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THE

CONSTITUTION OF VIRGINIA

AN ANNOTATED EDITION,

BY

ARMISTEAD R. LONG,

Of the Lynchburg (Va.) Bar,

TOGETHER WITH A

REPRINT OF THE PREVIOUS CONSTITUTIONS

OF VIRGINIA.

LYNCHBURG, VA.:
J. P. BELL COMPANY, PUBLISHERS.

1901.

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PREFACE.

In preparing this edition of the Constitution, though aiming to make it useful to the members of the legal profession, I have been actuated principally by the hope that it might be of service in the constitutional revision now about to be undertaken. I have endeavored in the notes by references to the former Constitutions to show the changes made by the present Constitution in the organic law of the State, and by the citation of decided cases to show the construction put by the Court of Appeals on the several provisions of the Constitution which have come before it. I have added occasional comments, but have not made the notes the vehicle of my own views, my object being rather to show the Constitution as it is. The more difficult and responsible task of reconstructing it fortunately devolves upon the able and representative Convention which has been elected for that

purpose. The Appendix, in addition to a reprint of the former Constitutions, reproduces the Act of February 16, 1901, providing for the election and organization of the Convention and the submission of its work to the people, and contains statements showing in detail the vote at the several elections held under the present Constitution on the question of calling a constitutional convention.

A. R. L. Lynchburg, Va., June 6, 1901.

CONTENTS.

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Convention of 1867-68 ; adoption of Constitution...

1

CONSTITUTION.

Preamble...

3

Article I. Bill of Rights...

5

§ 1. Inherent rights ..

2. State an integral part of the Union..

§ 3. Constitution and laws of United States paramount..

§ 4. The people the source of power ; magistrates their trustees....

§ 5. Government, objects and form, and right of people to reform or

abolish....

8

% 6. Exclusive privileges ; heredity in office.

8

§ 7. Departments of government separate ; elections.

8

§ 8. Freedom of elections ; right of suffrage ; security of property.... 9

General purpose of section 8. ....

9

Freedom of elections....

9

Taxation and representation.

9

% 9. Suspension of laws ..

10

§ 10. Criminal prosecutions; personal liberty

10

General purpose of section 10.

10

Law of the land. .

10

Trial by jury.,

11

Speedy trial.

13

Self-incriminating evidence..

13

11. Excessive bail ; excessive fines ; cruel and unusual punishment ... 14

§ 12. General warrants not to be granted...

% 13. Jury trial in civil cases

14

§ 14. Freedom of the press and of speech.

14

& 15. Militia ; standing armies ; subordination of military to civil power. 15

16. Uniformity of government.

15

& 17. Fundamental principles.

15

% 18. Religious freedom..

15

19. Slavery prohibited.

15

20. Equality of civil and political rights..

15

§ 21. Rights enumerated do not limit others not expressed..

16

Bill of Rights part of Constitution...

16

Article II. Division of Powers..

16

In general.....

17

The legislature and the other departments..

17

The courts...

18

14

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