least three 
months before such election, in some newspaper in every county in 
which a newspaper is printed. And if the proposed amendment be 
agreed to during such session, by a majority of the members elected 
to each branch, it shall be the duty of the legislature to provide by 
law for submitting the same to the voters of the State, for ratification 
or rejection. And if a majority of the qualified voters, voting upon 
the question at the polls held pursuant to such law, ratify the pro- 
posed amendment, it shall be in force from the time of such ratifica- 
tion as part of the constitution of the State. If two or more amend- 
ments be submitted at the same time, the vote on the ratification or 
rejection shall be taken on each separately. 

John Hall, President. 

Ellery R. Hall, /Secretary. 

AMENDMENT TO THE CONSTITUTION OF 1861-1863 

(Adopted in 1S6G) 

Art. III. Add to section 1 : No person who, since the first day of 
June, 1861, has given or shall give voluntary aid or assistance to 
the rebellion against the United States shall be a citizen of this 
State, or be allowed to vote at any election held therein, unless he 
has volunteered into the military or naval services of the United 
States, and has been or shall be honorably discharged therefrom. 



CONSTITUTION OF WEST VIRGINIA— 1872 * « 
Article I 

RELATIONS TO THE GOVERNMENT OE THE UNITED STATES . 

1. The State of West Virginia is, and shall remain, one of the 
United States of America. The Constitution of the United States 
of America, and the laws and treaties made in pursuance thereof, 
shall be the supreme law of the land. 

* Verified by " The Constitution of West Virginia as adopted in 1872, with 
amendments since made. C. W. Swislier, Secretary of State." 33 pp. 
" With the amendments since made. See Appendix. 



4034 West Virginia— 1872 

2. The government of the United States is a government of enu- 
merated powers, and all powers not delegated to it, nor inhibited 
to the States, are reserved to the States or to the people thereof. 
Among the powers so reserved to the States is the exclusive regula- 
tion of their own internal government and police ; and it is the high 
and solemn duty of the several departments of government, created 
by this Constitution, to guard and protect the people of this State 
from all encroachments upon the rights so reserved. 

3. The provisions of the Constitution of the United States, and of 
this State, are operative alike in a period of war as in time of peace, 
and any departure therefrom, or violation thereof, under the plea of 
necessity, or any other plea, is subversive of good government, and 
tends to anarchy and despotism. 

4. For the election of representatives to Congress, the State shall 
be divided into districts, corresponding in number with the repre- 
sentatives to which it may be entitled ; which districts shall be formed 
of contiguous counties, and be compact. Each district shall contain, 
as nearly as may be, an equal number of population, to be determined 
according to the rule j3rescribed in the Constitution of the United 
States. 

Article II 

THE STATE 

1. The territory of the following counties, formerly parts of the 
Commonwealth of Virginia, shall constitute and form the State of 
West Virginia, viz. : 

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, 
Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Green- 
brier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, 
KanaAvha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, 
McDowell, Mercer, Mineral, Mingo," Monongalia, Monroe, Morgan, 
Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, 
Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, 
Upshur, Wayne, AVebster, Wetzel, Wirt, Wood and Wyoming. The 
State of West Virginia includes the bed, bank and shores of the 
Ohio river, and so much of the Big Sandy river as was formerly 
included in the Commonwealth of Virginia ; and all territorial rights 
and propert}" in, and jurisdiction over the same, heretofore reserved 
by and vested in the Commonwealth of Virginia, are vested in and 
shall hereafter be exercised by the State of West Virginia. And 
such parts of the said beds, banks and shores, as lie opi^osite, and 
adjoining the several counties of this State, shall form parts of said 
several counties, respectively. 

2. The powers of government reside in all the citizens of the State, 
and can be rightfully exercised only in accordance with their will 
and appointment. 

3. All persons residing in this State, born, or naturalized in the 
United States, and subject to the jurisdiction thereof, shall be citizens 
of this State. 

4. Every citizen shall be entitled to equal representation in the gov- 
ernment, and, in all apportionments of representation, equality of 

"Mingo county created by Acts 1895. 



West Virginia— 1872 4035 

numbers t)f those entitled thereto, shall as far as practicable, be 
preserved. 

5. No distinction shall be made between resident aliens and citizens, 
as to the acquisition, tenure, disposition or descent of property. 

6. Treason against the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. 
Treason shall be j^unished, according to the character of the acts com- 
mitted, by the infliction of one, or more of the penalties, of death, 
imprisonment or fine, as may be prescribed by law. 

7. The present seal of the State with its motto, " Montani Semper 
Liberi,'' shall be the great seal of the State of West Virginia, and 
shall be kept by the Secretary of State, to be used by him officially, as 
directed by law. 

8. Writs, grants and commissions, issued under the authority of 
this State shall run in the name of, and official bonds shall be made 
payable to the State of West Virginia. Indictments shall conclude, 
"Against the peace and dignity of the State." 

Article III 

BILL or RIGHTS 

1. 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 acquir- 
ing and possessing property, and of pursuing and obtaining happiness 
and safety. 

2. All power is vested in, and consequently derived from, the peo- 
ple. Magistrates are their trustees and servants, and at all times 
amenable to them. 

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

4. The privilege of a writ of habeas corpus shall not be suspended. 
No person shall be held to answer for treason, felony or other crime 
not cognizable by a justice, unless on presentment or indictment of 
a grand jury. No bill of attainder, ex-post facto law, or law im- 
pairing the obligation of a contract, shall be passed. 

5. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishment inflicted. Penalties shall be pro- 
portioned to the character and degree of the offense. No person shall 
be transported out of, or forced to leave the State for any offense 
committed within the same; nor shall any person, in any criminal 
case, be compelled to be a witness against himself, or be twice put in 
jeopardy of life or liberty for the same offense. 



4036 West Virginia— 1872 

6. The right of citizens to be secure in their houses, persons, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated. No warrant shall issue except upon probable cause, 
supported by oath or affirmation, particularly describing the place 
to be searched, or the person or thing to be seized. 

7. No law abridging the freedom of speech, or of the press, shall 
be passed ; but the Legislature may by suitable penalties, restrain the 
publication or sale of obscene books, papers or pictures, and provide 
for the punishment of libel, and defamation of character, and for 
the recovery in civil actions, by the aggrieved party, of suitable 
damages for such libel, or defamation. 

8. In prosecutions, and civil suits for libel, the truth may be given 
in evidence ; and if it shall appear to the jury that the matter charged 
as libellous, is true, and was published with good motives, and for 
justifiable ends, the verdict shall be for the defendant! 

9. Private property shall not be taken or damaged for public use, 
without just comj)ensation; nor shall the same be taken by any com- 
pany, incorporated for the purpose of internal improvements, until 
just compensation shall have been paid or secured to be paid, to the 
owner; and when j)rivate property shall be taken, or damaged, for 
public use, or for the use of such corporations, the compensation 
to the owner shall be ascertained in such manner, as may be pre- 
scribed by general law; Provided, that when required by either of 
the parties, such compensation shall be ascertained by an impartial 
jury of twelve freeholders. 

10. No person shall be deprived of life, libertj^, or property, with- 
out due process of law, and the judgment of his peers. 

11. Political tests requiring persons, as a pre-requisite to the enjoy- 
ment of their civil and political rights, to purge themselves by their 
own oaths, of j^ast alleged offences, are repugnant to the principles 
of free government, and are cruel and oppressive. No religious or 
political test oath shall be required as a pre-requisite or qualification 
to vote, serve as a juror, sue, plead, appeal, or pursue any profession 
or employment. Nor shall any person be deprived by law, of any 
right, or privilege, because of any act done prior to the passage of 
such law. 

12. Standing armies in time of peace, should be avoided as danger- 
ous to liberty. The militar}^ shall be subordinate to the civil power; 
and no citizen, unless engaged in the military service of the State, 
shall be tried or punished by any military court, for any offense that 
it cognizable by the civil courts of the State. No soldier shall, in 
time of peace, be quartered in any house, without the consent of the 
owner; nor in time of war, except in the manner to be prescribed 
by law. 

13. [As amended — Acts 1879, p. 182.] In suits at common law, 
where the value in controversy exceed twenty dollars exclusive of 
interests and costs, the right of trial by jurv, if required by either 
party, shall be preserved; and in such suit before a justice a jury may 
consist of six persons. No fact tried by a jury shall be otherwise 
re-examined in any case than according to the rules of the common 
law. 

14. Trials of crimes, and of misdemeanors, unless herein otherAvise 
provided, shall be by a jury of twelve men, public, without unrea- 



West yirginia~1872 . 4037 

sonable delay, and in the county where the alleged offence was com- 
mitted, unless upon petition of the accused, and for good cause shown, 
it is removed to some other county. In all such trials, the accused 
shall be fully and plainly informed of the character and cause of 
the accusation, and be confronted w^ith the witnesses against him, and 
shall have the assistance of counsel, and a reasonable time to prepare 
for his defence; and there shall bo awarded to him compulsory 
process for obtaining witnesses in his favor. 

15. No man shall be compelled to frequent or support any religious 
Avorship, 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 no wise, affect, diminish 
or enlarge their civil capacities; and the legislature shall not prescribe 
any religious test whatever, or confer any peculiar privileges or ad- 
vantages on any sect or denomination, or pass any law requiring or 
authorizing any religious society, or the people of any district within 
this State, to levy on themselves, or others, any tax for the erection 
or rejDair of any house for public worship, or for the support of any 
church or ministry, but it shall be left free for every person to select 
his religious instructor, and to make for his support, such private 
contract as he shall please. 

16. The right of the people to assemble in a peaceable manner, to 
consult for the common good, to instruct their representatives, or to 
apply for redress of grievances, shall be held inviolate. 

17. The courts of this State shall be open, and every person, for 
an injury done to him, in his person, property or reputation, shall 
have remedy by due course of law; and justice shall be administered 
without sale, denial or delay. 

18. No conviction shall work corruption of blood or forfeiture of 
estate. 

19. No hereditary emoluments, honors, or privileges shall ever be 
granted or conferred in this State. 

20. Free government and the blessings of liberty can be preserved 
to any people only by a firm adherence to justice, moderation, tem- 
perance, frugality and virtue, and by a frequent recurrence to funda- 
mental principles. 

Article IV 

ELECTIONS AND OFFICERS 

1. The male citizens of the State shall be entitled to vote at all elec- 
tions held within the counties in which they respectively reside; but 
no person who is a minor, or of unsound mind, or a pauper, or who 
is under conviction of treason, felony, or bribery in an election, or 
who has not been a resident of the State for one year, and of the 
county in which he offers to vote, sixty days next preceding such 
offer, shall be permitted to vote while such disability continues; but 
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, 

7535— VOL 7—09 17 



4038 West Virginia— 1872 

2. In all elections by the people, the mode of voting shall be by 
ballot; but the voter shall be left free to vote by either open, sealed 
or secret ballot, as he may elect. 

3. No voter, during the continuance of an election at which he is 
entitled to vote, or during the time necessary and convenient for 
going to and returning from the same, shall be subject to arrest upon 
civil i^rocess, or be compelled to attend an}^ court, or judicial pro- 
ceeding, as suitor, juror or witness; or to work upon the public 
roads ; or, except in time of war or public danger, to render military 
service. 

4. No person, except citizens entitled to vote, shall be elected or 
appointed to any State, county or municipal oiRce ; but the Governor 
and Judges must have attained the age of thirty, and the Attorney 
General and Senators the age of twenty-fiv^e years, at the beginning 
of their respective terms of service; and must have been citizens of 
the State for five years next preceding their election or appointment, 
or be citizens at the time this Constitution goes into operation. 

5. Every j^erson elected or appointed to any office, before i:)roceed- 
ing to exercise the authority, or discharge the duties thereof, shall 
make oath or affirmation that he will support the Constitution of the 
United States and the Constitution of this State, and that he will 
faithfully discharge the duties of his said office to the best of his skill 
and judgment, and no other oath, declaration, or test shall be required 
as a qualification, unless herein otherwise provided. 

6. AH officers elected or appointed under this Constitution, may, 
unless in cases herein otherwise provided for, be removed from office, 
for official misconduct, incompetence, neglect of duty, or immorality, 
in such manner as may be prescribed by general laws, and unless so 
removed they shall continue to discharge the duties of their respective 
offices until their successors are elected, or appointed and qualified. 

7. [As amended — Acts 1883, p. 137.] The general elections of State 
and county officers, and of members of the legislature, shall be held 
on the Tuesday next after the first Monday in November, until other- 
wise provided by law. The terms of such officers not elected, or 
appointed to fill a vacancy, shall, unless herein otherwise provided, 
begin, on the first day of January ; and of the members of the legis- 
lature, on the first day of December next succeeding their election. 
Elections to fill vacancies shall be for the unexpired term. AA^ien 
vacancies occur prior to any general election, they shall be filled by 
appointments, in such manner as may be prescribed herein, or by 
general law, which appointments shall expire at such time after the 
next general election as the person so elected to fill such vacancy 
shall be qualified. 

8. The legislature, in cases not provided for in this Constitution, 
shall prescribe, by general laAvs, the terms of office, powers, duties 
and compensation of all public officers and agents, and the manner 
in which they shall be elected, appointed and removed. 

9. Any officer of the State mjiy be impeached for mal-administra- 
tion, corruption, incompetency, gross immorality, neglect of duty, or 
any high crime or misdemeanor. The House of Delegates shall have 
the sole power of impeachment. The Senate shall have the sole 
poAver to try impeachments, and no person shall be convicted without 
the concurrence of two-thirds of the members elected thereto. When 



West Virginia— 1872 4039 

sitting as a court of impeachment, the President of the Supreme 
Court of Appeals, or if from any cause it be improper for him to 
act, then any other judge of that court, to be designated by it, shall 
preside; and the Senators shall be on oath or affirmation to do justice 
according to law and evidence. Judgment in cases of impeachment 
shall not extend further than to removal from office, and disqualifica- 
tion to hold any office of honor, trust or profit, under the State ; but 
the party convicted shall be liable to indictment, trial, judgment and 
punishment, according to law. The Senate may sit during the recess 
of the Legislature, for the trial of impeachments. 

10. Any citizen of this State, who shall, after the adoption of this 
Constitution, either in, or out of the State, fight a duel with deadly 
weapons, or send or accept a challenge so to do, or who shall act as 
a second or knowingly aid, or assist in such duel, shall, ever there- 
after, be incapable of holding any office of honor, trust or profit in 
this State. 

11. The Legislature shall prescribe the manner of conducting and 
making returns of elections, and of determining contested elections; 
and shall pass such laws as may be necessary and proper to prevent 
intimidation, disorder or violence at the polls, and corruption or 
fraud in voting, counting the vote, ascertaining and declaring the 
result, or fraud in any manner, upon the ballot. 

12. [As amended in 1902, Acts 1001, p. 472.] The Legislature 
shall enact proper laws for the registration of all qualified voters in 
this State. 

Article V 

DIVISION or POWERS 

1. The Legislative, Executive and Judicial Departments shall be 
separate and distinct, so that neither shall exercise the powers prop- 
erly 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 the Legislature. 
» 

Article VI 

LEGISLATURE 

1. The legislative power shall be vested in a Senate and House of 
Delegates. The style of their Acts shall be, " Be it enacted by the 
Legislature of West Virginia." 

2. The Senate shall be composed of twenty-four, and the House of 
Delegates of sixty-five members,'^ subject to be increased according to 
the provisions hereinafter contained. 

3. Senators shall be elected for the term of four years and Delegates 
for the term of two years. The Senators first elected, shall divide 
themselves into two classes, one Senator from every district being 
assigned to each class ; and of these classes, the first to be designated 
by lot in such manner as the Senate may determine, shall hold their 
seats for two years; and the second for four years, so that after the 
first election, one-half of the Senators shall be elected biennially. 



4040 West Virginia— 1872 

4. For the election of Senators, the State shall be divided into 
twelve Senatorial Districts," which number shall not be diminished, 
but may be increased as hereinafter provided. Every district shall 
elect two Senators, but where the district is composed of more than 
one county, both shall not be chosen from the same county. The dis- 
tricts shall be compact, formed of contiguous territory, bounded by 
county lines, and, as nearly as practicable, equal in population, to be 
ascertained by the census of the United States. After every such 
census, the Legislature shall alter the Senatorial Districts, so far as 
may be necessary to make them conform to the foregoing provision. 

5. Until the Senatorial Districts^ shall be altered by the Legisla- 
ture as herein prescribed, the counties of Hancock, Brooke and Ohio 
shall constitute the first Senatorial District; Marshall, Wetzel and 
Marion, the second; Eitchie, Doddridge, Harrison, Gilmer and Cal- 
houn, the third ; Tyler, Pleasants, Wood and Wirt the fourth ; Jack- 
son, Mason, Putnam and Roane, the fifth; Kanawha, Clay, Nicholas, 
Braxton and Webster, the sixth, Cabell, Wayne, Lincoln, Boone, 
Logan, Wyoming, McDowell and Mercer, the seventh; Monroe, 
Greenbrier, Sunnners, Pocahontas, Fayette and Raleigh, the eightli; 
Lewis, Randolph, Ui:)shur, Barbour, Taylor and Tucker the ninth ; 
Preston and Monongalia, the tenth; Hampshire, Mineral, Hardy, 
Grant and Pendleton, the eleventh; Berkeley, ^lorgan and Jefferson, 
the twelfth. 

G. For the election of Delegates, every county containing a popula- 
tion of not less than three-fifths of the ratio of representation for the 
House of Delegates, shall, at each apj^ortionment, be attached to some 
contiguous county or counties, to form a Delegate District.*' 

7. After every census the Delegates shall be apportioned as follows: 
The ratio of representation for the House of Delegates shall be ascer- 
tained by dividing the whole population of the State by the number of 
which the House is to consist and rejecting the fraction of a unit, if 
any, resulting from such division. Dividing the population of every 
Delegate District, and of everv county not included in a Delegate 
District, by the ratio thus ascertained, there shall be assigned to each 
a number of Delegates equal to the quotient obtained by this (^ivision, 
excluding the fractional remainder. The additional Delegates neces- 
sary to make up the number of which the House is to consist, shall 
then be assigned to those Delegate Districts, and counties not included 
in a Delegate District, which would otherwise have the largest frac- 
tions unrepresented; but every Delegate District and county not 
included in a Delegate District shall be entitled to at least one 
Delegate. 

8. Until a new apportionment shall be declared, the counties of 
Pleasants and Wood shall form the first Delegate District, and elect 
three Delegates ; Ritchie and Calhoun the second, and elect two Dele- 
gates; Barbour, Harrison and Taylor the third, and elect one Dele- 
gate; Randolph and Tucker the fourth, and elect one Delegate; 
Nicholas, Clay and Webster the fifth, and elect one Delegate; Mc- 
Dowell and Wyoming the sixth, and elect one Delegate. 

o The Senate now consists of 30 and the House of Delegates of 80 members ; 
see Acts 1901, chap. 10. 

''There are now fifteen senatorial districts — see Acts li»()l, chap. 10. 

'■Since 1001 there have been no delegate districts; each county has at least 
one delegate ; see Acts 1901, chap. 10. 



West Virginia— 1872 4041 

9. Until a new apportionment shall be declared the apportionment 
of Delegates to the connties not inclnded in Delegate Districts, and to 
Barbour, Harrison and Taylor counties, embraced in such Districts, 
shall be as follows : 

To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette, 
Hampshire, Hancock, Jackson, Lewis, Logan, Greenbrier, Monroe, 
Mercer, Mineral, . Morgan, Grant, Hardy, Lincoln, Pendleton, Put- 
nam, Roane, Gilmer, Taylor, Tyler, Upshur, Wayne, Wetzel, Wirt, 
Pocahontas, Summers and Raleigh counties, one Delegate each. 

To Berkeley, Harrison, Jefferson, Marion, Marshall, Mjjson, Mo- 
nongalia and Preston counties two Delegates each. 

To Kanawha comity, three Delegates. 

To Ohio county, four Delegates. 

10. The arrangement of the Senatorial and Delegate Districts, and 
apportionment of Delegates, shall hereafter be declared by law, as 
soon as possible after each succeeding census, taken by authority of 
the United States. When so declared they shall apply to the first 
general election for members of the Legislature, to be thereafter held, 
and shall continue in force unchanged, until such Districts shall be 
altered, and Delegates apportioned, under the succeeding census. 

11. Additional territory may be admitted into, and become part of 
this State, with the consent of the Legislature and a majority of the 
qualified voters of the State, voting on the question. And in such 
case provision shall be made by law for the representation thereof in 
the Senate and House of Delegates, in conformity with the principles 
set forth in this Constitution. And the number of members of which 
each house of the Legislature is to consist, shall thereafter be in- 
creased by the representation assigned to such additional territory. 

12. No person shall be a Senator or Delegate who has not for one 
year next preceding his election, been a resident within the District 
or county from Avhich he is elected ; and if a Senator or Delegate 
remove from the District or county for which he was elected, his 
seat shall be thereby vacated. 

13. No person holding a lucrative office under this State, the United 
States, or any foreign government; no member of Congress; no per- 
son who is a salaried officer of any railroad company, or who is 
sheriff, constable, or clerk of any court of record, shall be eligible to 
a seat in the Legislature. 

14. No person Avho has been, or hereafter shall be convicted of brib- 
ery, perjury, or other infamous crime, shall be eligible to a seat in the 
Legislature. No person who may have collected or been entrusted 
with public money, whether State, county, township, district, or other 
municipal organization, shall be eligible to the Legislature, or to any 
office of honor, trust or profit in this State until he shall have duly 
accounted for and paid over such money according to law. 

15. No Senator or Delegate, during the term for which he shall 
have been elected, shall be elected or appointed to any civil office of 
profit under this State, which has been created, or the emoluments of 
which have been increased during such term, except offices to be filled 
by election by the people. Nor shall any member of the Legislature 
be interested, directly or indirectly, in any contract with the State, or 
any county thereof, authorized by any law passed during the term for 
which he shall have been elected. 



4042 West Virginia— 1872 

IG. Members of the Legislature, before they enter upon their duties, 
shall take and subscribe the following oath or affirmation : '•'" I do sol- 
emnly swear (or affirm) that 1 will support the Constitution of the 
United States, and the Constitution of the State of West Virginia, 
and faithfully discharge the duties of Senator (or Delegate) accord- 
ing to the best of my ability ; " and they shall also take this further 
oath, to-wit : '' I will not accept or receive, directly or indirectly, any 
money or other valuable thing, from any corporation, company, or 
person, for an}^ vote or influence I may give or Avithhold, as Senator 
(or Delegate), or any bill, resolution or appropriation, or for any act 
I may do or perform as Senator (or Delegate)." These oaths shall 
be administered in the hall of the house to which the member is 
elected, b}' a Judge of the Supreme Court of Appeals, or of a Circuit 
Court, or by any other person authorized by law to administer an 
oath; and the Secretary' of State shall record and file said oaths sub- 
scribed b)^ each member; and no other oath or declaration shall be 
required as a qualification. Any member who shall refuse to take the 
oath herein j^rescribed. shall forfeit his seat ; and any member who 
shall be convicted of having violated the oath last above required to 
be taken, shall forfeit his seat and be disqualified thereafter from 
holding any office of profit and trust in this State. 

17. Members of the Legislature shall, in all cases except treason, 
felony, and breach of the peace, be privileged from arrest during the 
session, and for ten days before and after the same; and for words 
spoken in debate, or any report, motion or proposition made in either 
house, a member shall not be questioned in any other place. 

18. The Legislature shall assemble at the seat of Government bien- 
nially and not oftener, unless convened by the Governor. The first 
session of the Legislature, after the adoption of this Constitution, 
shall commence on the third Tuesday of November, 1872, and the 
regular biennial session of the Legislature shall commence on the 
second Wednesday of January, 1875, and every two 3^ears thereafter, 
on the same day. 

19. The Governor may convene the Legislature by proclamation 
whenever, in his opinion, the public safety or welfare shall require it. 
It shall be his duty to convene it, on application in writing, of three- 
fifths of the members elected to each House. 

20. The seat of Government shall be at Charleston, until otherwise 
provided by law. 

21. The Governor may convene the Legislature at another place, 
when, in his opinion, it can not safely assemble at the seat of Govern- 
ment, and the Legislature may, when in session, adjourn to some other 
place, when in its opinion, the public safety or welfare, or the safety 
of the members, or their health shall require it. 

22. No session of the Legislature, after the first, shall continue 
longer than fortv-five days, without the concurrence of two-thirds of 
the members elected to each House. 

23. Neither House shall, during the session, adjourn for more than 
three days, without the consent of the other. Nor shall either, with- 
out such consent, adjourn, to any other place than that in which the 
Legislature is sitting. 

24. A majority of the members elected to each House of the Legis- 
lature, shall constitute a quorum. But a smaller number may ad- 
journ from day to day, and shall be authorized to compel the attend- 
ance of absent members, as each House may provide. Each House 



West Virginia— 187^ 4043 

shall determine the rules of its proceedings and be the judge of the 
elections, returns and qualifications of its own members. The Senate 
shall choose, from its own body, a President ; and the House of Dele- 
gates, from its own body, a Speaker. Each House shall appoint its 
own officers, and remove them at pleasure. The oldest Delegate pres- 
ent shall call the House to order, at the oi:)ening of each new house of 
Delegates, and preside over it until the Si:>eaker thereof shall have 
been chosen, and have taken his seat. The oldest member of the Sen- 
ate present at the commencement of each regular session thereof, shall 
call the Senate to order, and iDreside over the same until a President 
of the Senate shall have been chosen and have taken his seat. 

25. Each House may punish its own members for disorderly be- 
havior, and with the concurrence of two-thirds of the members elected 
thereto, expel a member, but not twice for the same offence. 

26. Each House shall have power to provide for its own safety, and 
the undisturbed transaction of its business, and may punish by 
imprisonment, any person not a member, for disrespectful behavior in 
its presence ; for obstructing any of its proceedings, or of its officers 
in the discharge of his duties, or for any assault, threat or abuse of a 
member, for words spoken in debate. But such imprisonment shall 
not extend beyond the termination of the session, and shall not pre- 
vent the punishment of any offence, by the ordinary course of law. 

27. Laws shall be enacted and enforced, by suitable provisions and 
jDenalties requiring sheriffs, and all other officers, whether State, 
county, district or municipal, who shall collect or receive, or whose 
official duty it is, or shall be, to collect, receive, hold or pay out any 
money belonging to, or which is, or shall be, for the use of the State 
or of any county, district, or municipal corporation, to make annual 
account and settlement therefor. Such settlement, when made, shall 
be subject to exceptions, and take such direction, and have only such 
force and effect, as may be provided by law ; but in all cases, such set- 
tlement shall be recorded, and be open to the examination of the peo- 
ple at such convenient place or places as may be apjiointed by law. 

28. Bills and resolutions may originate in either House, but may be 
passed, amended or rejected by the other. 

29. No bill shall become a law until it has been fully and distinctly 
read, on three different days, in each House, unless, in case of urgency, 
by a vote of four-fifths of the members present, taken by yeas and 
nays on each bill, this rule be dispensed with; Provided, in all cases, 
that an engrossed bill shall be fully and distinctly read in each House. 

30. No act hereafter passed shall embrace more than one object, and 
that shall be expressed in the title. But if any object shall be em- 
braced in an act which is not so expressed, the act sliall be void only 
as to so much thereof as shall not be expressed, and no law shall be 
revived, or amended, by reference t-o its title only ; but the law revived, 
or the section amended, shall be inserted at large, in the new act. 
And no act of the Legislature, except such as may be passed at the 
first session under this Constitution, shall take effect until the expira- 
tion of ninety days after its passage, unless the Legislature shall by a 
vote of two-thirds of the members elected to each House, taken by 
yeas and nays, otherwise direct. 

31. Wlien a bill or joint resolution passed by one House, shall be 
amended by the other, the question on agreeing to the bill, or joint 
resolution, as amended, shall be again voted on, by yeas and nays, in 
the House by which it was originally passed, and the result entered 



4044 West Virginia— 187^ 

upon its journals; in all such cases the affirmative vote of a majority 
of all the members elected to such House shall be necessary. 

32. ^\lienever the words, " a majority of the members elected to 
either House of the Legislature," or words of like import, are used in 
this Constitution, they shall be construed to mean a majority of the 
whole number of members to wdiich each House is, at the time, en- 
titled, under the apportionment of representation, established by the 
provisions of this Constitution. 

33. The members of the Legislature shall each receive for their serv- 
ices the sum of four dollars per day and ten cents for each mile trav- 
eled in going to and returning from the seat of government by the 
most direct route. The Speaker of the House of Delegates and the 
President of the Senate, shall each receive an additional compensation 
of two dollars per day for each day they shall act as presiding offi- 
cers. No other allowance or emolument than that by this section 
provided shall directly or indirectly be made or paid to the members 
of either House for postage, stationery, newspapers, or any other pur- 
pose whatever. 

34. The Legislature shall provide by law that the fuel, stationery 
and printing i)aper, furnished for the use of the State; the copying, 
printing, binding and distributing the laws and journals; and all 
other printing ordered by the Legislature, shall be let by contract to 
the lowest responsible bidder, bidding under a maximum price to be 
fixed hj the Legislature; and no member or officer thereof, or officer 
of the State, shall be interested, directly or indirectly, in such con- 
tract, but all such contracts shall be subject to the approval of the 
Governor, and in case of his disapproval of any such contract, there 
shall be a reletting of the same in the manner prescribed by law. 

35. The State of AVest Virginia shall never be made defendant in 
any court of law or equity. 

36. The Legislature shall have no power to authorize lotteries or 
gift enterprises for any purpose, and shall pass laws to jDrohibit the 
sale of lottery or gift enterprise tickets in this State. 

37. Xo law shall be passed after the election of any public officer, 
which shall operate to extend the term of his office. 

38. No extra compensation shall be granted or allowed to any public 
officer, agent, servant or contractor, after the services shall have been 
rendered or the contract made; nor shall any Legislature authorize 
the payment of any claim or part thereof, hereafter created against 
the State, under any agreement or contract made, without express 
authority of law ; and all such unauthorized agreements shall be null 
and void. Nor shall the salary of any public officer be increased or 
diminished during his term of office, nor shall any such officer, or his 
or their sureties be released from any debt or liability due the State; 
Prorided, The Legislature may make appropriations for expendi- 
tures hereafter incurred in suppressing insurrection, or repelling 
invasion. 

39. The Legislature shall not pass local or special laws in any of 
the following enumerated cases ; that is to say for : 

Granting divorces ; 

Laying out, opening, altering and working roads or highways ; 

Vacating roads, town plats, streets, alleys and public grounds; 

Locating or changing county seats; 

Regulating or changing county or district affairs; 



West Virginia— 187^ 4045 

Providing for the sale of church property, or property held for 
charitable uses ; 

Regulating the practice in courts of justice; 

Incorporating cities, towns or villages, or amending the charter of 
any city, town or village, containing a population of less than two 
thousand ; 

Summoning or impaneling grand or j^etit juries; 

The opening or conducting of any election, or designating the place 
of voting ; • , 

The sale and mortgage of real estate belonging to minors, or others 
under disability ; 

Chartering, licensing, or establishing ferries or toll bridges; 

Remitting fines, penalties or forfeitures ; 

Changing the laws of descent; 

Regulating the rates of interest; 

Authorizing deeds to be made for land sold for (axes; 

Releasing taxes ; 

Releasing title to forfeited lands. 

The Legislature shall ])rovide, by general laws, for the foregoing 
and all other cases for which provision can be made; and in no case 
shall a special act be passed, where a general law would be proper, 
and can be made applicable to the case, nor in any other case in which 
the courts have jurisdiction, and are competent to give the relief 
asked for. 

40. The Legislature shall not confer upon any court, or judge, the 
power of apiDointment to office, further than the same is herein pro- 
vided for, 

41. Each House shall keep a journal of its proceedings, and cause 
the same to be published from time to time, and all bills and joint 
resolutions shall be described therein, as well by their title as their 
number, and the ayes and nays on any question, if called for by 
one-tenth of those present, shall be entered on the journal. 

42. Bills making appropriations for the pay of members and 
officers of the Legislature, and for salaries for the officers of the 
Government, shall contain no provision on any other subject. 

43. The Legislature shall never authorize or establish any board 
or court of registration of voters, 

44. In all elections to office which may hereafter take place in the 
Legislature, or in any county, or municipal body, the vote shall be 
vira t'oce, and be entered on its journals. 

45. It shall be the duty of the Legislature, at its first session after 
the adoption of this Constitution, to provide, by law, for the pun- 
ishment by imprisonment in the penitentiary, of any person who 
shall bribe, or attempt to bribe, any executive or judicial officer of 
this State, or any member of the Legislature in order to influence 
him, in the performance of any of his official or public duties; and 
also to provide by law for the punishment by imprisonment in the 
penitentiary of any of said officers, or any member of the Legislature, 
who shall demand, or receive, from any corporation, company or 
person, any money, testimonial, or other valuable thing, for the per- 
formance of his official or public duties, or for refusing or failing 
to perform the same, or for any vote or influence a member of the 
Legislature may give or withhold as such member, and also to jjro- 
vide by law for compelling any person, so bribing or attempting to 



4046 West Virginia— 187^ 

bribe, or so demanding or receiving a bribe, fee, reward, or testi- 
monial, to testify against any person or persons, who may have com- 
mitted any of said offences; Provided, That any person so compelled 
to testify, shall be exempted from trial and punishment for the offense 
of which he may have been guilty, and concerning which he is com- 
pelled to testify ; and any person convicted of any of the offences 
specified in this section shall, as a part of the punishment thereof, be 
forever disqualified from holding any office or position of honor, 
trust, or profit in this State. 

4G. Laws may be passed regulating or prohibiting the sale of in- 
toxicating liquors within the limits of this State. 

47. No charter of incorporation shall be granted to any church 
or religious denomination. Provision may be made by general laws 
for securing the title to church property, and for the sale and transfer 
thereof, so that it shall be held, used, or transferred for the purpose 
of such church or religious denomination. 

48. Any husband or parent, residing in this State, or the infant 
children of deceased parents, may hold a homestead of the value of 
one thousand dollars and personal property to the value of two hun- 
dred dollars, exempt from forced sale subject to such regulations as 
shall be prescribed by law. Provided, That such homestead exemp- 
tion shall in no wise affect debts or liabilities existing at the time of 
the adoption of this Constitution ; and proi'ided further, That no 
property shall be exempt from sale for taxes due thereon, or for the 
payment of purchase money due upon said ]iroperty, or for debts con- 
tracted for the erection of improvements thereon. 

40. The Legislature shall pass such laws as may be necessary to 
protect the ]3roperty of married women from the debts, liabilities and 
control of their husbands. 

50. The Legislature may provide for submitting to a vote of the 
people at the general election to be held in 1876, or at any general 
election thereafter, a ])lan or scheme of proportional representation 
in the Senate of this State; and if a majority of the votes cast at 
such election be in favor of the plan submitted to them, the Legis- 
lature shall, at its session succeeding such election, rearrange the 
Senatorial Districts in accordance with the plan so approved by the 
people. 

Article VII 

EXECUTIVE DEPARTMENT 

1. The Executive Department shall consist of a Governor, Secre- 
tary of State. State Superintendent of Free Schools, Auditor, Treas- 
urer and Attorney-General, who shall be ex-o-ffieio, Reiwrter of the 
Court of Appeals. Their terms of office, respectively, shall be four 
years, and shall commence on the fourth day of March, next after 
their election. They shall, except the Attorney-General, reside at the 
seat of government during their term of office, and keep there the 
pul)lic records, books and papers pertaining to their respective offices 
and shall perform such duties as may be prescribed by law. 

KLECTION 

2. [As amended in 1902, Acts 1001.] An election for governor, sec- 
retary of state, state superintendent of free schools, auditor, treasurer 



West Virginia— 1872 4047 

and attorney general, shall be held at such times and places as may 
be prescribed by law. 

3. [As amended in 1902, Acts 1901.] The returns of every 
election for the above-named officers shall be so sealed up and trans- 
mitted by the returning officers to the secretary of state, directed to 
the speaker of the house of delegates, who shall immediately after 
the organization of the house, and before proceeding to business, open 
and publish the same, in the presence of a majority of each house of 
the legislature, which shall for that purpose assemble in the hall of 
the house of delegates. The person having the highest number of 
votes for either of said offices, shall be declared duly elected thereto; 
but if two or more have an equal and the highest number of votes for 
the same office, the Legislature shall, by joint vote, choose one of such 
persons for said office. Contested elections for the office of Governor 
shall be determined by both houses of the Legislature by joint vote, 
in such manner as may be prescribed by law, 

ELIGIBILITY 

4. [As amended in 1902, Acts 1901, p. 459.] None of the executive 
officers mentioned in this article shall hold any other office during the 
term of his service. The Governor shall not be eligible to said office 
for the four years next succeeding the term for which he w^as elected. 

5. The chief executive power shall be vested in the Governor, who 
shall take care that the laws be faithfully executed. 

6. The Governor shall at the commencement of each session give to 
the Legislature information by message of the condition of the State, 
and shall recommend such measures as he shall deem expedient. He 
shall accompany his message with a statement of all monev received 
and paid out by him, from any funds, subject to his order W'ith vouch- 
ers therefor; and at the commencement of each regular session pre- 
sent estimates of the amount of money required by taxation for all 
purposes. 

7. The Governor may, on extraordinary occasions, convene at his 
own instance, the Legislature; but when so convened it shall enter 
upon no business except that stated in the proclamation by which it 
was called together. 

8. The Governor shall nominate, and by and with the advice and 
consent of the Senate (a majority of all the Senators elected concur- 
ring by yeas and nays), appoint all officers whose offices are estab- 
lished by this Constitution, or shall be created by law, and whose 
appointment or election is not otherwise provided for; and no such 
officers shall be appointed or elected by the Legislature. 

9. In case of a vacancy, during the recess of the Senate, in any 
office which is not elective, the Governor shall, by appointment, fill 
such vacancy, until the next meeting of the Senate, when he shall 
make a nomination for such office, and the person so nominated, when 
confirmed by the Senate (a majority of all the Senators elected con- 
curring by yeas and nays) , shall hold his office during the remainder 
of the term, and until his successor shall be appointed and qualified. 
No person, after being rejected by the Senate, shall be again nomi- 
nated for the same office, during the same session, unless at the request 
of the Senate: nor shall such person be appointed to the same office 
durinff the recess of the Senate. 



4048 West Virginia—1872 

10. The Governor shall have power to remove any officer whom he 
may appoint, in case of incompetency, neglect of duty, gross immoral- 
ity, or malfeasance in office ; and he may declare his office vacant and 
fill the same as herein provided in other cases of vacancy. 

11. The Governor shall have power to remit fines and penalties in 
such cases and under such regulations as may be prescribed by law ; 
to commute capital punishment and, except where the prosecution 
has been carried on by the House of Delegates, to grant reprieves 
and pardons after conviction ; but he shall communicate to the Legis- 
lature at each session the particulars of every case of fine or penalty 
remitted, of punishment commuted and of reprieve or pardon granted, 
with his reasons therefor. 

12. The Governor shall be commander-in-chief of the military 
forces of the State (except when they shall be called into the service 
of the United States), and may call out the same to execute the laws, 
suppress insurrection and repel invasion. 

13. When an}?^ State officer has executed- his official bond, the Gov- 
ernor shall, for such causes and in such manner as the Legislature 
may direct, require of such officer reasonable additional security; 
and if the security is not given as required his office shall be declared 
vacant, in such manner as may be provided by law. 

14. Every bill passed by the Legislature shall, before it becomes a 
law, be presented to the Governor. If he approve he shall sign it, and 
thereupon it shall become a law ; but if not, he shall return it, with 
his objections, to the House in which it originated, which House 
shall enter the objections at large upon its journal, and proceed to 
reconsider it. If, after such reconsideration, a majority of the mem- 
bers elected to that House, agree to pass the bill, it shall be sent, 
together with the object icms, to the other House, by which it shall, 
likewise, be reconsidered, and if approved by a majority of the mem- 
bers elected to that House it shall become a law, notwithstanding the 
objections of the Governor. But in all such cases the vote of each 
House shall be determined hy yeas and nays to be entered on the 
journal. Any bill which shall not be returned by the Governor 
within five days (Sunday excepted), after it shall have been pre- 
sented to him, shall be a law. in like manner as if he had signed it, 
unless the Legislature shall, by their adjournment prevent its return, 
in which case it shall be filed with its objections, in the office of the 
Secretary of State, within five days after such adjournment, or be- 
come a law. 

15. Every bill passed bv the Legislature making appropriations of 
money, embracing distinct items, shall before it becomes a law, be 
presented to the Governor; if he disapprove the bill, or any item or 
appropriation therein contained, he shall communicate such disap- 
proval with his reasons therefor to the House in which the bill origi- 
nated; but all items not disapproved shall have the force and effect 
of law according to the original provisions of the bill. Any item or 
items so disapproved shall be void, unless repassed by a majority of 
each House according to the rules and limitations prescribed in the 
preceding section in reference to other bills. 

16. In case of the death, conviction on impeachment, failure to 
qualify, resignation, or other disability of the Governor, the President 
of the Senate shall act as Governor until the vacancy is filled, or ths 
disability removed ; and if the President of the Senate, for any of the 



West Virginia— 1872 4049 

above nalnecl causes, shall become incapable of performing the duties 
of Governor, the same shall devolve upon the Speaker of the House of 
Delegates; and in all other cases where there is no one to act as 
Governor, one shall be chosen by joint vote of the Legislature. When- 
ever a vacancy shall occur in the office of Governor before the first 
three years of the term shall have expired, a new election for Gov- 
ernor shall take place to fill the vacanc}^ 

17. [As amended in 1902, Acts 1901.] If the office of secre- 
tary of state, auditor, treasurer, state superintendent of free schools, 
or attorney general, shall become vacant by death, resignation or 
otherwise, it shall be the duty of the governor to fill the same by 
appointment, and the appointee shall hold his office until his successor 
shall be elected and qualified in such manner as may be prescribed by 
law. The subordinate officers of the executive department and the 
officers of all public institutions of the State shall keep an account of 
all moneys received or disbursed by them, respectively, from all 
sources, and for every service performed, and make a semi-annual 
report thereof to the Governor under oath or affirmation; and any 
officer who shall wilfully make a false report shall be deemed guilty 
of perjury. 

18. The subordinate officers of the Executive Department and the 
officers of all the public institutions of the State, shall, at least ten 
days jjreceding each i-egular session of the Legislature, severally 
repoi't to the Governor, who shall transmit such report to the Legis- 
lature; and the Governor may at any time require information in 
Avriting, under oath, from the officers of his department, and all 
officers and managers of State institutions, upon any subject relating 
to the condition, management and expenses of the respective offices. 

Sec. 19. [As amended in 1902, Acts 1901, p. 459.] The officers 
named in this article shall i-eceive for their services a salary to be 
established by law," which shall not be increased or diminished dur- 
ing their official terms, and they shall not, after the expiration of the 
terms of those in office at the adoption of this amendment, receive 
to their own use any fees, costs, perquisites of office or other compen- 
sation, and all fees that may hereafter be payable by law, for any 
service performed by any officer provided for in this article of the 
constitution, shall be paid in advance into the State treasury. 

Article VIII ^ 

JUDICIAL DEPARTMENT 

1. The judicial power of the State shall be vested in a supreme 
court of appeals, in circuit courts and the judges thereof, in such 
inferior tribunals as are herein authorized and in justices of the 
peace. 

SUPREME COURT OF APPEALS 

2. The supreme court of appeals shall consist of four judges,^ any 
three of wdiom shall be a quorum for the transaction of business. 

a Salaries fixed by chap. 23 of Acts 1903 as follows : Governor $5,000, Secre- 
tary of State .$4,000, State Superintendent of Free Schools $3,000, Treasurer 
$2,500, Auditor $4,500, Attorney General $2,500. 

b As amended — see Acts 1879, p. 176. 

^ Now five judges — see The Judicial Amendment, and Acts 1903, chap. 19. 



4050 West Virginia— 1872 

They shall be elected by the voters of the State and hold their office 
for the term of twelve years, unless sooner removed in the manner 
prescribed by this constitution, except that the judges in office when 
this article takes effect shall remain therein until the expiration of 
their present term of office. 

3. It shall have original jurisdiction in cases of habeas corpus, 
mandamus, and prohibition. It shall have appellate jurisdiction in 
civil cases where the matter in controversy, exclusive of costs, is of 
greater value or amount than one hundred dollars; in controversies 
concerning the title of boundaries of land, the probate of wills, the 
appointment or qualification of a personal representative, guardian, 
connnittee or curator, or concerning a mill, roadway, iovry or land- 
ing: or the right of a corjioration or county to levy tolls or taxes; 
and also, in cases of quo warranto, habeas corpus, mandamus, certio- 
rari and iDrohil)ition, and in cases involving freedom or the constitu- 
tionality of a law. It shall have appellate jurisdiction in criminal 
cases where there has been a conviction for felony or misdemeanor in 
a Circuit court, and Avhere a conviction has been had in any inferior 
court, and been affirmed in a circuit court, and in cases relating to the 
public revenue, the right of appeal shall belong to the State as well 
as the defendant, and such other appellate jurisdiction, in both civil 
and criminal cases, as may be prescribed by law. 

4. Xo decision rendered by the supreme court of appeals shall be 
considered as binding authority upon any of the inferior courts of 
this State, except in the particular case decided, unless such decision 
is concurred in by at least three judges of said court. 

5. When a judgment or decree is reversed or affirmed by the 
supreme court of appeals, every point fairly arising upon the record 
of the case shall be considered and decided ; and the reasons therefor 
shall be concisely stated in writing and preserved with the record of 
the case, and it shall be the duty of the court to prepare a syllabus of 
the points adjudicated in such case concurred in by three of the judges 
thereof, Avhich shall be prefixed to the published report of the case. 

6. A writ of error, supersedeas, or appeal shall be allowed only by 
the supreme court of appeals, or a judge thereof, upon a petition 
assigning error in the judgment or iDroceedings in the inferior court 
and then only after said court or judge shall have examined or con- 
sidered the record and assignment of errors, and is satisfied that there 
is error in the same, or that it presents a point proper for the consider- 
ation of the supreme court of appeals. 

7. If from any cause a A'acancy shall occur in the supreme court of 
appeals the Governor shall issue a Avrit of election to fill such vacancy 
at the next general election for the residue of the term, and in the 
meantime he shall fill such vacancy by appointment until a judge is 
elected and qualified. But if the unexpired term be less than two 
years the Governor shall fill such vacancy by appointment for the 
unexpired term. 

• 8. The officers of the supreme court of appeals, except the reporter, 
shall be appointed by the court, or in vacation by the judges thereof, 
with the power of removal ; their duties and compensation shall be 
prescribed by law. 

0. There shall be at least two terms of the supreme court of appeals 
held annually at such times and places as may be prescribed by law. 



West Virginia— 1872 4051 



CIRCUIT COURTS 



10. The State shall be divided into thirteen circuits." For the cir- 
cuit hereinafter called the first, two judges shall be elected, and for 
each of the other circuits one judge shall be elected by the voters 
thereof. Each of the judges so elected shall hold his office for the 
term of eight years unless sooner removed in the manner prescril)ed 
in this Constitution. The judges of the circuit courts in office when 
this article takes effect shall remain therein until the expiration of 
the term for which they have been elected in the circuits in which 
they may respectively reside, unless sooner removed as aforesaid. A 
vacancy in the office of a judge of the circuit court shall be filled in 
the same manner as is provided for in the case of a vacancy in the 
office of a judge of the supreme court of appeals. During his con- 
tinuance in office the judge of a circuit court shall reside in the circuit 
of which he is judge. The business of the first circuit may be appor- 
tioned betAveen the judges thereof, and such judges may hold courts in 
the same county or in different counties within the circuit at the same 
time or at different times as may be prescribed by law. 

11. A circuit court shall be held in every county in the State at 
least three times in each year, and provisions may be made by law 
for holding special terms of said court. A judge of any circuit may 
hold the courts in another circuit. 

12. The circuit court shall have the supervision and control of all 
proceedings before justices and other inferior tribunals, by man- 
dami/s, prohibition and certiorari. They shall, except in cases con- 
fined exclusively by this constitution to some other tribunal, have 
original and general jurisdiction of all matters at law wdiere the 
amount in controversy, exclusive of interest, exceeds fifty dollars; of 
all cases of habeas corpus^ mandamus^ quo warranto and prohibition ; 
and of all cases in equity, and of all crimes and misdemeanors. They 
shall have appellate jurisdiction in all cases, civil and criminal, wdiere 
an appeal, writ of error or supersedeas may be allowed to the judg- 
ment or proceedings of any inferior tribunal. They shall also have 
such other jurisdiction, whether supervisory, original, appellate or 
concurrent, as is or may be prescribed by law. 

13. Until otherwise provided by law^, the State shall be divided into 
the following circuits:^ The counties of Brooke, Hancock, Ohio, and 
Marshall shall constitute the first circuit ; the counties of Monongalia, 
Marion and Harrison, the second; the counties of Preston, Taylor, 
Barbour, Tucker and Randolph, the third ; the counties of Wetzel, 
Tyler, Ritchie and Doddridge, the fourth; the counties of Wood, 
Wirt and Pleasants, the fifth ; the counties of Clay, Gilmer, Jackson, 
Roane and Calhoun, the sixth ; the counties of Putnam, Kanawha and 
Mason, the seventh; the counties of Cabell, Wayne, Lincoln and 
Logan, the eighth; i\\^ counties of McDowell, Mercer, Raleigh, Wyo- 
ming and Boone, the ninth ; the comities of Greenbrier, Monroe, Sum- 
mers, Fayette and Pocahontas, the tenth; the counties of Upshur, 
Lewis, Braxton, .Nicholas and Webster, the eleventh ; the counties of 
Grant, Hardy, Hampshire, Mineral and Pendleton, the twelfth; the 
counties of Jefferson, Berkeley and Morgan, the thirteenth. 

^ Now eighteen — see Acts 1903, chap 20. 

* Circuits changed and increased to eighteen. — Acts 1903, chap, 20. 



4052 West Virginia— 1872 

14. The Legislature may re-arrange the circuits herein provided for 
at any session thereof, next preceding any general election of the 
judges of said circuits, and after the year one thousand eight hundred 
and eighty-eight, may, at any such session, increase or diminish the 
number thereof. 

15. The Legislature shall provide by law for holding regular and 
special terms of the circuit courts, where from any cause the judge 
shall fail to attend, or, if in attendance, cannot properly preside. 

GENERAL PROVISIONS 

IG. All judges shall be commissioned by the Governor. The sal- 
ary " of a judge of the supreme court of appeals shall be tAvo thousand 
two hundred dollars per annum, and that of a judge of the circuit 
court shall be one thousand eight hundred dollars per annum; and 
each shall receive the same mileage as members of the Legislature; 
Provided, that Ohio county may pay an additional sum per annum 
to the judges of the circuit court thereof; but such allowance shall 
not be increased or diminished during the term of office of the judges 
to Avhom it may have been made. No judge, during his term of office, 
shall practice the profession of law or hold any other office, appoint- 
ment or public trust, under this or any other government, and the 
acceptance thereof shall vacate his judicial office. Nor shall he during 
his continuance therein, be eligible to any political office. 

17. Judges may be removed from office by a concui-rent vote of both 
houses of the Legislature, Avhen from age, disease, mental or bodily 
infirmity or intemi)erance, they are incapable of discharging the 
duties of their office. But two-thirds of all the members elected to 
each House must concur in such vote, and the cause of removal shall 
be entered ui)on the journal of each house. The judge against whom 
the Legislature may be about to proceed shall receive notice thereof, 
accompanied Avith the cause alleged for his removal, at least tAventy 
days before the day on AA-hich action is proposed to be taken therein. 

18. The voters of each county shall elect a clerk of the circuit court, 
whose term of office shall be six j^ears; his duties and compensation 
and the nuinner of removing him from office shall be prescribed by 
law, and Avhen a A^acancy shall occur in the office, the circuit court or 
judge thereof, in A^acation shall fill the same by appointment until 
the next general election. In any case in respect to Avhich the clerk 
shall be so situated as to make it improper for him to act, the said 
court shall appoint a clerk to act therein. The clerks of said courts 
in office Avhen this article takes eflfect, shall remain therein for the 
term for Avhich they Avere elected, unless sooner remoA^ed in the 
manner prescribed by law. 

10. The legislature may establish courts of limited jurisdiction 
Avithin any county, incorporated city, town or village, with the right 
of appeal to the circuit court, subject to such limitations as may be 
prescribed by hiAv; and all courts of limited jurisdiction heretofore 
established in any county, incorporated city, town pr village, shall 
remain as at present constituted until otherAvise proAdded by law. 
The municipal court of Wheeling shall continue in existence until 

" Salaries increased — see The Judicial Ameiiduieut, and chap. 23 of Acts 1903. 
Salary Supreme Judge $4,500, and of Circuit Judge .$3,300. 



West Virginia— 1872 4053 

otherwise provided by law, and said court and the judge thereof, shall 
exercise the jjowers and jurisdiction heretofore conferred upon them; 
and appeals in civil cases from said court shall lie directly to the 
supreme court of appeals. 

20. No citizen of this State who aided or participated in the late 
war between the government of the United States and a part of the 
people thereof, on either side, shall be liable in any proceeding, civil 
or criminal ; nor shall his property be seized or sold under final pro- 
cess issued upon judgments or decrees heretofore rendered, or other- 
wise, because of any act done in accordance with the usages of 
civilized warfare in the prosecution of said war. The Legislature 
shall provide, by general laws, for giving full force and effect to this 
section. 

21. Such j)arts of the common law, and of the laws of this State as 
are in force when this article goes into operation, and are not repug- 
nant thereto, shall be and continue the law of the State until altered 
or repealed by the Legislature. All civil and criminal suits and pro- 
ceedings pending in the former circuit courts of the State, shall 
remain and be proceeded in before the circuit courts of the counties 
in which they were pending. 

COUNTY COURTS 

22. There shall be in each county of the State a county court, com- 
posed of three commissioners, and two of said commissioners shall be 
a quorum for the transaction of business. It shall hold four regular 
sessions in each year, at such times as may be fixed upon and entered 
of record by the said court. Provision may be made by law for hold- 
ing special sessions of said court.. 

23. The commissioners shall be elected by the voters of the county, 
and hold their office for the term of six years, except at the first meet- 
ing of said commissioners they shall designate by lot, or otherwise, in 
such manner as they may determine, one of their number, who shall 
hold his office for the term of two years, one for four years and one 
for six years, so that one shall be elected every two years. But no 
two of said commissioners shall be elected from the same magisterial 
district. And if two or more persons residing in the same district 
shall receive the greater number of votes cast at any election, then 
only the one of such persons receiving the highest number shall be 
decla-red elected, and the person living in another district who shall 
receive the next highest number of votes shall be declared elected. 
Said commissioners shall annually elect one of their number as presi- 
dent, and each shall receive two dollars per day for his services in 
court, to be paid out of the county treasury. 

24. The county courts, through their clerks, shall have the custody 
of all deeds and other papers presented for record in their counties, 
and the same shall be preserved therein, or otherwise disposed of, as 
now is or may be prescribed by law. They shall have jurisdiction in 
all matters of probate, the appointment and qualification of personal 
representatives, guardians, committees, curators, and the settlement 
of their accounts, and in all matters relating to apprentices. They 
shall also, under such regulations as may be prescribed by law, have 
the superintendence and administration of the internal and police 
and fiscal affairs of their counties, including the establishment and 

7535— VOL 7—09 18 



4054 West Virginia— 1872 

regulation of roads, ways, bridges, public landings, ferries and mills, 
with authority to lay and disburse the county levies; Provided, That 
no license for the sale of intoxicating liquors in any incorporated city, 
town or village, shall be granted without the consent of the municipal 
authorities thereof, first had and obtained. They shall, in all cases 
of contest, judge of the election, qualification and returns of their 
OAvn members, and of all county and district officers, subject to such 
regulations, by appeal or otherwise, as may be prescribed by law. 
Such courts may exercise such other powers, and perform such other 
duties, not of a judicial nature, as may be prescribed by law. And 
provision may be made, under such regulations as may be prescribed 
by law, for the probate of wills and for the appointment and qualifi- 
cation of personal representatives, guardians, committees and cura- 
tors during the recesses of the regular sessions of the county court. 
Such tribunals as have been heretofore established by the Legislature 
under and by virtue of the thirty-fourth section of the eighth article 
of the Constitution of one thousand eight hundred and seventy-two 
for police and fiscal purposes, shall, until otherwise j^rovided by law, 
remain and continue as at present constituted in the counties in which 
ihey have been respectively established, and shall be and act as to 
police and fiscal matters in lieu of the county court created by this 
article until otherwise provided by law. And, until otherwise pro- 
vided by law, such clerk as is mentioned in the twenty-sixth section of 
this article, shall exercise any powers and discharge any duties here- 
tofore conferred on, or required of, any court or tribunal established 
for judicial purposes under the said article and section of the consti- 
tution of one thousand eight hundred and seventy-two, or the clerk 
of such court or tribunal respectively, respecting the recording and 
preservation of deeds and other papers presented for record, matters 
of probate, the appaintment and qualification of personal represent- 
atives, guardians, committees, curators and the settlement of their 
accounts, and in all matters relating to apprentices. 

25. All actions, suits and proceedings not embraced in the next 
preceding section, pending in a county court when this article takes 
effect, together with the records and papers pertaining thereto, as 
well as all records and papers pertaining to such actions, suits and 
proceedings, as have already been disposed of by said courts, shall be 
transmitted to and filed with the clerk of the circuit court of the 
county, to which office all process outstanding at the time this^irticle 
goes into operation shall be returned ; and said clerk shall have the 
same power and shall perform the same duties in relation to such 
records, papers and proceedings as were vested in and required of 
the county court on the day before this article shall take effect. All 
such actions, suits and proceedings so pending as aforesaid, shall be 
docketed, proceeded in, tried, heard and determined in all respects 
by the circuit court, as if such suits and proceedings had originated 
in said court. 

26. The voters of each county shall elect a clerk of the county court, 
wdiose term of office shall be six years. His duties and compensations 
and the manner of his removal shall be prescribed by law. But the 
clerks of said courts, now in office, shall remain therein for tlie term 
for which they have been elected, unless sooner removed therefrom, 
in the manner prescribed by law. 



West Virginia— 1872 4055 

27. Each county shall be laid off into districts, not less than three 
or more than ten in number, and as nearly equal as may be in terri- 
tory and population. There shall be elected in each district contain- 
ing a population not exceeding twelve hundred, one justice of the 
peace, and if the population exceeds that number, two justices shall 
be elected therein. Every justice shall reside in the district for which 
he was elected and hold his office for the term of four years, unless 
sooner removed in the manner prescribed by law. The districts as 
they now exist shall remain till changed by the county court. 

28. The civil jurisdiction of a justice of the peace shall extend to 
the actions of assumpsit, debt, detinue and trover, 'if the amount 
claimed, exclusive of interest, does not exceed three hundred dollars. 
The jurisdiction of justices of the peace shall extend throughout their 
county; they shall be conservators of the peace and have such juris- 
diction and powers in criminal cases as may be prescribed by law. 
And justices of the peace shall have authority to take the acknowl- 
edgment of deeds and other writings; administer oaths; and take 
and certify depositions. And the Legislature may give to justices 
such additional civil jurisdiction and powders within their respective 
counties as ma}^ be deemed expedient, under such regulations and re- 
strictions as may be prescribed by general laAv, except that in suits to 
recover money or damages their jurisdiction and powers shall in no 
case exceed three hundred dollars. Appeals shall be allowed from 
judgments of justices of the peace in such manner as may be pre- 
scribed by law. 

29. The Legislature shah, upon the application of any county, re- 
form, alter or modify the county court established by this article in 
such county, and in lieu thereof, with the assent of a majority of the 
voters of such county voting at an election create another tribunal 
for the transaction of the business required to be performed by the 
county court created by this article; and in such case all the provi- 
sions of this article in relation to the county court shall be applicable 
to the tribunal established in lieu of said court. And when such tri- 
bunal has been established it shall continue to act in lieu of the county 
court until otherwise provided by law. 

30. The office of commissioner and justice of the peace shall be 
deemed incompatible. Vacancies in the office of commissioner, clerk 
of the county court and justices of the peace shall be filled by the 
county court of the county until the next general election. 

Article IX 

COUNTY ORGANIZATION 

1. The voters of each county shall elect a Surveyor of Lands, a 
Prosecuting Attorney, a Sheriff, and one and not more than two 
Assessors, who shall hold their respective offices for the term of four 
years. 

2. There shall also be elected in each district of the county, by the 
voters thereof, one constable, and if the population of any district 
shall exceed twelve hundred, an additional constable, Avhose term of 
office shall be four years, and whose powers as such shall extend 
throughout their county. The assessor shall, with the advice and 



4056 West Virginia— 1872 

consent of the county court have the i^ower to appoint one or more 
assistants. Coroners, overseers of the poor and surveyors of roads 
shall be appointed by the county court. The foregoing officers, ex- 
cept the prosecuting attorneys, shall reside in the county, and district 
for which the}^ shall be respectively elected. 

3. The same person shall not be elected sheriff for two consecutive 
full terms; nor shall any person avIio acted as his deputy be elected 
successor to such sheriff, nor shall any sheriff act as deputy of his 
successor ; nor shall he during his term of service, or within one year 
thereafter, be eligible to any other oifice. The retiring sheriff shall 
finish all business remaining in his hands, at the expiration of his 
term ; for which purpose his commission and official bond shall re- 
main in force. The duties of the office of sheriff shall be performed 
by him in person, or under his superintendence. 

4. The i^residents of the county courts, the justices of the peace, 
sheriffs, prosecuting attorneys, clerks of the circuit and of the county 
courts, and all other county officers, shall be subject to indictment for 
malfeasance, misfeasance, or neglect of official duty, and upon convic- 
tion thereof their offices shall become vacant. 

5. The Legislature shall provide for commissioning such of the 
officers herein mentioned, as it may deem proper, not provided for in 
this Constitution, and may require any class of them to give bond 
with security for the faithful discharge of the duties of their respec- 
tive offices. 

6. It shall further provide for the compensation, the duties and 
responsibilities of such officers, and may jDrovide for the appointment 
of their deputies and assistants by general law. 

7. The i)resident of the county court and every justice and constable 
shall be a conservator of the peace throughout his county. 

8. No new county shall hereafter be formed in this State with an 
area of less than four hundred square miles; nor with a population 
of less than six thousand : nor shall any county, from which a new 
county, or part thereof, shall be taken, be reduced in area below four 
hundred square miles, nor in population below six thousand. Nor 
shall a new county be formed without the consent of a majority of 
the voters residing within the boundaries of the proposed new county, 
and voting on the question. 

.Vkticle X 

TAXATION AND FINANCE 

1. Taxation shall be equal and uniform throughout the State, and 
all property, both real and personal, shall be taxed in proportion to 
its value, to be ascertained as directed by hiAv. No one species of 
property, from which a tax may be collected, shall be taxed higher 
than any other species of property of equal value ; but property used 
for educational, literary, scientific, religious or charitable purposes; 
all cemeteries and public property may, by law, be exempted from 
taxation. The Legislature shall have power to tax, by uniform and 
equal laws, all privileges and franchises of persons and corporations. 

2. The Legislature shall levy an annual capitation tax of one dol- 
lar upon each male inhabitant of the State who has attained the age 



West Virginia— 187^ 4057 

of twenty^one j^ears, which shall be annually appropriated to the 
support of free schools. Persons afflicted with bodily infirmity may 
be exempted from this tax. 

3. No money shall be drawn from the treasur}^ but in pursuance of 
an appropriation made by law, and on a warrant issued thereon by 
the Auditor; nor shall any mone}' or fund be taken for any other 
purpose than that for which it has been or may be appropriated, or 
provided. A complete and detailed statement of the receipts and 
expenditures of the public moneys, shall be published annually. 

4. No debt shall be contracted by this State, except to meet casual 
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; but the payment of any liabilt}'^ other than that for the ordi- 
nary expenses of the State, shall be equally distributed over a period 
of at least twenty years. 

5. The power of taxation of the Legislature shall extend to provi- 
sions for the payment of the State debt, and interest thereon, the 
support of free schools, and the payment of the annual estimated 
expenses of the State ; but whenever any deficiency in the revenue 
shall exist in any year, it shall, at the regular session thereof held 
next after the deficienc}" occurs levy a tax for the ensuing year, suffi- 
cient with other sources of income, to meet such deficiency, as well 
as the estimated expenses of such year. 

6. The credit of the State shall not be granted to, or in aid of any 
county, city, township, corporation or person ; nor shall the State ever 
assume, or become responsible for the debts or liabilities of any 
county, city, township, corporation or person ; nor shall the State 
ever hereafter become the joint owner, or stockholder in am^ company 
or association in this State or elsewhere, formed for any purpose 
whatever. 

7. County authorities shall never assess taxes, in any one year, the 
aggregate of which shall exceed ninety-five cents per one hundred 
dollars valuation; except for the support of free schools; payment of 
indebtedness existing at the time of the adoption of this Constitution, 
and for the payment of any indebtedness with the interest thereon, 
created under the succeeding section, unless such assessment, with all 
questions involving the increase of such aggregate shall have been 
submitted to the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

8. No county, cHy, school district, or municipal corporation, except 
in cases where such corporations ha^ne already authorized their bonds 
to be issued, shall hereafter be allowed to become indebted, in any 
manner, or for au}^ purpose, to an amount, including existing indebt- 
edness, in the aggregate, exceeding five per centum on the value of the 
taxable property therein to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebted- 
ness ; nor without, at the same time, providing for the collection of a 
direct annual tax, sufficient to pay, annually, the interest on such debt, 
and the principal thereof, within, and not exceeding thirty- four 
years ; Provided., That no debt shall be contracted under this section, 
unless all questions connected with the same shall have been first sub- 
mitted to a vote of the people, and have received three-fifths of all the 
votes cast for and asrainst the same. 



4058 West Virginia— 187^ 

9. The Legislature may, b}" law, authorize the corporate authori- 
ties of cities, towns and villages, for corporate purposes, to assess and 
collect taxes ; but such taxes shall be uniform, with respect to persons 
and property within the jurisdiction of the authority imposing the 

same. 

Article XI 

CORPORATIONS 

1. The Legislature shall provide for the organization of all corpo- 
rations hereafter to be created, by general laws, uniform as to the 
class to Avhich they relate, but no corporation shall be created bj^ 
special law; Provided. That nothing in this section contained, shall 
prevent the Legislature from providing by special laws for the con- 
nection, by canal, of the waters of the Chesapeake Avith the Ohio river 
by line of the James river, Greenbrier, New river and Great Ka- 
nawha. 

2. The stockholders of all corporations and joint stock companies, 
except banks and banking institutions, created by laws of this State, 
shall be liable for the indebtedness of such corporations to the amount 
of their stock subscribed and unpaid, and no more. 

3. All existing charters or grants of special or exclusive privileges 
under which organization shall not have taken place, or which shall 
not have been in operation within two years from the time this Con- 
stitution takes effect, shall thereafter have no validity or effect what- 
ever; Provided, That nothing herein shall prevent the execution of 
anv hona fde contract heretofore lawfully made in relation to any 
existing charter or grant in this State. 

4. The Legislature shall provide by law that in all elections for 
directors or managers of incorporated companies, every stockholder 
shall have the right to vote, in person or by proxy, for the number of 
shares of stock owned by him, for as many persons as there are 
directors or managers to be elected, or to cumulate said shares, and 
give one candidate as many votes as the number of directors multi- 
plied by the number of his shares of stock, shall equal, or to distribute 
them on the same principle among as many candidates as he shall 
think fit, and such directors or managers shall not l:»e elected in any 
other manner. 

5. No law shall be passed by the Legislature, granting the right to 
construct and operate a street railroad within any city, town or incor- 
porated village, without requiring the consent of the local authorities 
having the control of the street or highway, proposed to be occupied 
bv such street railroad. 



6. The Legislature may provide, by a general banking law, for the 
creation and organization of banks of issue or circulation, but the 
stockholders of any bank hereafter authorized by the laws of this 
State, whether of issue, deposit or discount, shall be personally liable 
to the creditors thereof, over and above the amount of stock held by 
them respectively to an amount equal to their respective shares so 
held, for all its liabilities accruing while they are such stockholders. 



West Virginia— 1872 4059 



BAIIJtOADS 



7. Every railroad corporation organized or doing business in this 
State shall annually by their proper officers, make a report under 
oath, to the auditor of public accounts of this State, or some officer 
to be designated by law, setting forth the condition of their atfairs, 
the operations of the year, and such other matters relating to their 
respective railroads as may be prescribed by law. The Legislature 
shall pass laAvs enforcing by suitable penalties the j^rovisions of this 
section. 

8. The rolling stock and all other movable property belonging to 
any railroad company or corporation in this State shall be considered 
personal property and shall be liable to execution and sale in the same 
manner as the personal proi^erty of individuals; and the Legislature 
shall pass no law exempting any such property from execution and 
sale. 

9. Eailroads heretofore constructed, or that may hereafter be con- 
structed in this State, are hereby declared public highways and shall 
be free to all persons for the transportation of their persons and prop- 
erty thereon, under such regulations as shall be prescribed by laAv ; 
and the Legislature shall, from time to time, pass laws, applicable to 
all railroad corporations in the State, establishing reasonable maxi- 
mum rates of charges for the transportation of passengers and 
freight, and providing for the correction of abuses, the prevention of 
unjust discriminations between through and local or way freight 
and passenger tariffs, and for the protection of the just rights of the 
public, and shall enforce such laws by adequate penalties. 

10. The Legislature shall, in the law regulating railway companies, 
require railroads running through, or within half a mile of a town 
or village, containing three hundred or more inhabitants, to establish 
stations for the accommodation of trade and travel of said town or 
village. 

11. No railroad corporation shall consolidate its stock, property or 
franchise with any other railroad owning a parallel or competing 
line, or obtain the possession or control of such parallel or competing 
line by lease or other contract, without the permission of the 
Legislature. 

12. The exercise of the power and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, b}'' 
the Legislature of the property and franchises of incorporated com- 
panies already organized, and subjecting them to the public use, 
the same as of individuals. 

Article XII 

EDUCATION 

1. The Legislature shall provide, by general law, for a thorough 
and efficient system of free schools. 

2. The State Superintendent of Free Schools shall have a general 
supervision of free schools, and perform such other duties in rela- 
tion thereto as may be prescribed by law. If in the performance of 
any such duty imposed upon him by the Legislature he shall incur 



4060 West Virginia— 1872 

any exj^enses, he shall be reimbursed therefor; Provided, the amount 
does not exceed five hundred dollars in any one year. 

3. The Legislature may provide for county superintendents and 
such other officers as may be necessary to carry out the objects of this 
article and define their duties, powers and compensation. 

4. [This section is modified by the Irreducible School Fund Amend- 
ment.] The existing permanent and invested school fund, and all 
money accruing to this State from forfeited, delinquent, waste and 
unappropriated lands; and from lands heretofore sold for taxes and 
purchased by the State of Virginia, if hereafter redeemed or sold to 
others than this State; all grants, devises or bequests that may be 
made to this State, for the purposes of education or where the pur- 
poses of such grants, devises or bequests are not specified ; this State's 
just share of the literary fund of Virginia, whether paid over or 
otherAvise liquidated ; and any sums of money, stocks or property 
which this State shall have the right to claim from the State of Vir- 
ginia for educational purposes; the proceeds of the estates of persons 
who may die without leaving a will or heir, and of all escheated 
lands; the proceeds of any taxes that may be levied on the revenues 
of any corporation ; all moneys that may be paid as an equivalent for 
(exemption from military duty; and such sums as may from time to 
time be appropriated by the Legislature for the purpose, shall be set 
apart as a separate fund to be called the " School Fund," and invested 
under such regulations as may be prescribed by law, in the interest 
bearing securities of the United States, or of this State, or if such 
interest bearing securities cannot be obtained, then said " School 
Fund " shall be invested in such other solvent, interest bearing secu- 
rities as shall be approved by the Governor, Superintendent of Free 
Schools, Auditor and Treasurer, who are hereby constituted the 
" Board of the School Fund," to manage the same under such regu- 
lations as may be prescribed by law ; and the interest thereof shall be 
annually applied to the support of free schools throughout the State, 
and to no other purpose whatever. But any portion of said interest 
remaining unexpended at the close of a fiscal year shall be added to 
and remain a part of the capital of the " School Fund." Provided, 
That all taxes which shall be received by the State upon delinquent 
lands, except the taxes due to the State thereon, shall be refunded 
to the county or district by or for which the same were levied. 

5. The Legislature shall provide for the support of free schools 
by appropriating thereto the interest of the invested " School Fund," 
the net proceeds of all forfeitures and fines accruing to this State 
under the laws thereof; the State capitation tax, and by general tax- 
ation of persons and property or otherwise. It shall also provide for 
raising in each county or district, by the authority of the people 
thereof, such a proportion of the amount required for the suj^port of 
free schools therein as shall be jDrescribed by general laws. 

6. The school districts into which any county is now divided shall 
continue until changed in pursuance of law. 

7. All levies that maj^ be laid by any county or district for the 
purpose of free schools shall be reported to the clerk of the county 
court ; and shall, under such regulations as may be prescribed by law, 
be collected by the sheriff or other collector, who shall make annual 
settlement with the county court; which settlement shall be made a 



West V,irginia—1872 4061 

matter of record by the clerk thereof, in a book to be kept for that 
purpose. 

8. White and colored persons shall not be taught in the same school. 

9. No person connected with the free school system of the State, or 
with any educational institution of any name or grade under State 
control, shall be interested in the sale, proceeds or profits of any book 
or other thing used, or to be used therein, under such penalties as may 
be prescribed by law: Proinded, That nothing herein shall be con- 
strued to apply to any work written, or thing invented, by such 
person. 

10. No independent free school district, or organization shall 
hereafter be created, except with the consent of the school district or 
districts out of which the same is to be created, expressed by a ma- 
jority of the voters voting on the question. 

11. No appropriation shall hereafter be made to any State normal 
school, or branch thereof, except to those already established and in 
operation, or now chartered. 

12. The Legislature shall foster and encourage moral, intellectual, 
scientific and agricultural improvement ; it shall, whenever it may be 
practicable, make suitable provision for the blind, mute and insane, 
and for the organization of such institutions of learning as the best 
interests of general education in the State may demand. 

Article XIII 

LAND TITLES 

1. All private rights and interests in lands in this State derived 
from or under the laws of the State of Virginia, and from or under 
the constitution and laws of this State prior to the time this consti- 
tution goes into operation, shall remain valid and secure and shall be 
determined by the laws in force in Virginia, prior to the formation of 
this State, and by the constitution and laws in force in this State 
prior to the time this constitution goes into effect. 

2. No entry by warrant on land in this State shall hereafter be 
made. 

3. All title to lands in this State heretofore forfeited, or treated as 
forfeited, waste and unappropriated, or escheated to the State of Vir- 
ginia or this State, or purchased by either of said States at sales 
made for the non-payment of taxes and becomes irredeemable, or 
hereafter forfeited, or treated as forfeited, or escheated to this State, 
or purchased by it and become irredeemable, not redeemed, released 
or otherwise disposed of, vested and remaining in this State, shall be, 
and is hereby transferred to, and vested in any person (other than 
those for whose default the same may have been forfeited or returned 
delinquent, their heirs or devisees), for so much thereof as such per- 
son has, or shall have had actual continuous possession of, luider color 
or claim of title for ten years, and who, or those under whom he 
claims, shall have paid the State taxes thereon for any five years 
during such possession ; or if there be no such person, then to any per- 
son (other than those for whose default the same may have been 
forfeited, or returned delinquent, their heirs or devisees), for so much 
of said land as such person shall have title or claim to, regularly 



4062 West Virginm—1872 

derived, mediately or immediatelj^ from, or under a grant from the 
Commonwealth of Virginia or this State, not forfeited, which but for 
the title forfeited would be valid, and who, or those under whom he 
claims has, or shall have paid all State taxes charged or chargeable 
thereon for five successive years, after the year 1865, or from the date 
of the grant, if it shall have issued since that year; or if there be no 
such person, as aforesaid, then to any person (other than those for 
whose default the same may have been forfeited, or retui-ned delin- 
quent, their heirs and devisees,) for so much of said land as such 
person shall have had claim to and actual continuous possession of, 
under color of title for any five successive years after the year 1865, 
and have paid all State taxes charged or chargeable thereon for said 
period, 

4. All lands in this State, waste and unappropriated, or heretofore 
or hereafter for any cause forfeited, or treated as forfeited, or es- 
cheated to the State of Virginia, or this State, or purchased by either 
and become irredeemable, not redeemed, released, transferred or other- 
wise disposed of, the title whereto shall remain in this State till such 
sale as is hereinafter mentioned be made, shall by proceedings in the 
circuit court of the county in which the lands, or a part thereof, are 
situated, be sold to the highest bidder. 

5. The former owner of any such land shall be entitled to receive 
the excess of the sum for which the land may be sold over the taxes 
charged and chargeable thereon, or which, if the land has not been 
forfeited, would have been charged or chargeable thereon, since the 
formation of this State, with interest at the rate of tw^elve per centum 
per annum, and the costs of the proceedings, if his claim be filed in 
the circuit court that decrees the sale, within two years thereafter. 

6. It shall be the duty of ever}^ owner of land to have it entered on 
the land books of the county in which it, or part of it, is situated, and 
to cause himself to be charged with the taxes thereon, and pay the 
same. When for any five successive 3'ears after the year 1869, the 
owner of au}^ tract of land containing one thousand acres or more, 
shall not have been charged on such books with State tax on said 
land, then by operation hereof, the land shall be forfeited and the 
title thereto vest in the State. But if, for any one or more of such 
five years, the OAvner shall have been charged with State tax on any 
part of the land, such part thereof shall not be forfeited for such 
cause. And any owner of land so forfeited, or of any interest therein 
at the time of the forfeiture thereof, who shall then be an infant, 
married woman, or insane person, may, until the expiration of three 
years after the removal of such disability, have the land, or such 
interest charged on such books, with all State and other taxes that 
shall be, and but for the forfeiture would be, chargeable on the land, 
or interest therein for the year 1863, and every year thereafter with 
interest at the rate of ten per centum per annum ; and pay all taxes 
and interest thereon for all such years and thereby redeem the land or 
interest therein. Provided., Such right to redeem shall in no case 
extend beyond twenty years from the time such land was forfeited. 



West Virginia-— 1872 4063 

Article XIV 



AMENDMENTS 



No. 1. No convention shall be called, having the authority to alter 
the Constitution of the State, unless it be in pursuance of a law, 
passed by the affirmative vote of a majority of the members elected 
to each House of the Legislature and providing that polls shall be 
opened throughout the State, on the same day therein specified, which 
shall not be less than three months after the passage of such law, for 
the purpose of taking the sense of the voters on the question of calling 
a convention. And such convention shall not be held unless a major- 
ity of the votes cast at such polls be in favor of calling the same ; nor 
shall the members be elected to such convention until, at least, one 
month after the result of the vote shall be duly ascertained, declared 
and i^ublished. And all acts and ordinances of the said convention 
shall be submitted to the voters of the State for ratification or rejec- 
tion, and shall have no validity whatever until they are ratified. 

2. Any amendment to the Constitution of the State may be pro- 
posed in either House of the Legislature; and if the same, being read 
on three several days in each House, be agreed to on its third reading, 
by two-thirds of the members elected thereto, the proposed ameud- 
ment, with the yeas and nays thereon, shall be entered on the journals, 
and it shall be the duty of the Legislature to provide by law, for sub- 
mitting the same to the voters of the State for ratification or rejection 
at the next general election thereafter, and cause the same to be pub- 
lished at least three months before such election in some newspaper in 
every county in which a newspaper is printed. And if a majority of 
the qualified voters, voting on the question at the polls held pursuant 
to such law, ratify the proposed amendment, it shall be in force from 
the time of such ratification, as joart of the Constitution of the State. 
If two or more amendments be submitted at the same time, the vote 
on the ratification or rejection shall be taken on each separately. 



AMENDMENTS 

THE JUDICIAL AMENDMENT 

(Joint Resolution No. G (H. J. R. No. 15), Acts 1901, p. 462. Ratified in 

November, 1902) 

That the following be proposed as an amendment to the Constitu- 
tion of this State : 

The Supreme Court of Appeals shall consist of five judges. Those 
judges in office when this amendment takes effect shall continue in 
office until their terms shall expire, and the Legislature shall provide 
for the election of an additional judge of said court at the next gen- 
eral election, whose term shall begin on the first day of January, one 
thousand nine hundred and five, and the Governor shall, as for a 
vacancy, appoint a judge of said court to hold office until the first 
day of January, one thousand nine hundred and five. The judges of 
the supreme court of appeals and of the circuit courts shall receive 
such salaries as shall be fixed by law, for those now in or those here- 
after to come into office. 



4064 West Virginia— 1872 

THE IRREDUCIBLE SCHOOL FUND AMENDMENT 

(Joint Resolution No. 11 (H. J. R. No. 28), Acts 1901, p. 465. Ratified in 

November, 1902) 

That the following be proposed as an amendment to the Constitu- 
tion of the State : 

The accumulation of the school fund provided for in section four 
of article twelve, of the Constitution of this State, shall cease upon 
the adoption of this amendment, and all money to the credit of said 
fund over one million of dollars, together with the interest on said 
fund, shall be used for the support of the free schools of this State. 
All money and taxes heretofore payable into the treasuiy under the 
provision of the said section four, to the credit of the school fund, 
shall be hereafter paid into the treasury to the credit of the general 
school fund for the support of the free schools of the State. 

Note: For the original constitution of 1872, West Virginia, see Appendix. 



WISCONSIN 



For organic acts issued previous to 1836 relating to tlie land now included 
within Wisconsin see in this work : 

Virginia Act of Cession, 17S3 (Illinois, p. 955). 
Deed of Cession from Virginia, 1784 (Illinois, p. 957). 
Northwest territorial Government, 1787 (Illinois, p. 957). 
Virginia Act of Ratification, 1788 (Illinois, p. 963). 
Northwest Territorial Government, 1789 (Illinois, p. 963). 
Territorial Government of Indiana, 1800 (Illinois, p. 964). 
Territorial Government of Michigan, 1805 (Michigan, p. 1925). 
Territorial Government of Illinois, 1809 (Illinois, p. 966). 
Enabling Act of Illinois, 1818 (Illinois, p. 967). 



THE TERRITORIAL GOVERNMENT OF WISCONSIN— 1836 « 

[Twenty-fourth Congress, First Session] 
An Act establishing the territorial government of Wisconsin 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That from and 
after the third day of July next the country inchided within the fol- 
lowing boundaries shall constitute a separate Territory, for the pur- 
poses of temporary government, by the name of Wisconsin, that is 
to say: Bounded "on the east by a line drawn from the northeast 
corner of the State of Illinois, through the middle of Lake Michigan, 
to a point in the middle of said lake and opposite the main channel 
of Green Bay, and through said channel and Green Bay to the 
mouth of the Menomonie River; thence through the middle of the 
main channel of said river to that head of said river nearest to the 
Lake of the Desert ; thence in a direct line to the middle of said lake ; 
thence through the middle of the main channel of the Montreal River 
to its mouth ; thence with a direct line across Lake Superior to where 
the territorial line of the United States last touches said lake north- 
west; thence on the north with the said territorial line to the IVhite 

o For other statutes of an organic nature relating to Wisconsin after 1836 
see the act to lay out certain towns, July 2, 1836; to amend act to lay out 
towns, March 3, 1837; to give approval to Wisconsin act incorporating banks, 
March 3, 1837 ; to disapprove an act chartering a bank, April 4, 1838 ; to reor- 
ganize legislature, June 12, 1838 ; to regulate the governor's veto power, March 
3, 1839 ; to empower legislative assembly to provide for appointment or election 
of judges, justices of peace, sheriffs and other offices. March 3, 1843 ; to author- 
ize the legislature to regulate apportionment of representatives, and to provide 
for ]iopular election of justices of the peace and militia officers, June 15, 1844; 
to admit as a state in the Union, March 3, 1847 (rendered nugatory because 
the people rejected the constitution which the act accepted). 

4065 



4066 Wisconsin— 1836 

Earth River ; on the west by a line from the said boundary-line fol- 
lowing down the middle of the main channel of White Earth River 
to the Missouri River, and down the middle of the main channel of 
the Missouri River to a point due west from the northwest corner of 
the State of Missouri ; and on the south, from said point, due east to 
the northwest corner of the State of Missouri ; and thence with the 
boundaries of the States of Missouri and Illinois, as already fixed by 
acts of Congress ; and after the said third day of July next all power 
and authorit}^ of the government of Michigan in and over the Terri- 
torj' hereby constituted shall cease: Provided^ That nothing in this 
act contained shall be construed to impair the rights of person or 
projDert}^ now appertaining to any Indians within the said Territory 
so long as such rights shall remain unextinguished by treaty between 
the United States and such Indians, or to impair the obligations of 
any treat}^ now existing between the United States and such Indians, 
or to impair or anywise to affect the authority of the Government of 
the United States to make any regidations respecting such Indians, 
their lands, property, or other rights, by treaty, or law, or otherwise, 
which it would have been competent to the (lovernment to make if 
this act had never been j^assed : Provided^ That nothing in this act 
contained shall be construed to inhibit the Government of the United 
States from dividing the Territory hereby established into one or 
more other Territories, in such manner and at such times as Congress 
shall in its discretion deem convenient and proper, or from attaching 
any portion of said Territory to any other State or Territory of the 
United States. 

Sec. 2. And he it furtlier enacted^ That the executive power and 
authority in and over the said Territory shall be vested in a governor, 
who shall hold his office for three years, unless sooner removed by the 
President of the United States. The governor shall reside within the 
said Territory, shall be commander-in-chief of the militia thereof, 
shall perform the duties and receive the emoluments of superintend- 
ent of Indian Affairs, and shall approve of all laws passed by the 
legislative assembly before they shall take effect; he may grant par- 
dons for offences against the laws of the said Territory, and reprieves 
for offences against the laws of the United States, until the decision 
of the President can be made known thereon; he shall commission 
all officers who shall be appointed to office under the laws of the said 
Territory, and shall take care that the laws be faithfully executed. 

Sec. 3. And he it further enacted^ That there shall be a secretary of 
the said Territory, who shall reside therein and hold his office for 
four years, unless sooner removed by the President of the United 
States; he shall record and preserve all the laws and proceedings of 
the legislative assembly hereinafter constituted, and all the acts and 
proceedings of the governor in his executive department ; he shall 
transmit one copy of the laws and one copy of the executive proceed- 
ings, on or before the first Monday in December in each year, to the 
President of the United States, and at the same time two copies of 
the laws to the Speaker of the House of Representatives for the use 
of Congress; and in case of the death, removal, resignation, or neces- 
sary absence of the governor from the Territory, the secretary shall 
have, and he is hereby authorized and required to execute and per- 
form, all the ]:)owers and duties of the governor during such vacancy 
or necessary absence. 



Wisconsin— 1836 4067 

Sec. 4, And he it further enacted, That the legislative poAver shall 
be vested in a governor and a legislative assembly. The legislative 
assembly shall consist of a coiuicil and house of representatives. 
The council shall consist of thirteen members, having the qualifica- 
tions of voters as hereinafter prescribed, whose term of service shall 
continue four years. The house of representatives shall consist of 
twenty-six members, possessing the same qualifications as prescribed 
for the members of the council, and whose term of service shall con- 
tinue two years. An apportionment shall be made, as nearly equal 
as practicable, among the several counties for the election of the 
council and representatives, giving to each section of the Territory 
representation in the ratio of its population, Indians excepted, as 
nearly as may be; and the said members of the council and house of 
representatives shall reside in and be inhabitants of the district for 
which they may be elected. Previous to the first election, the gov- 
ernor of the Territory shall cause the census or enumeration of the 
inhabitants of the several counties in the Territory to be taken and 
made by the sheriffs of the said counties; respectively, and returns 
thereof made by said sheriffs to the governor. The first election 
shall be held at such time and place and be conducted in such manner 
as the governor shall appoint and direct; and he shall, at the same 
time, declare the number of members of the council and house of 
representatives to which each of the counties is entitled under this 
act. The number of persons authorized to be elected having the 
greatest number of votes in each of the said counties for the council 
shall be declared by the said governor to be duly elected to the said 
council, and the person or persons having the greatest number of votes 
for the house of representatives, equal to the number to Avhich each 
county may be entitled, shall also be declared by the governor to be 
duly elected: Provided, The governor shall order a new election 
when there is a tie between two or more persons voted for to supply 
the vacancy made by such tie; and the j^ersons thus elected to the 
legislative assembly shall meet at such place on such day as he shall 
appoint, but thereafter the time, place, and manner of holding and 
conducting all elections by the people and the apportioning the rep- 
resentation in the several counties to the council and house of rep- 
resentatives, according to population, shall be prescribed by law, 
as well as the day of the annual commencement of the session of the 
said legislative assembly, but no session in any year shall exceed the 
term of seventy-five days. 

Sec. 5. And he it further enacted, That every free white male 
citizen of the United States, above the age of twenty one years, who 
shall have been an inhabitant of said Territory at the time of its 
organization, shall be entitled to vote at the first election and shall 
be eligible to any office within the said Territory, but the qualifications 
of voters at all subsequent elections shall be such as shall be deter- 
mined by the legislative assembly: Provided, That the right of 
suffrage shall be exercised only by citizens of the United States. 

Sec. 6. And he it further enacted, That the legislative power of 
the Territory shall extend to all rightful subjects of legislation, but 
no law shall be passed interfering with the primary disposal of the 
soil ; no tax shall be imposed upon the property of the United States, 
nor shall the lands or other property of non-residents be taxed higher 
than the lands or other property of residents. All the laws of the 



4068 Wisconsin— 1836 

governor and legislative assembly shall be submitted to, and, if dis- 
approved by the Congress of the United States, the same shall be null 
and of no effect. • 

Sec. 7. And he it further enacted, That all township officers and all 
county officers, except judicial officers, justices of the peace, sheriffs, 
and clerks of courts, shall be elected by the people in such manner as 
may be provided by the governor and legislative assembly. The 
governor shall nominate and, by and with the advice and consent of 
the legislative council, shall appoint all judicial officers, justices of the 
peace, sheriff's, and all militia officers except those of the staff, and all 
civil officers not herein provided for. Vacancies occurring in the 
recess of the council shall be filled by appointments from the gov- 
ernor, which shall expire at the end of the next session of the legis- 
lative assembly ; but the said governor may appoint in the first in- 
stance, the aforesaid officers, Avho shall hold their offices until the 
end of the next session of the said legislative assembly. 

Sec. 8. And he it further enacted. That no member of the legisla- 
tive assembly shall hold or be appointed to any office created, or the 
salary or emoluments of which shall have been increased, whilst he 
was a member, during the term for Avhich he shall have been elected, 
and for one year after the expiration of such term; and no i)erson 
holding a commission under the United States, or any of its officers, 
except as a militia officer, shall be a member of the said council, or 
shall hold any office under the government of the said Territory. 

Sec. 9. And he it further enacted, That the judicial poAver of the 
said Territory shall be vested in a supreme court, district courts, pro- 
bate courts, and in justices of the peace. The supreme court shall 
consist of a chief justice and tAvo associate judges, any two of whom 
shall be a quorum, and who shall hold a term at the seat of govern- 
ment of the said Territory annually, and they shall hold their offices 
during good behavior. The said Territory shall be divided into 
three judicial districts; and a district court or courts shall be held in 
each of the three districts by one of the judges of the supreme court, 
at such times and places as may be prescribed by law. The jurisdic- 
tion of the several courts herein provided for, both appellate and 
original, and that of the probate courts, and of the justices of the 
peace, shall be as limitedby law: Prodded, hoicerer, That justices 
of the peace shall not have jurisdiction of any matter of controversy 
when the title or boundaries of land may be in dispute, or where the 
debt or sum claimed exceeds fifty dollars. And the said supreme and 
district courts, respect iA^ely, shall possess chancery as well as common- 
law jurisdiction. Each district court shall appoint its clerk, who 
shall keep his office at the place Avhere the court may be held, and the 
said clerks shall also be the registers in chancery ; and any vacancy in 
said office of clerk, hapi^ening in the vacation of said court, may be 
filled by the judge of said district, Avhicli appointment shall continue 
until the next term of said court. And writs of error, l^ills of excep- 
tion, and appeals in chancery causes shall be allowed in all cases from 
the final decisions of the said district courts to the supreme court, 
under such regulations as may be prescribed by law; but in no case 
remoA^ed to the supreme court shall a trial by jury be alloAved in said 
court. The supreme court may appoint its own clerk, and every clerk 
shall hold his office at the pleasure of the court b)^ Avhich he shall liaA^e 



Wisconsin— 1836 4069 

been appainted. And Avrits of error and appeals from the final de- 
cisions of the said supreme court shall be allowed and taken to the 
Supreme Court of the United States, in the same manner, and under 
the same regulations, as from the circuit courts of the United States, 
where the value of the proj^erty or the amount in controversy, to be 
ascertained by the oath or affirmation of either party, shall exceed one 
thousand dollars. And each of the said district courts shall have and 
exercise the same jurisdiction, in all cases arising under the Constitu- 
tion and laws of the United States, as is vested in the circuit and dis- 
trict courts of the United States. And the first six days of every 
term of the said courts, or so much thereof as shall be necessarj^ shall 
be appropriated to the trial of causes arising under the said Constitu- 
tion and laws. And writs of error and appeals from the final de- 
cisions of the said courts in all cases shall be made to the supreme 
court of the Territory, in the same manner as in other cases. The 
said clerks shall receive in all such cases the same fees which the clerk 
of the district court of the United States in the northern district of 
the State of New York receives for similar services. 

Sec. 10. And he it furtlicr enacted^ That there shall be an attorney 
for the said Territory appointed, who shall continue in office four 
years, unless sooner removed by the President, and who shall receive 
the same fees and salary as the attorney of the United States for the 
Michigan Territory. There shall also be a marshal for the Territory 
appointed, who shall hold his office for four years, unless sooner 
removed by the President, who shall execute all process issuing from 
the said courts Avhen exercising their jurisdiction as circuit and dis- 
trict courts of the United States. He shall perform the same duties, 
be subject to the same regulations and penalties, and l^e entitled to the 
same fees as the marshal of the district court of the United States for 
the northern district of the State of Xew York; and shall, in addi- 
tion, be paid the sum of two hundred dollars annually, as a compensa- 
tion for extra services. 

Sec. 11. And he it further enacted^ That the governor, secretary, 
chief justice and associate judges, attorney, and marshal shall be 
nominated and, by and with the advice and consent of the Senate, 
appointed by the JPresident of the United States. The governor and 
secretary to be appointed as aforesaid shall, before they act as such, 
respectively take an oath or affirmation before some judge or justice 
of the peace in the existing Territory of Michigan, duly commissioned 
and qualified to administer an oath or affirmation, to support the 
Constitution of the United States, and for the faithful discharge of 
the duties of their respective offices ; which said oaths, when so taken, 
shall be certified by the person before whom the same shall have been 
taken, and such certificate shall be received and recorded by the said 
secretary among the executive proceedings. And afterwards the 
chief justice and associate judges, and all other civil officers in said 
Territory, before they act as such, shall take a like oath or affirmation 
before the said governor or secretary, or some judge or justice of the 
Territory who may be duly commissioned and qualified, which ■^aid 
oath or affirmation shall be certified and transmitted by the person 
taking the same to the secretary, to be by him recorded as aforesaid ; 
and afterwards the like oath or affirmation shall be taken, certified, 
and recorded in such manner and form as may be prescribed by law. 
7535— VOL 7—09 19 



4070 Wisconsin— 1836 

The governor shall receive an annual salary of two thousand five 
hundred dollars for his services as governor, and as sujierintendent 
of Indian affairs. The said chief justice and associate judges shall 
each receive an annual salary of eighteen hundred dollars. The 
secretary shall receive an annual salary of twelve hundred dollars. 
The said salaries shall be paid quarter-yearly, at the Treasury of the 
United States. The members of the legislative assembly shall be 
entitled to receive three dollars each per day during their attendance 
at the sessions thereof, and three dollars each for every twenty miles' 
travel in going to and returning from the said sessions, estimated 
according to the nearest usualh^-traveled route. There shall be 
appropriated annuall}' the sum of three hundred and fifty dollars, 
to be expended by the governor to defray the contingent expenses of 
the Territory, and there shall also be appropriated annually a suffi- 
cient sum, to be expended by the secretary of the Territory, and upon 
an estimate to be made by the Secretary of the Treasury of the 
United States, to defray the expenses of the legislative assembly, the 
printing of the laws, and other incidential expenses; and the secre- 
tary of the Territory shall annually account to the Secretary of the 
Treasury of the United States for the manner in which the aforesaid 
sum shall have been expended. 

Sec. 12. And he it further enacted., That the inhabitants of the said 
Territory shall be entitled to, and enjoy, all and singular the rights, 
privileges, and advantages granted and secured to the peo])le of the 
territory of the United States northwest of the river Ohio, by the 
articles of the compact contained in the ordinance for the government 
of the said territory, passed on the thirteenth day of July, one thou- 
sand seven hundred and eighty-seven ; and shall be subject to all the 
conditions and restrictions and prohibiti(ms in said articles of com- 
pact imposed ujion the people of the said territory. The said inhabi- 
tants shall also be entitled to all the rights, privileges, and immunities 
heretofore gi'anted and secured to the Territory of Michigan, and to 
its inhabitants, and the existing laws of the Territory of Michigan 
shall be extended over said Territory, so far as the same shall not be 
incompatible with the provision of this act, subject, nevertheless, to 
be altered, modified, or repealed by the governor and legislative 
assembly of the said Territory of Wisconsin ; and further, the laws 
of the United States are hereby extended over, and shall be in force 
in, said Territory, so far as the same, or any provisions thereof, may 
be applicable. 

Sec. 13. And he it further enacted. That the legislative assembly of 
the Territory of Wisconsin shall hold its first session at such time and 
place in said Territory as the governor thereof shall appoint and 
direct; and at said session, or as soon thereafter as may by them be 
deemed expedient, the said goA'ernor and legislative assembly shall 
proceed to locate and establish the seat of government for said Terri- 
tory, at such place as they may deem eligible, which place, however, 
shall thereafter be subject to be changed by the said governor and 
legislative assembly. And twenty thousand dollars, to be paid out 
of any money in the Treasury not otherwise appropriated, is hereby 
given to the said Territory, which shall be applied by the governor 
and legislative assembly to defray the expenses of erecting public 
buildings at the seat of government. 



Wisconsin — 18 46 4071 

Sec. 14^ And he it further' e?iacted, That a Delegate to the Plouse of 
Representatives of the United States, to serve for the term of two 
years, may be elected by the voters qualified to elect members of the 
legislative assembly, who shall be entitled to the same rights and 
privileges as have been granted to the Delegates from the several 
Territories of the United States to the said House of Representatives. 
The first election shall be held at such time and place or places, and 
be conducted in such manner, as the governor shall appoint and direct. 
The i^erson having the greatest number of votes shall be declared by 
the governor to be duly elected, and a certificate thereof shall be given 
to the person so elected. 

Sec. 15. And he it further' enacted^ That all suits, jjrocess, and pro- 
ceedings, and all indictments and informations, which shall be unde- 
termined on the third day of July next in the courts held by the addi- 
tional judge for the Michigan Territory, in the counties of Brown and 
loAva ; and all suits, process, and proceedings, and all indictments and 
informations, which shall be inidetermined on the said third day of 
July, in the county courts of the several counties of Crawford, Brown, 
Iowa, Dubuque, Milwalke, [Milwaukie,] and Des Moines, shall be 
transferred to be heard, tried, prosecuted, and determined in the dis- 
trict courts hereby established, which may include the said counties. 

Sec. 16. And he it further enacted., That all causes which shall have 
been or may be removed from the courts held by the additional judge 
for the Michigan Territory, in the counties of Brown and Iowa, by 
appeal or otherwise, into the supreme court for the Territory of Mich- 
igan, aiid which shall be undetermined therein on the third day of 
July next, shall be certified by the clerk of the said supreme court, and 
transferred to the supreme court of said Territory of Wisconsin, there 
to be proceeded in to final determination, in the same manner that they 
might have been in the said supreme court of the Territory of 
Michigan. 

Sec. 17. And he it further enacted^ That the sum of five thousand 
dollars be, and the same is hereby, appropriated, out of any mone}^ in 
the Treasury not otherwise appropriated, to be expended by and 
under the direction of the legislative assembly of said Territory, in 
the purchase of a library for the accommodation of said assembly, and 
of the supreme court hereby established. 

Approved, x\pril 20, 1836. 



TERRITORIAL GOVERNMENT OF IOWA— 1838 

(See "Iowa," p. 1111.) 

ENABLING ACT FOR WISCONSIN— 1846 

[Twenty-ninth Congress, First Session] 

An Act to enable the i)eoi)le of "NA'isconsin Territory to form a constitution and 
State government, and for the admission of such State into the Union. 

Be it enacted^ hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That the people of 



4072 Wisconsin— 1846 

the Territor}^ of Wisconsin be, and the}^ are hereby, authorized to 
form a constitution and State government, for the })nrpose of being 
admitted into the Union on an equal footing with the original States 
in all resi^ects wlratsoever, by the name of the State of Wisconsin, 
with the following boundaries, to wit : Beginning at the northeast 
corner of the State of Illinois ; that is to say, at a point in the centre 
of Lake Michigan where the line of forty-two degrees and thirty 
minutes of north latitude crosses the same; thence, running Avith the 
boundary-line of the State of ]\Iichigan, through Lake Michigan, 
Green Bay, to the mouth of the jNIenomonie River; thence up the 
channel of said river to the Brule River; thence up said last-men- 
tioned river to Lake Brule; thence along the southern shore of Lake 
Brule in a direct line to the Centre of the channel between Middle 
and South Islands, in the Lake of the Desert ; thence in a direct line 
to the headwaters of the Montreal River, as marked upon the survey 
made l)y Captain Cramm: thence down the main channel of the Mon- 
treal River to the middle of Lake Superior; thence through the cen- 
tre of Lake Superior to the mouth of the Saint Louis River; thence 
up the main channel of said river to the first rapids in the same, above 
the Indian village, according to Nicollet's map; thence due south to 
the main branch of the river Saint Croix; thence down the main 
channel of said river to the Mississippi; thence down the centre of 
the main channel of that river to the northwest corner of the State of 
Illinois; thence due east with the northern boundary of the State of 
Illinois to the ])lace of beginning, as established by "An act to enable 
the people of the Illinois Territory to form a constitution and State 
govennnent, and for the admission of such State into the Union on an 
equal footing with the original States,"' approved April eighteen, 
eighteen hundred and eighteen. 

Sec. 2. And he it further enacted^ That, to prevent all disputes in 
reference to the jurisdiction of islands in the said Brule and Menom- 
onie Rivers, the line be so run as to include within the jurisdiction 
of Michigan all the islands in the Bride and Me;ionionie Rivers, (to 
the extent in which said rivers are adopted as a boundary,) down to, 
and inclusive of, the Quinnesec Falls of the ]Menom(mie; and from 
thence the line shall be so run as to include within the jurisdiction 
of Wisconsin all the islands in the Menomonie River from the falls 
aforesaid doAvn to the junction of said river with Green Bay: Pro- 
vided^ That the adjustment of l)oundary, as fixed in this act, between 
Wisconsin and ^Michigan shall not be binding on Congress unless the 
same shall be ratified b}^ the State of Michigan on or before the first 
day of June, one thousand eight hundred and forty-eight. 

Sec. 3. And he it further enacted^ That the said State of Wisconsin 
shall have concurrent jurisdiction on the JNIississippi, and all other 
rivers and waters bordering on the said State of Wisconsin, so far as 
the same shall form a common l)oundary to said State and any other 
State or States now or hereafter to be formed or bounded by the 
same; and said river and waters, and the navigable waters leading 
into the same, shall be common highways, and forever free, as well 
to the inhabitants of said State as to all other citizens of the United 
States, without any tax, duty, impost, or toll therefor. 

Sec. 4. And he it further enacted^ That from and after the admis- 
sion of the State of Wisconsin into the Union, in pursuance of this 
act, the laws of the United States, which are not locally inapplicable, 



Wisconsi7i—1846 4073 

shall have the same force and effect within the State of Wisconsin 
as elsewhere within the United States ; and said State shall constitute 
one district, and be called the district of Wisconsin; and a district 
court shall be held therein, to consist of one judge, who shall reside 
in the said district and be called a district judge. He shall hold, at 
the seat of government of said State, two sessions of said court annu- 
ally, on the first Mondays in January and July, and he shall in all 
things have and exercise the same jurisdiction and powers which were 
by lavv^ given to the judge of the Kentucky district under an act enti- 
tled "An act to establish the judicial courts of the United States." 
He shall ajDpoint a clerk for said district, who shall reside and keep 
the records of said court at the place of holding the same ; and shall 
receive for the services performed by him the same fees to which the 
clerk of the Kentucky district is by law entitled for similar services. 
There shall be allowed to the judge of said district court the annual 
compensation of fifteen hundred dollars, to commence from the date 
of his ajopointment, to be paid quarterly at the Treasury of the United 
States. 

Sec. 5. And he it further enacted, That there shall be appointed in 
said district a person learned in the law to act as attorney of the 
United States, who, in addition to the stated fees, shall be paid the 
sum of tAvo hundred dollars annualW by the United States, as a full 
compensation for all extra services; the said payment to be made 
quarterly at the Treasury of the United States. And there shall 
also be apj^ointed a marshal for said district, who shall perform the 
same duties, be subject to the same regulations and penalties, and be 
entitled to the same fees as are prescribed and allowed to marshals in 
other districts ; and shall, moreover, be allowed the sum of two hun- 
dred dollars annually as a compensation for all extra services. 

Sec. 6. And he it further enacted, That, until another census shall 
be taken and apportionment made, the State of Wisconsin shall be 
entitled to two Representatives in the Congress of the United States. 

Sec. 7. And he it further enacted, That the following propositions 
are hereby submitted to the convention which shall assemble for the 
puri^ose of forming a constitution for the State of Wisconsin,, for 
acceptance or rejection ; and if accepted by said convention, and rati- 
fied by an article in said constitution, they shall be obligatory on the 
United States : 

First. That section numbered sixteen, in every township of the 
public lands in said State, and, where such section has been sold or 
otherwise disposed of, other lands equivalent thereto, and as contig- 
uous as may be, shall be granted to said State for the use of schools. 

Second. That the seventy-two sections or two entire toAvnships of 
land set apart and reserved for the use and support of a university, 
by an act of Congress a'pproved on the twelfth day of June, eighteen 
hundred and thirty-eight, entitled "An act concerning a seminary of 
learning in the Territory of Wisconsin," are hereby granted and con- 
veyed to the State, to be appropriated solely to the use and support 
of such university, in such manner as the legislature may prescribe. 

Third. That ten entire sections of land, to be selected and located 
under the direction of the legislature, in legal divisions of not less 
than one quarter-section, from any of the unappropriated lands 
belonging to the United States within the said State, are hereby 
granted to the said State, for the purpose of completing the public 



4074 Wisconsi7i — ]84S 

buildings of the said State, or for the erection of others at the seat 
of government, under the direction of the legislature thereof. 

Fourth. That all salt-springs Avithin said State, not exceeding 
twelve 'in number, with six sections of land adjoining, or as contig- 
uous as may be to each, shall be granted to the State for its use ; the 
same to be selected by the legislature thereof within one year after 
the admission of said State ; and, when so selected, to be used or dis- 
posed of on such terms, conditions, and regulations as the legislature 
shall direct: Provided, That no salt-spring or land, the right whereof 
is now vested in any individual or individuals, or which may here- 
after be confirmed or adjudged to any individual or individuals, 
shall, by this section, be granted to said State. 

Fifth. That five per cent, of the net proceeds of sales of all public 
lands lying within the said State, which have been or shall be sold by 
Congress, from and after the admission of said State into the Union, 
after deducting all the expenses incident to the same, shall be paid to 
the said State for the purpose of making public roads and canals in 
the same, as the legislature shall direct : Provided, That the foregoing 
propositions heroin offered are on the condition that the said conven- 
tion which shall form the constitution of said State shall provnde, by 
a clause in said constitution, or an ordinance, irrevocable without the 
consent of the United States, that said State shall never interfere 
with the ])rimary disposal of the soil within the same by the United 
States, nor with any regulations Congress may find necessary for 
securing the title in such soil to hona-fde purchasers thereof; and 
that no tax shall be imposed on lands the property of the United 
States; and that in no case shall non-resident proprietors be taxed 
higher than residents. 

Approved. August 6, 1846. 



ACT FOR THE ADMISSION OF WISCONSIN— 1848 

[Thirtieth Congress. First Session] 
■ An Act for the ailmission of the State of AVisconshi into the TTnion 

"VVliereas the people of the Territory of Wisconsin did, on the first 
day of February, eighteen hundred and forty-eight, by a convention 
of delegates, called and assembled for that purpose, form for them- 
selves a constitution and State government, which said constitution 
is reioublican, and said convention having asked the admission of said 
Territory into the Union as a State, on an equal footing with the 
original States: 

Be it enacted hy the Senate and House of Representatires of the 
United States of America in Congress assemhled. That the State of 
Wisconsin be, and is hereby, admitted to be one of the United States 
of America, and is hereby admitted into the Union on an equal foot- 
ing with the original States, in all respects whatever, with the bound- 
aries prescribed by the act of Congress, aj^proved August sixth, eight- 
een hundred and forty-six, entitled "An act to enable the people of 
Wisconsin Territory to form a constitution and State government, 
and for the admission of such State into the Union." 

Sec. 2. A7}d he it further enacted, That the assent of Congress is 
hereb}^ given to the first, second, fourth, and fifth resolutions adopted 



Wisconsin — J 8 48 4075 

by said convention, and appended to said constitution; and the acts 
of Congress referred to in the said resohitions are hereby amended, 
so that the hinds granted by the provisions of the several acts referred 
to in the said first and fourth resohitions, and the proceeds of said 
lands, and the five per centum of the net proceeds of the iDublic lands 
therein mentioned, shall be held and disposed of by said State, in 
the manner and for the purposes recommended by said convention ; 
and so that, also, the lands reserved to the United States by the pro- 
visions of the act entitled "An act to grant a quantity of land to aid 
in the improvement of the Fox and Wisconsin Eivers, and to connect 
the same by a canal in the Territory of AVisconsin;" and, also, the 
even-numbered sections reserved by the provisions of the act entitled 
"An act to grant a quantity of land to the Territory of Wisconsin, for 
the purpose of aiding in opening a canal to connect the waters of 
Lake Michigan Avith those of Rock River," shall be offered for sale 
at the same minimum price, and subject to the same rights of pre- 
einpti(m, as other public lands of the United States: Pi'orided., how- 
ever^ That no j^erson shall be entitled to a preemption by reason of 
the settlement and cultivation of any quarter-section or other sub- 
division of said even-numbered sections, which tract, before the com- 
mencement of such settlement, shall have been claimed by any other 
person cultivating and improving the same in good faith, and which 
shall have continued to be claimed, cultivated, and improved in like 
good faith by such person, his representatives or assigns, until the 
sale of said tract, and of which said prior claim, cultivation, and 
improvement, the person so claiming preemption shall have had notice 
at the time of his entry and settlement ; neither shall any preemption 
be allowed to any tract, to the injury of any person, or of the repre- 
sentatives or assigns of any person, claiming and occupying the same 
or any part thereof in good faith, in his or her right, at the passage 
of this act, and owning valuable cultivation or improvements thereon, 
which cultivation or improvements shall have been assigned by the 
person so claiming preemption, or, if commenced subsequently to the 
entry and settlement of such person, shall have been made with his 
consent or acquiescence: And provided further^ That the liabilities 
incurred by the territorial government of Wisconsin, under the act 
entitled "x^.n act to grant a quantity of land to the Territory of Wis- 
consin, for the purpose of aiding in opening a canal to connect the 
waters of Lake Michigan with those of Rock River," hereinbefore 
referred to, shall be paid and discharged by the State of Wisconsin. 

Sec. 3. And, he it further enacted^ That the purchasers of any tract 
of the said even-numbered sections mentioned in the preceding sec- 
tion, and sold since the reservation thereof at the minimum price 
of two dollars and fifty cents per acre, shall be entitled to receive 
from the Commissioner of the General Land Office a certificate of 
the quantity of land so purchased, and of the amount of the excess 
paid therefor over and above the value of said land, at the rate of 
one dollar and twenty-five cents per acre; which certificate, to the 
amount of such excess, shall be receivable from the holder thereof, 
or his assigns, in like manner as so much money, in payment of the 
public lands of the United States. That in the event of the death 
of any such purchaser before the issuing of such certificate, the sum 
shall be issued in favor of the lawful representatives of such pur- 
chaser. 



4076 Wisconsin — 18 48 

Sec. 4. And he it further enacted, That the judge of the district 
court for the district of Wisconsin shall hold a term of said court in 
each year at the seat of government, to commence on the first Monday 
of July, and another term of said court in each year at Milwaukee, 
to commence on the first Monday of January. He shall also have 
power to hold special terms for the trial of causes, and for the 
determination of all suits or proceedings in said courts, at either of 
the aforesaid places, at his discretion, as the nature and amount of 
the business may require. The said court shall be open at all times 
for the purpose of hearing and deciding cases of admiralty and 
maritime jurisdiction, so far as the same can be done without a jury. 
The records and papers of said court may be kept at either of the 
places herein designated for the holdmg of said court, as the judge 
in his discretion shall direct. 

Sec. 5. And he it further enacted, That the clerks of the district 
courts of the Territory of Wisconsin shall, before their term of office 
expires, certify under seal, and transmit to the clerk of said courts, 
all records of all unsatisfied judgments, and of suits pending in said 
courts respectively, attaching thereto all papers connected therewith, 
in all cases arising under the laws or Constitution of the United 
States, or to which the United States shall be a party; and they 
shall forward the same to the clerk of said district court of the 
State of Wisconsin, who shall enter tlie same in his docket, and the 
said district court shall proceed therein to final judgment and execu- 
tion, as if such suits or proceedings had originally been brought in 
said court. 

Sec." 6. And he it further enacted, That the clerk of the supreme 
court of the Territory of AVisconsin shall deliver to the clerks 
of said district court ail records and papers in the office of the clerk 
of the said supreme court relating to proceedings in bankruptcy 
under the late bankrupt law of the United States. He shall also 
certify, under seal, and deliver to said clerk, all records of judgments 
ancl of proceedings in suits pending, and all papers connected there- 
with, in cases arising under the Constitution and laws of the United 
States. 

Sec. 7. And he it further enacted, That from and after the fourth 
day of March, eighteen hundred and forty-nine, and until another 
census and apportionment shall be made, the State of Wisconsin 
shall be entitled to three representatives in the Congress of the United 
States. 

Approved, May 29, 1848. 



Wisconsin^! 848 4077 



CONSTITUTION OF THE STATE OF WISCONSIN— 1848 * " 

PREAMBLE 

We, the people of Wisconsin, grateful to Almighty God for our 
freedom ; in order to secure its blessings, form a more perfect govern- 
ment, insure domestic tranquility and promote the general welfare ; 
do establish this Constitution. 

Article I 

DECLARATION OF RIGHTS 

Section 1. All men are born equally free and independent, and 
have certain inherent rights; among these are life, liberty, and the 
pursuit of happiness: to secure these rights governments are insti- 
tuted among men, deriving their just powers from the consent of the 
governed. 

Section 2. There shall be neither slavery, nor involuntary servitude 
in this State, otherwise than for the punishment of crime, whereof 
the party shall have been duly convicted. 

Section 3. Every person may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right, and no laws shall be passed to restrain or abridge the liberty of 
speech, or of the press. In all criminal prosecutions, or indictments 
for libel, the truth may be given in evidence, and if it shall appear to 
the jury, that the matter charged as libelous be true, and was pub- 
lished with good motives and for justifiable ends, the party shall be 
acquitted ; and the jury shall have the right to determine the law and 
the fact. 

Section 4. The right of the people peacably to assemble, to consult 
for the common good, and to petition the government, or any depart- 
ment thereof, shall never be abridged. 

Section 5. The right of trial by jury shall remain inviolate; and 
shall extend to all cases at law, without regard to the amount in con- 
troversy; but a jury trial may be waived by the parties in all cases, 
in the manner prescribed by law. 

Section 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual punishments inflicted. 

Section 7. In all criminal prosecutions, the accused shall enjoy the 
right to be heard by himself and counsel ; to demand the nature and 
cause of the accusation against him; to meet the witnesses face to 
face; to have compulsory process to compel the attendance of wit- 
nesses in his behalf; and in prosecution by indictment, or informa- 
tion, to a speedy public trial by an impartial jury of the county or 

* Constitution of the State of Wisconsin, with a Brief History of the Admission 
of Wisconsin to the Union. Prepared under Direction of W. L. Houser, Secre- 
tary of State. Madison, Wis. Democrat Printing Company, State Printer 1906. 
48 pp. 

oThe text of the State Constitution given here follows the original certified 
copy on file in the Department of State. The use of capital letters and punctua- 
tion marks conforms with the original. 



4078 Wisconsi7i—l 848 

district wherein the offence shall have been committed ; which county 
or district shall have been previously ascertained by law, 

Sectiox 8. No person shall be held to answer for a criminal offence, 
unless on the presentment, or indictment of a Grand Jury, except in 
cases of impeachment, or in cases cognizable by Justices of the 
Peace, or arising in the Army, or Xavy, or in the militia when in 
actual -service in time of war, or public danger ; and no person for 
the same offence shall be put twice in jeopardy of punishment, nor 
shall be compelled in any criminal case to be a witness against him- 
self; all persons shall before conviction, be bailable by sufficient 
sureties, except for capital offenses, when the proof is evident, 
or the presumption great ; and the privilege of the writ of habeas- 
corpus shall not be suspended unless when, in cases of rebellion, or 
invasion, the public safety may require. 

Section 9. Every person is entitled to a certain remed}^ in the 'laws, 
for all injuries, or wrongs which he may receiA^e in his person, prop- 
erty, or character; he ought to obtain justice freely, and without being 
obliged to purchase it, completely and without denial, promptly and 
without delay, conformably to the laws. 

Section 10. Treason against the State shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid 
and comfort. Xo person shall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Section 11. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures 
shall not be violated ; and no warrants shall issue but upon probable 
cause, supported hy oath, or affirmation and particularly describing 
the place to be searched, and the persons or things to be seized. 

Section 12. No bill of attainder, ex-post facto law, nor any law 
impairing the obligation of contracts shall ever be passed, and no 
conviction shall work corruption of blood, or forfeiture of estate. 

Section 13. The property of no person shall be taken for public 
use, without just compensation therefor. 

Section 14. All lands within the state are declared to be allodial, 
and feudal tenures are prohibited. — Leases and grants of agricultural 
land, for a longer term than fifteen years, in which rent, or service of 
any kind shall be reserved, and all fines and like restraints upon 
alienation, reserved in any grant of land, hereafter made, are declared 
to V)e void. 

Section 15. No distinction shall ever be made by law, between 
resident aliens and citizens, in reference to the possession, enjoyment, 
or descent of property. 

Section 16. No person shall be imprisoned for debt, arising out of, 
or founded on a contract, expressed or implied. 

Section 17. The privilege of the debtor to enjoy the necessary com- 
forts of life, shall be recognized by wholesome laws, exempting a 
reasonable amount of property from seizure, or sale for the payment 
of any debt, or liability hereafter contracted. 

Section 18. The right of every man to Avorship Almighty (xod, ac- 
cording to the dictates of his own conscience, shall never be infringed ; 
nor shall any man be compelled to attend, erect, or su))port any place 
of Avorship, or to maintain any ministry against his consent; nor 



Wisconsi7i—1848 4079 

shall any control of, or interference with, the rights of conscience be 
permitted, or any preference be given by law to any religions estab- 
lishments, or modes of worship ; nor shall any money be drawn from 
the treasury for the benefit of religions societies, or religions, or 
theological seminaries. 

Section 19. No religious test shall ever be required as a qualifica- 
tion for any office of public trust under the State, and no person shall 
be rendered incompetent to give evidence in any court of law, or 
equity, in consequence of his opinions on the subject of religion. 

Section 20. The military shall be in strict subordination to the 
civil power. 

Section 21. Writs of error shall never be prohibited by law. 

Section 22. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, fru- 
gality and virtue, and by frequent recurrence to fundamental 
principles. 

Article II 

BOUNDARIES 

Section 1. It is hereby ordained and declared, that the State of 
Wisconsin doth consent and accept of the boundaries prescribed in 
the act of Congress entitled ''An act to enable the people of Wis- 
consin Territory to form a Constitution and State government and 
for the admission of such State into the Union," approved August 
sixth, one thousand eight hundred and forty-six, to-wit: Beginning 
at the north-east corner of the State of Illinois — that is to say; at 
a point in the center of Lake Michigan, where the line of forty-two 
degrees and thirty minutes of north latitude crosses the same ; thence 
running with the boundary line of the State of Michigan, through 
Lake Michigan, Green Bay, to the mouth of the Menominie river; 
thence up the channel of the said river to the Brule river; thence up 
said last mentioned river to Lake Brule; thence along the southern 
shore of Lake Brule in a direct line to the center of the channel 
between Middle and South Islands, in the Lake of the Desert; 
thence in a direct line to the head waters of the Montreal river, as 
marked upon the survey made by Captain Cramm ; thence down the 
main channel of the Montreal river to the middle of Lake Superior, 
thence through the center of Lake Superior to the mouth of the 
St. Louis river; thence up the main channel of said river to the first 
rapids in the same, above the Indian village, according to Nichollet's 
map; thence due south to the main branch of the river St. Croix; 
thence down the main channel of said river to the Mississippi ; thence 
down the centre of the main channel of that river to the north-west 
corner of the State of Illinois; thence due east with the northern 
boundary of the State of Illinois to the place of beginning, as estab- 
lished by ^' an act to enable the people of the Illinois Territory to 
form a constitution and State government, and for the admission of 
such State into the Union on an equal footing with the original 
States," approved April 18, 1818. Provided, however, that the fol- 
lowing alteration of the aforesaid boundary be, and hereby is pro- 
posed to the Congress of the United States as the preference of the 
State of Wisconsin, and if the same shall be assented and agreed to 



4080 Wisconsin— 1 848 

by the Congress of the United States, then the same shall be and 
forever remain forever obligatory on the State of Wisconsin, viz: 
Leaving the aforesaid boundary line at the foot of the rapids of the 
St. Louis river; thence in a direct line, bearing South-westerly, to 
the mouth of the Iskodewabo or Rum river, where the same empties 
into the MississipjDi river, thence down the main channel of the said 
Mississippi river as prescribed in the aforesaid boundary. 

Section 2. The propositions contained in the act of Congress are 
hereby accepted, ratified and confirmed, and shall remain irrevocable 
Avithout the consent of the United States; and it is hereby ordained 
that this State shall never interfere with the primary disposal of the 
soil within the same b}^ the United States, nor with any regulations 
Congress ma}' find necessary for securing the title in such soil to 
bona-fide purchasers thereof; and no tax shall be imposed on land, 
the property of the United States; and in no case shall non-resident 
proprietors be taxed higher than residents. Provided, that nothing in 
this Constitution, or in the act of Congress aforesaid, shall in any 
manner prejudice, or aft'ect the right of the State of Wisconsin to 
five hundred thousand acres of land, granted to said State, and to be 
hereafter selected and located by and under the Act of Congress 
entithnl ''An act to a])proiiriate the proceeds of the sales of the pub- 
lic lands, and grant pre-enijjtion rights," approved September fourth, 
one thousand eight hundred and forty-one. 

Akticle III 

SUFFRAGE 

Section 1. Every male person of the age of twenty-one years or 
upwards, belonging to either of the following classes, who shall have 
resided in the State for one vear next preceding any election, shall 
be deemed a qualified elector at such election: 

First. — White citizens of the United States. 

Second. — White persons of foreign birth who shall have declared 
their intention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. 

Third. — Persons of Indian blood who have once been declared by 
law of Congress to be citizens of the United States, any subsequent 
law of Congress to the contrary notAvithstanding. 

Fourth. — Civilized persons of Indian descent, not members of any 
tribe : Prcjvided, that the legislature may at aii}^ time extend, by law, 
the right of suffrage to persons not herein enumerated, but no such 
laAv shall be in force until the same shall have been submited to a 
vote of the people at a general election, and approved by a majority 
of all the votes cast at such election. 

Section 2. No person under guardianship, non-compos mentis, or 
insane, shall be qualified to vote at any election ; nor shall any person 
convicted of treason, or felony, be qualified to vote at any election, 
unless restored to civil rights. 

Section. 3. xVll votes shall be given by ballot, except for such town- 
ship officers as may by law be directed, or allowed to be otherwise 
chosen. 



Wisconsin— 1848 4081 

Section 4. No person shall be deemed to have lost his residence in 
this State, by reason of his absence on business of the United States, 
or of this State. 

Section 5. No soldier, seaman, or marine in the army or navy of 
the United States shall be deemed a resident of this State, in conse- 
quence of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suf- 
frage all persons who have been or may be convicted of bribery, or 
larceny, or of any infamous crime, and depriving every person who 
shall make, or become directly, or indirectly interested, in any bet or 
wager depending upon the result of any election, from the right to 
vote at such election. 

Article IV 

LEGISLATIVE 

Section 1. The Legislative power shall be vested in a Senate and 
Assembly. 

Section 2. The number of the members of the xVssembly shall 
never be less than fifty-four, nor more than one hundred. The 
Senate shall consist of a number not more than one-third, nor less 
than one-fourth of the number of the members of the Assembl3^ 

Section 3. The legislature shall provide by law for an enumera- 
tion of the inhabitants of the State in the year one thousand eight 
hundred and fifty-five, and at the end of every ten years thereafter; 
and at their first session after such enumeration, and also after each 
enumeration made by the authority of the United States, the legis- 
lature shall apportion and district anew the meuibers of the Senate 
and Assembly, according to the number of inhabitants, excluding 
Indians not taxed, and soldiers and officers of the United States 
Army and Navy. 

Section 4. The members of the Assembly shall be chosen annually 
by single districts, on the Tuesday succeeding the first Monday of 
November, by the qualified electors of the several districts. Such 
districts to be bounded by county, precinct, town, or ward lines, to 
consist of contiguous territory, and be in as compact form as prac- 
ticable. 

Section 5. The Senators shall be chosen by single districts of con- 
venient contiguous territory, at the same time and in the same 
manner as members of the Assembly are required to be chosen, and 
no Assembly district shall be divided in the formation of a Senate 
district. The Senate districts shall be numbered in regular series, 
and the Senators chosen by the odd-numbered districts shall go out 
of office at the expiration of the first year, and the Senators cliosen 
by the even-numbered districts shall go out of office at the expiration 
of the second year, and thereafter the Senators shall be chosen for 
the term of two years. 

Section G. No person shall be eligible to the Legislature, who shall 
not have resided one year within the State, and be a qualified elector 
in the district which he may be chosen to represent. 

Section 7. Each house shall be the judge of the elections, returns 
and qualifications of its own members; and a majority of each shall 



4082 Wisconsin— 1 848 

constitute a quorum to do business : but a smaller number may ad- 
journ from day to day, and may compel the attendance of absent mem- 
bers in such manner, and under such penalties, as each house may 
provide. 

Section 8. Each house may determine the rules of its oAvn pro- 
ceedings, punish for contempt and disorderly behavior, and with the 
concurrence of two-thirds of all the members elected, expel a mem- 
ber; but no member shall be expelled a second time for the same 
cause. 

Section 9. Each house shall choose its own officers, and the Senate 
shall choose a temporary president, when the Lieutenant-Governor 
shall not attend as president, or shall act as Governor. 

Section 10. Each house shall keep a journal of its proceedings and 
publish the same, except such parts as require secrecy. The doors of 
each house shall be kept open except when the public welfare shall 
require secrec}'. Neither house shall, without consent of the other, 
adjourn for more than three days. 

Section 11. The legislature shall meet at the seat of government, 
at such time as shall be provided by law, once in each year, and not 
oftener, unless convened by the Governor. 

Section 12. No menri)er of the Legislature shall, during the term 
for which he was elected, be appointed or elected to any civil office in 
the State, which shall have been created, or the emoluments of which 
shall have been increased, during the term for which he was elected. 

Section 13. No person being a member of Congress, or holding any 
military or civil office under the United States, shall be eligible to a 
seat in the Legislature, and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or be appointed 
, to any office, civil or military, under the government of the United 
States, his acceptance thereof shall vacate his seat. 

Section 14. The governor shall issue Avrits of election to fill such 
vacancies as may occur in either house of the Legislature. 

Section 15. Members of the Legislature shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest; 
nor shall they be subject to any civil process, during the session of the 
Legislature, nor for fifteen days next before the commencement and 
after the termination of each session. 

Section 16. No member of the Legislature shall be liable in any 
civil action, or criminal prosecution whatever, for words spoken in 
debate. 

Section 17. The style of the laws of the State shall be " The people 
of the State of Wisconsin, represented in Senate and Assembly, do 
enact as follows : " and no law shall be enacted except by bill. 

Section 18. No private or local. bill which may be passed by the 
Legislature shall embrace more than one subject, and that shall be 
expressed in the title. 

Section 10. Any bill may originate in either house of the Legis- 
lature, and a bill passed by one house may be amended by the other. 

Section 20. The yeas and nays of the members of either house, on 
any question shall, at the request of one-sixth of those present, be 
entered on the journal. 

Section 21. Each member of the Legislature shall receive for his 
services two dollars and fifty cents for each days attendance during 



Wisconsin— 1848 4083 

the session, ^nd ten cents for every mile he shall travel in going to 
and returning from the place of the meeting of the Legislature, on 
the most usual route. 

Section 22. The Legislature may confer upon the boards of super- 
visors of the several counties of the State, such powers of a local, 
legislative and administrative character, as they shall from time to 
time prescribe. 

Section 23. The Legislature shall establish but one system of town 
and county government, which shall be as nearly uniform as practi- 
cable. 

Section 24. The Legislature shall never authorize any lottery, or 
grant any divorce. 

Section 25. The Legislature shall provide by law, that all station- 
ary required for the use of the State, and all printing authorized and 
required by them to be done for their use, or for the State, shall be 
let by contract to the lowest bidder, but the Legislature may establish 
a maximum price; no member of the Legislature, or other State 
Officer shall be interested, either directly or indirectly, in an}^ such 
contract. 

Section 26. The Legislature shall never grant any extra compensa- 
tion to any public officer, agent, servant, or contractor, after the serv- 
ices shall have been rendered, or the contract entered into; nor shall 
the compensation of an}^ public officer be increased, or diminished 
during his term of office. 

Section 2T. The Legislature shall direct by law in what manner 
and in what courts, suits may be brought against the State. 

Section 28. Members of the Legislature, and all officers, executive 
and judicial, except such inferior officers as may be by law exempted, 
shall before they enter upon the duties of their respective offices, take 
and subscribe on oath, or affirmation to support the Constitution of 
the United States, and the Constitution of the State of Wisconsin, 
and faithfully to discharge the duties of their respective offices to the 
best of their ability. 

Section 29. The Legislature shall determine what persons shall 
constitute the militia of the State, and may provide for organizing 
and disciplining the same in such a manner as shall be prescribed by 
law. 

Section 30. In all elections to be made by the Legislature, the 
members thereof shall vote viva-voce, and their votes shall be entered 
on the journal. 

Article V 

executive 

Section 1. The Executive power shall be vested in a Governor, who 
shall hold his office for two years; a Lieutenant-Governor shall be 
elected at the same time, and for the same term. 

Section 2. No person except a citizen of the United States, and a 
qualified elector of the State, shall be eligible to the office of Gov- 
ernor, or Lieutenant-Governor. 

Section 3. The Governor and Lieutenant-Governor shall be elected 
by the qualified electors of the State, at the times and places of choos- 
ing members of the Legislature. The persons respectively having the 



4084 Wisconsin— 1 848 

highest number of votes for Governor and Lieutenant-Governor, shall 
be elected; but in case two or more shall have an equal and the 
highest number of votes for Governor, or Lieutenant-Governor, the 
two houses of the Legislature, at its next annual session, shall forth- 
with, by joint ballot, choose one of the persons so having an equal and 
the highest nuuiber of votes, for Governor, or Lieutenant-Governor. 
The returns of election for Governor and Lieutenant-Governor, shall 
be made in such manner as shall be provided by laAv. 

Section 4. The Governor shall be Commander-in-chief of the Mili- 
tary and Naval forces of the State. He shall have power to convene 
the Legislature on extraordinary occasions, and in case of invasion, 
or danger from the prevalence of contagious disease at the seat of 
government, he may convene them at any other suitable place within 
the State. He shall communicate to the Legislature, at every ses- 
sion, the condition of the State; and recommend such matters to 
them for their consideration as he may deem expedient. He shall 
transact all necessary business with the officers of the government, 
civil and military. He shall expedite all such measures as may be 
resolved upon by the Legislature, and shall take care that the laws 
be faithfully executed. 

Section 5. The Governor shall receive during his continuance in 
office, an annual compensation of one thousand two hundred and fifty 
dollars. 

Section G. The Governor shall have power to grant reprieves, com- 
mutations and pardons after conviction, for all olfences, except trea- 
son and cases of impeachment, upon such conditions and with such 
restrictions and limitations as he may think proper, subject to such 
regulations as may be provided by law relative to the manner of 
applying for pardons. Upon conviction for treason, he shall have 
the power to suspend the execution of the sentence, until the case 
shall be reported to the Legislature at its next meeting, when the 
Legislature shall either pardon, or commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He shall 
annually communicate to the Legislature each case of reprieve, com- 
uHitation or pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, and the 
date of the commutation, pardon or reprieve, with his reasons for 
granting the same. 

Section 7. In case of the impeachment of the Governor, or his 
removal from office, death, inability from mental or physical disease, 
i-esignation, or absence from the State, the powers and duties of the 
office shall devolve upon the Lieutenant-Governor for the residue of 
the term, or until the Governor, absent or impeached, shall have 
returned, or the disability shall cease. But when the Governor shall, 
with the consent of the Legislature, be out of the State in time of 
AVar, at the head of the Military force thereof, he shall continue 
Commander-in-chief of the Military force of the State. 

Section 8. The Lieutenant Governor shall be President of the 
Senate, but shall have only a casting vote therein. If, during a 
vacancy in the office of Governor, the Lieutenant-Governor shall be 
impeached, displaced, resign, die, or from mental, or physical disease 
become incapable of performing the duties of his office, or be absent 



Wisconsin — 18 48 4085 

from the .State, the Secretary of State shall act as Governor, until 
the vacancy shall be filled, or the disability shall cease. 

Section 9. The Lieutenant-Governor shall receive double the j)er- 
diem allowance of members of the Senate, for every day's attendance 
as President of the Senate, and the same mileage as shall be allowed 
to members of the Legislature. 

Section 10. Every bill which shall have passed the Legislature 
shall, before it becomes a law, be presented to the Governor; if he 
approve, he shall sign it, but if not, he shall return it, with his objec- 
tions, to that house in which it shall have originated, who shall enter 
the objections at large upon the journal, and proceed to reconsider it. 
If, after such reconsideration two-thirds of the members present shall 
agree to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of the members present, it shall become a 
law. But in all such cases the votes of both houses shall be deter- 
mined by yeas and nays, and the names of the members voting for or 
against the bill, shall be entered on the journal of each house respec- 
tively. If any bill shall not be returned by the Governor within 
three days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law, unless the Legislature shall, by their 
adjournment, prevent its return, in which case it shall not be a laAv. 

* Article VI 

ADMINISTRATIVE 

Section 1. There shall be chosen by the qualified electors of the 
State, at the times and places of choosing the members of the Legis- 
lature, a Secretary of State, Treasurer and Attorney General, wdio 
shall severally hold their offices for the term of two years. 

Section 2. The Secretary of State shall keep a fair record of the 
official acts of the Legislature and Executive department of the State, 
and shall, when required, lay the same and all matters relative 
thereto, before either branch of the Legislature. He shall be ex- 
officio Auditor and shall perform such other duties as shall be as- 
signed him by law. He shall receive as a compensation for his 
services yearly, such sum as shall be provided by law, and shall keep 
his office at the seat of government. 

Section 8. The powers, duties and compensation of the Treasurer 
and Attorney General shall be prescribed by law. 

Section 4. Sheriffs, Coroners, Registers of Deeds and District 
Attorneys shall be chosen by the electors of the respective counties, 
once in every two years, and as often as vacancies shall happen; 
Sheriffs shall hold no other office, and be ineligible for two years 
next succeeding the termination of their offices. They may be re- 
quired by laAv, to renew their security from time to time ; and in 
default of giving such new^ security, their offices shall be deemed 
vacant. But the county shall never be made responsible for the acts 
of the Sheriff. The Governor may remove any officer in this section 
mentioned, giving to such officer a copy of the charges against him, 
and an opportunity of being heard in his defence, 
7535— VOL 7—09 20 



4086 Wisconsin— 1848 

Article VII 



JUDICIARY 



Section 1. The court for the trial of impeachments shall be com- 
posed of the Senate. The House of Eepresentatives shall have the 
power of impeaching all civil officers of this State, for corrupt con- 
duct in office, or for crimes and misdemeanors; but a majority of all 
the members elected shall concur in an impeachment. On the trial 
of an impeachment against the Governor, the Lieutenant-Cxovernor 
shall not act as a member of the court. No judicial officer shall exer- 
cise his office, after he shall have been impeached, until his acquittal. 
Before the trial of an impeachment, the members of the court shall 
take an oath or affirmation, truly and impartially to try the impeach- 
ment according to evidence; and no person shall be convicted without 
the concurrence of two-thirds of the members present. Judgment in 
cases of impeachment shall not extend further than to removal from 
office, or removal from office and disqualification to hold any office of 
honor, profit or trust under the State: but the party impeached shall 
be liable to indictment, trial and punishment according to law. 

Section 2. The judicial power of this State, l)oth as to matters 
of law and equity, shall be vested in a Supreme court. Circuit courts. 
Courts of Probate, and in Justices of the Peace. The Legislature 
may also vest such jurisdiction as shall be deemed • necessary in 
municipal courts, and shall have power to establish inferior courts 
in the scA'eral counties, with limited civil and criminal jurisdiction. 
Provided, that the jurisdiction Avhich may be vested in municipal 
courts, shall not exceed, in their resjiective municipalities, that of 
circuit courts, in their respective circuits, as prescribed in this Con- 
stitution : And that the Legislature shall provide as well for the 
election of Judges of the Municipal courts, as of the Judges of in- 
ferior courts, by the qualified electors of the respective jurisdictions. 
The term of office of the judges of the said Municipal and inferior 
courts shall not be longer than.that of the Judges of the circuit court. 

Section 3. The Suj)reme court, except in cases otherwise provided 
in this Constitution, shall have appellate jurisdiction only, Avhich 
shall be co-extensive with the State; but in no case removed to the 
Supreme Court shall a trial by jury be allowed. The Supreme Court 
shall have a general superintending control over all inferior courts; 
it shall have poAver to issue writs of habeas-corpus, mandamus, injunc- 
tion, quo warranto, certiorari ; and other original and remedial writs, 
and to hear and determine the same. 

Section 4. P'or the term of five years, and thereafter until the 
Legislature shall otherwise provide, the judges of the several circuit 
courts, shall be judges of the Supreme court, four of whom shall 
constitute a quorum, and the concurrence of a majority of the judges 
present shall be necessary to a decision. Tlie Legislative shall liaA^e 
power, if they should think it expedient and necessary, to provide by 
law, for the organization of a separate Supreme court, with the 
jurisdiction and powers prescribed in this Constitution, to consist 
of one chief justice, and two associate justices, to be elected by the 
qualified electors of the State, at such time and in such manner as 
the Legislature may provide. The separate Supreme court when 



Wisconsin— 1848 4087 

so organized, shall not be changed or discontinued by the Leg^islatiire ; 
the judges thereof shall be so classified that but one of th'em shall 
go out of office at the same time ; and their term of office shall be the 
same as is j^rovided for the judges of the circuit court. And when- 
ever the Legislature may consider it necessary to establish a separate 
Supreme court, they shall have power to reduce the number of cir- 
cuit court judges to* four, and subdivide the judicial circuits, but no 
such subdivision or reduction shall take etfect until after the expira- 
tion of the term of some one of said judges, or till a vacancy occur 
by some other means. 

Section 6. The State shall be divided iuto five judicial circuits, to 
be composed as follows : The first circuit shall comprise the counties 
of Kacine, Walworth, Rock and Green; the second circuit, the coun- 
ties of Milwaukee, Waukesha, Jefferson and Dane; the third circuit, 
the counties of Washington, Dodge, Columbia, Marquette, Sauk and 
Portage; the fourth circuit, the counties of Brown, Manitowoc, She- 
boygan, Fond du Lac. Winnebago and Calumet ; and the fifth circuit 
shall comprise the counties of Iowa, La Fayette, Grant, CraAvford and 
St. Croix ; and the county of Richland shall be attached to Iowa, the 
county of Chippewa to the county of Crawford, and the county of 
La Pointe to the county of St. Croix for judicial purposes until 
otherwise provided by the Legislature. 

Section 6. The Legislature may alter the limits, or increase the 
number of circuits, making them as compact and convenient as prac- 
ticable, and bounding them by county lines; but no such alteration 
or increase shall have the effect to remove a judge from office. In 
case of an increase of circuits, the judge or judges shall be elected as 
provided in this Constitution and receive a salary not less than that 
herein provided for the judges of the circuit court. 

Section 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided in 
this Constitution, and nntil his succesor shall be chosen and qualified ; 
and after he shall have been elected, he shall reside in the circuit for 
which he was elected. One of said judges shall be designated as chief 
justice in such manner as the Legislature shall provide. And the 
Legislature shall at its first session provide by law as well for the 
election of, as for classifying the judges of the circuit court to be 
elected under this Constitution, in such manner that one of said 
judges shall go out of office in two years, one in three years, one in 
four years, one in five years and one in six years, and thereafter the 
judge elected to fill the office shall hold the same for six years. 

Section 8. The circuit courts shall have original jurisdiction in 
all matters civil^and criminal within this State, not excepted in this 
Constitution, and not hereafter prohibited by law; and appellate 
jurisdiction from all inferior courts and tribunals, and a supervisory 
control over the same. They shall also have the power to issue writs 
of habeas corpus, mandamus, injunction, quo warranto, certiorari, 
and all other writs necessary to carry into effect their orders, judg- 
ments and decrees, and give them a general control over inferior 
courts and jurisdictions. 

Section 0. When a vacancy shall happen in the office of judge of 
the Supreme or circuit courts, such vacancy shall be filled by an 
appointment of the Governor, which shall continue until a successor 



4088 Wisco7isin—l 848 

is elected and qufilified; and when elected such successor shall hold 
his office* the i-esidue of the unexpired term. There shall be no elec- 
tion for a judge or judges at any general election for State or county 
officers, nor within thirty days either before, or after such election. 

Section 10. Each of the judges of the Supreme and circuit courts 
shall receive a salary, payable quarterl3^ of not less than one thou- 
sand five hundred dollars annually; the}' shall receive no fees of 
office, or other compensation than their salaries; they shall hold no 
office of public trust, except a judicial office, during the term for 
which they are respectively elected, and all votes for either of them 
for any office, except a judicial office, given by the Legislature or 
the people shall be void. No person shall be eligible to the office of 
judge, who shall not, at the time of his election, be a citizen of the 
United States, and have attained the age of twenty-five years, and 
be a qualified elector within the jurisdiction for which he may be 
chosen. 

Section 11. The Supreme court shall hold at least one term, annu- 
ally, at the seat of government of the State, at such time as shall be 
provided by law. And the Legislature may provide for holding other 
terms, and at other places when they may deem it necessary. A Cir- 
cuit Court shall be held, at least twice in each 3'ear, in each county 
of this State organized for judicial purposes. The judges of the 
circuit court ma}^ hold courts for each other, and shall do so when 
required by law. 

Section lii. There shall be a clerk of the circuit court chosen in 
each county organized for judicial purposes, by the qualified electors 
thereof, who shall hold his office for two years, subject to removal, 
as shall be provided by law. In case of a vacancy, the judge of the 
circuit court shall have the power to appoint a clerk until the vacancy 
shall be filled by an election. The clerk thus elected or appointed 
shall give such securitv as the Legislature ma}^ require; and when 
elected shall hold his office for a full term. The Suj^reme court shall 
apjDoint its own clerk, and the clerk of a circuit court ma}^ be 
appointed clerk of the Supreme court. 

Section 13. Any judge of the Supreme or circuit court may be 
removed from office, by address of both houses of the Legislature, if 
two-thirds of all the members elected to each house concur therein, 
but no removal shall be made by virtue of this section, unless the 
judge complained of shall have been served with a copy of the 
charges against him, as the ground of address, and shall have had an 
opportunity of being heard in his defence. On the question of 
removal, the ayes and noes shall be entered on the journals. 

Section 14. There shall be chosen in each county,. by the qvuilified 
electors thereof, a Judge of Probate, who shall hold his office for two 
years, and until his successor shall be elected and qualified, and whose 
jurisdiction, poAvers and duties shall be prescribed by law. Pro- 
vided, however, that the Legislature shall have power to abolish the 
office of Judge of Probate in any county, and to confer Probate 
powers upon such inferior courts as may be established in said county. 

Section 15. The electors of the several towns, at their annual toAvn 
meeting, and the electors of cities and villages, at their charter elec- 
tions, shall in such manner as the Legislature may direct, elect jus- 
tices of the peace, whose term of office shall be for two years, and 



Wisconsin— 1848 4089 

until their successors in office shall be elected and qualified. In case 
of an election to fill a vacancy, occurring before the expiration of a 
full term, the justice elected shall hold for the residue of the unex- 
pired term. Their number and classification shall be regulated by 
law. And the tenure of two years shall in no wise interfere with the 
classification in the first instance. The justices, thus elected, shall 
have such civil and criminal jurisdiction as shall be prescribed 
by law. 

Section 10. The Legislature shall pass laws for the regulation of 
tribunals of conciliation, defining their powers and duties. Such 
tribunals may be established in and for any township, and shall have 
jjower to render judgment to be obligatory on the parties, when they 
shall voluntarily submit their matter in dift'erence to arbitration, and 
agree to abide the judgment, of assent thereto in writing. 

Section 17. The style of all writs and process shall be, " The State 
of Wisconsin"; all criminal prosecutions shall be carried on in the 
name and by the authority of the same; and all indictments shall 
conclude against the peace and dignity of the State. 

Section 18. The Legislature shall impose a tax on all civil suits 
commenced, or prosecuted in the municipal, inferior, or circuit courts, 
which shall constitute a fund to be applied toward the payment of 
the salary of judges. 

Section 19. The testimony in causes in equity shall be taken in like 
manner as in cases at law, and the office of master in chancery is 
hereby prohibited. 

Section 20. Any suitor, in any court of this State, shall have the 
I'ight to prosecute or defend his suit either in his own proper person, 
or by an Attorney or agent of his choice. 

Section 21. The Legislature shall provide by law for the speedy 
publication of all statute laws, and of such judicial decisions, made 
within the State, as may be deemed expedient. And no general law 
shall be in force until published. 

Section 22. The Legislature at its first session, after the adoption 
of this Constitution, shall provide for the apj^ointment of three com- 
missioners, Avhose dut}^ it shall be to inquire into, revise, and simplify 
the rules of practice, pleadings, forms and proceedings, and arrange 
a system, adapted to the courts of record of this State, and report 
the same to the Legislature, subject to their modification and adop- 
tion ; and such commission shall terminate upon the rendering cf the 
report, unless otherwise provided by law. 

Section 23. The Legislature may provide for the appointment of 
one or more persons in each organized count}^ and may vest in such 
persons such judicial powers as shall be prescribed by law. Pro- 
vided, that said power shall not exceed that of a judge of a circuit 
court at chambers. 

Article VIII 
finance 

Section 1. The rule of taxation shall be uniform, and taxes shall 
be levied upon such property as the Legislature shall prescribe. 

Section 2. No money shall be paid out of the treasury, except in 
pursuance of an appropriation by law. 



4090 Wisconsin— 18 4S 

Section 3. The credit of the State shall never be given, or loaned, 
in aid of any individual, association, or corporation. 

Section 4. The State shall never contract any public debt, except 
in the cases and manner herein i)rovided. 

Section 5. The Legislature shall provide for an annual tax suf- 
ficient to defray the estimated expenses of the State for each year; 
and whenever the expenses of any year shall exceed the income, the 
ficient to defray the estimated expenses of the State for each year; 
sufficient, Avith other sources of income, to pay the deficiency as well 
as the estimated expenses of such ensuing year. 

Section G. For the purpose of defraying extraordinary expendi- 
tures, the State may contract public debts, (but such debts shall never 
in the aggregate exceed one hundred thousand dollars.) Every such 
debt shall be authorized by law, for some purpose or purposes to be 
distinctly specified therein; and the vote of a majority of all the 
members elected to each house, to be taken by yeas and nays, shall 
be necessary to the passage of such law ; and every such law shall 
provide for levying an annual tax sufficient to pay the annual 
interest of such debt, and the principal within five years from the 
passage of such law, and shall specially appropriate the proceeds 
of such taxes to the payment of such principal and interest; and 
such appropriations shall not be repealed, nor the taxes be postponed, 
or diminished, until the principal and interest of such debt shall 
have been wholly paid. 

Section 7. The Legislature may also borrow money to re])el in- 
vasion, suppress insurrection, or defend the State in time of war; 
but the money thus raised shall be applied exclusively to the object 
for which the loan was authorized, or to the repayment of the debt 
thereby created. 

Section 8. On the passage in either house of the Legislature, of 
any law which imposes, continues or renews a tax, or creates a debt, 
or charge, or makes, continues, or renews an appropriation of public, 
or trust money, or releases, discharges, or commutes a claim, or de- 
mand of the State, the question shall be taken by yeas and nays, which 
shall be duly entered on the journal; and three-fifths of all the mem- 
bers elected to such house shall, in all such cases be required to con- 
stitute a quorum therein. 

Section 9. Xo scrip, certificate, or other evidence of State debt, 
whatsoever, shall be issued, excejit for such debts as are authorized 
by the sixth and seventh sections of this Article. 

Section 10. The State shall never contract any debt for works of 
Internal Improvement, or be a party in carrying on such works, but 
whenever grants of land or other property shall have been made to 
the State, especially dedicated by the grant to particular works of 
Internal Improvement, the State may carry on such particular works, 
and shall devote thereto the avails of such grants, and may ))ledge 
or appropriate the revenues derived from such works in aid of their 
completion. 

Article IX 
eminent domain and propertv of the state 

Section 1. The State shall have concurrent jurisdiction on all 
rivers and lakes bordering on this State, so far as such rivers, or lakes 



Wisconsin— 1 8 48 409 1 

shall form a common boundary to the State, and any other State, or 
Territory, now or hereafter to be formed, and bounded by the same: 
And the river Mississippi and the navigable waters leading into the 
Mississippi and St. Lawrence, and the carrying places between the 
same shall be common highways and forever free, as well to the 
inhabitants of the State, as to the citizens of the United States, with- 
out any tax, impost or duty therefor. 

Section 2. The title to all lands and other property which have 
accrued to the Territory of Wisconsin by grant, gift, purchase, for- 
feiture, escheat, or otherwise, shall vest in the State of Wisconsin. 

Section 3. The people of the State, in their right of sovereignty, 
are declared to possess the ultimate property, in and to all lands 
Avithin the jurisdiction of the State; and all lands the title to wdiich 
shall fail from a defect of heirs, shall revert or escheat to the people. 

Article X 

EDUCATION 

Section 1. The supervision of public instruction shall be vested in 
a State Superintendent, and such other officers as the Legislature 
shall direct. The State Superintendent shall be chosen by the quali- 
fied electors of the State, in such manner as the Legislature shall pro- 
vide; his powers, duties and compensation shall be prescribed by 
law, provided that his comj^ensation shall not exceed the sum of 
twelve hundred dollars annually. 

Section 2. The proceeds of all lands, that have been or hereafter 
may be granted by the United States to this State for educational 
purposes (except the lands heretofore granted for the purposes of a 
University) and all moneys, and the clear proceeds of all property 
that may accrue to the State by forfeiture or escheat, and all moneys 
which may be paid as an equivalent for exemption from military 
duty; and the clear proceeds of all fines collected, in the several 
counties for any breach of the penal laws, and all moneys arising from 
any grant to the State where the purposes of such grant are not 
specified, and the five hundred thousand acres of land, to which the 
State is entitled by the provisions of an act of Congress entitled "Aii 
act to appropriate the proceeds of the sales of the public lands, and 
to grant pre-emption rights," approved the fourth day of September, 
one thousand eight hundred and forty-one; and also the five per- 
centum of the net proceeds of the public lands to which the State 
shall become entitled on her admission into the Union (if Congress 
shall consent to such appropriation of the tw^o grants last men- 
tioned) shall be set apart as a separate fund, to be called " The School 
Fund," the interest of which and all other revenues derived from the 
school lands, shall be exclusively applied to the follow^ing objects, 
to wit: 

First. To the support and maintenance of common schools, in each 
school district, and the j)nrchase of suitable libraries and apparatus 
therefor. 

Second. The residue shall be appropriated to the support and 
maintenance of Academies and Normal Schools, and suitable libraries 
and apparatus therefor. 



4092 Wisconsin— 1848 

Section 3. The Legislature shall pro\dde by law for the establish- 
ment of District Schools, which shall be as nearly uniform as prac- 
ticable ; and such schools shall be free and without charge for tuition, 
to all children between the ages of four and twenty years; and no 
sectarian instruction shall be allowed therein. 

Section 4. Each town and city shall be required to raise, by tax, 
annually, for the support of common schools therein, a sum not less 
than one half the amount received by such town or city respectively 
for school purposes from the income of the school fund. 

Section 5. Provision shall be made by law, for the distribution of 
the income of the school fund among the several towns and cities of 
the State, for the support of common schools therein, in some just 
proportion to the number of children and youth resident therein, 
between the ages of four and twenty years, and no appropriation 
shall be made from the school fund to any city, or town, for the year 
in which said city or town shall fail to raise such tax; nor to any 
school district for the j^ear in which a school shall not be maintained 
at least three months. 

Section 6. Provision shall be made by law for the establishment 
of a State University, at or near the seat of State government, and 
for connecting Avith the same, from time to time, such colleges in 
different parts of the State, as the interests of education may require. 
The proceeds of all lands that have been, or may hereafter be granted 
by the United States to the State for the support of a University, 
shall be and remain a perpetual fund, to be called " The University 
Fund," the interest of which shall be appropriated to the support of 
the State University, and no sectarian instruction shall be allowed 
in such Universit}^ 

Section 7. The Secretary of State, Treasurer and Attorney Gen- 
eral, shall constitute a board of commissioners for the sale of the 
School and University lands, and for the investment of the funds 
arising therefrom. Any two of said commissioners shall be a quo- 
rum for the transaction of all business pertaining to the duties of 
their office. 

Section 8. l*rovision shall be made by law for the sale of all 
School and University lands, after they shall have been appraised; 
and when any portion of such lands shall be sold and the purchase 
money shall not be paid at the time of the sale, the commissioners 
shall take securit}^ by mortgage upon the land sold for the sum 
remaining unpaid, with seven per cent interest thereon, payable annu- 
ally at the office of the Treasurer. The commissioners shall be au- 
thorized to execute a good and sufficient conveyance to all purchasers 
of such lands, and to discharge any mortgages taken as security, 
when the sum due thereon shall have been paid. The commissioners 
shall have power to withhold from sale any portion of such lands, 
Avhen they shall deem it expedient, and shall invest all moneys arising 
from the sale of such lands, as well as all other University and School 
funds, in such manner as the Legislature shall provide, and shall 
give such security for the faithful performance of their duties as 
may be required by law. 



Wisconsin— 1S4S 4093 

Article XI 

CORPORATIONS 

Section 1. Corporations without banking powers or privileges may 
be formed under general laws, but shall not be created by special act, 
except for municipal j^urposes, and in cases where in the judgment of 
the Legislature, the objects of the corporation cannot be attained 
mider general laws. All general laws or special acts, enacted inider 
the provisions of this section, may be altered or repealed by the Leg- 
islature at an}^ time after their passage. 

Section 2. No municipal corporation shall take private property 
for public use, against the consent of the owner, without the necessity 
thereof being first established by the verdict of a jury. 

Section 3. It shall be the duty of the Legislature, and they are 
hereby empowered, to provide for the organization of cities and incor- 
porated villages, and to restrict their power of taxation, assessment, 
borrowing money, contracting debts and loaning their credit, so as to 
prevent abuses in assessments and taxation, and in contracting debts 
by such municipal corporations. 

Section 4. The Legislature shall not have power to create, author- 
ize, or incorporate, by any general, or special law, any bank, or bank- 
ing power or privilege, or any institution or corporation having any 
banking power or privilege whatever, except as provided in this 
article. 

Section 5. The Legislature may submit to the voters, at any gen- 
eral election, the question of " bank," or " no bank," and if at any 
such election a number of votes equal to a majority of all the votes 
east at such election on that subject shall be in favor of Banks, then 
the Legislature shall have power to grant Bank charters, or to pass a 
general banking law, with such restrictions and under such regula- 
tions as they may deem expedient and proper for the security of the 
bill holders. Provided, that no such grant or law shall have any 
force or effect until the same shall have been submitted to a vote of 
the electors of the State, at some general election, and been approved 
by a majority of the votes cast on that subject at such election. 

Article XII 
amendments 

Section 1. Any amendment, or amendments to this Constitution 
may be proposed in either house of the Legislature, and if the same 
shall be agreed to by a majority of the members elected to each of 
the tAvo houses, such proposed amendment, or amendments, shall be 
entered on their journals, with the yeas and nays taken thereon, and 
referred to the Legislature to be chosen at the next general election ; 
and shall be published for three months previous to the time of hold- 
ing such election, and if, in the Legislature so next chosen, such pro- 
posed 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 liCgislature to submit such proposed amendment, or amendments, 
to the people in such manner, and at such time, as the Legislature 



4094 Wisconsin— 1848 

shall prescribe; and if the people shall approve and ratify such 
amendment, or amendments by a majority of the electors voting 
thereon, such amendment, or amendments, shall become part of the 
Constitution; provided, that if more than one amendment be sub- 
mitted, they shall be submitted in such manner that the people may 
vote for or against such amendments separately. 

Section 2. If at any time a majority of the Senate and Assembly 
shall deem it necessary to call a convention to revise or change the 
Constitution, they shall recommend to the electors to vote for or 
against a convention at the next election for members of the Legisla- 
ture. And if it shall appear that a majority of the electors voting 
thereon, having voted for a convention, the Legislature shall, at its 
next session, provide for calling such convention. 

Article XIII 

MISCELLANEOUS PROVISIONS 

Section 1. The political year for the State of Wisconsin shall 
commence on the first Monday in January in each year, and the gen- 
eral election shall be holden on the Tuesday succeeding the first 
Monday in November in each year. 

Seciton 2. Any inhabitant of this State who may hereafter be en- 
gaged, either directly or indirectly in a duel, either as principal or 
accessory, shall forever be disqualified as an elector, and from holding 
any office under the Constitution and laws of this State, and may be 
punished in such manner as shall be prescribed by law. 

Section 3. No member of Congress, nor any person holding any 
office of profit or trust under the United States (Postmasters ex- 
cepted) or under any foreign power; no person convicted of any 
infamous crime in any court within the United States ; and no person 
being a defaulter to the United States, or to this State, or to any 
county, or town therein, or to any State, or Territory within the 
United States, shall be eligible to any office of trust, profit, or honor 
in this State. 

Section 4. It shall be the duty of the Legislature to provide a great 
seal for the State, which shall be kept by the Secretary of State, and 
all official acts of the Governor, his approbation of the laws excepted, 
shall be thereby authenticated. 

Section 5. \\\ persons residing upon Indian lands, within any 
county of the State, and qualified to exercise the right of suffrage 
under this Constitution, shall be entitled to vote at the polls which 
may be held nearest their residence, for State, United States or 
County officers. Provided, that no person shall vote for county offi- 
cers out of the county in which he resides. 

Section 0. The elective officers of the Legislature, other than the 
presiding officer shall be a chief clerk and a sergeant-at-arms, to be 
elected by each house. 

Section 7. No county with an area of nine hundred square miles, 
or less, shall be divided, or have any part stricken therefrom, without 
submitting the question to a vote of the people of the county, nor 
unles a majority of the legal voters of the county, voting on the 
question, shall vote for the same. 



Wisconsin — 18 48 4095 

Section 8, No comity seat shall be removed until the point to which 
it is proposed to be removed shall be fixed by law, and a majority of 
the voters of the county, voting on the question, shall have voted in 
favor of its removal to such point. 

Section 9. All county officers whose election, or appointment is not 
provided for by this Constitution, shall be elected by the electors of 
the respective counties, or appointed by the boards of supervisors, or 
other county authorities, as the Legislature shall direct. All city, 
town and village officers, whose election or appointment, is not pro- 
vided for by this Constitution, shall be elected by the electors of such 
cities, towns and villages, or some division thereof, or appointed by 
such authorities thereof, as the Legislature shall designate for that 
purpose. All other officers whose election or appointment is not 
provided for by this Constitution, and all officers whose offices may 
hereafter be created by law, shall be elected by the people, or 
appointed, as the Legislature may direct. 

Section 10. The Legislature may declare the cases in which any 
office shall be deemed vacant, and also the manner of filling the 
vacancy, where no provision is made for that purpose in tliis Con- 
stitution. 

Article XIV 

SCHEDULE 

Section 1. That no inconvenience may arise by reason of a change 
from a Territorial to a permanent State government, it is declared, 
that all rights, actions, prosecutions, judgments, claims and contracts, 
as well of individuals, as of bodies corporate, shall continue as if no 
such change had taken place; and all process which may be issued 
under the authority of the Territory of Wisconsin previous to its 
admission into the Union of the LTnited States, shall be as valid as if 
issued in the name of the State. 

Section 2. All laws now in force, in the Territory of Wisconsin, 
wdiich are not repugnant to this Constitution, shall remain in force 
until they expire by their own limitation, or be altered or repealed 
by the Legislature. 

Section 3. All fines, penalties, or forfeitures, accruing to the Ter- 
ritory of Wisconsin, shall inure to the use of the State. 

Section 4. All recognizances heretofore taken, or which may be 
taken before the change from Territorial to a permanent State gov- 
ernment, shall remain valid, and shall pass to, and may be prosecuted 
in the name of the State ; and all bonds executed to the Governor 
of the Territory, or to any other officer, or court, in his, or their 
official capacity, shall pass to the Governor or State authority, and 
their successors in office, for the uses therein respectively expressed, 
and may be sued for and recovered accordingly ; and all the estate, 
or property, real, personal, or mixed, and all judgments, bonds, spe- 
cialties, choses in action, and claims or debts of whatsoever descrip- 
tion, of the Territory of Wisconsin, shall inure to and vest in the 
State of Wisconsin, and may be sued for and recovered, in the same 
manner and to the same extent, by the State of Wisconsin, as the 
same could have been by the Territory of Wisconsin. All criminal 
prosecutions and penal actions which may have arisen, or which may 



4096 Wisconsin— 18 4S 

arise, before the change from a Territorial to a State government, 
and which shall then be jjending, shall be prosecuted to judgment 
and execution in the name of the State. All offences committed 
against the laws of the Territory of Wisconsin, before the change 
from a Territorial to a State government, and which shall not be 
prosecuted before such change, may be prosecuted in the name and 
by the authority of the State of Wisconsin, with like effect as though 
such change had not taken place; and all penalties incurred, shall 
remain the same as if this Constitution had not been adopted. All 
actions at law and suits in equity, which ma}^ be pending in any of 
the courts of the Territory of Wisconsin, at the time of the change 
from a Territorial to a State government, may be continued and 
transferred to any court of the State, which shall have jurisdiction 
of the subject matter thereof. 

Section 5. All officers, civil and military, now holding their offices 
under the authority of the United States, or of the Territory of Wis- 
consin, shall continue to hold and exercise their respective offices 
until they shall be superseded by the authority of the State. 

Section (5. The first session of the Legislature of the State of Wis- 
consin shall connnence on the first Monday in June next, and shall 
be held at the village of Madison, which shall be and remain the seat 
of Government, until otherwise provided b}' law. 

Section 7. All county, precinct and township officers shall con- 
tinue to hold their respective offices, unless removed by t