F

Charles City, James City, New Kent and Henrico, and the city of Richmond, shall form another district: the counties of Bedford and Franklin, shall form another district: the counties of Buckingham, Campbell and Cumberland, shall form another district: the counties of Patrick, Henry and Pittsylvania, shall form another district: the counties of Halifax and Mecklenburg, shall form another district: the counties of Charlotte, 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, Dinwiddie and Greenesville, shall form another district: the counties of Isle of Wight, Prince George, Southampton, Surry and Sussex, shall form another district and the counties of Norfolk, Nansemond and Princess Anne, and the borough of Norfolk, shall form another district.

how, and when

gates and senators

4. It shall be the duty of the legislature, to re-apportion, once in Re-apportionment ten years, to wit; in the year one thousand eight hundred and for- of representation, ty-one, and every ten years thereafter, the representation of the made. counties, cities, towns and boroughs, of this commonwealth, in both of the legislative bodies: Provided, however, That the num- Number of deleber of delegates from the aforesaid great districts, and the number not to be changed of senators from the aforesaid two great divisions, respectively, shall thereby. neither be increased nor diminished by such re-apportionment. 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 opinion 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 re-apportion the whole representation of the great district containing such new county, or such city, town or borough, within its limits; which re-apportionment shall continue in force till the next regular decennial re-apportionment.

ments may be the number.

5. The general assembly, after the year one thousand eight hun- When apportiondred and forty-one, and at intervals thereafter of not less than ten made increasing years, shall have authority, two-thirds of each house concurring, to make re-apportionments of delegates 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.

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 free persons, including those bound to service for a term of years, and excluding indians not taxed, three-fifths of all other persons.(i)

Apportionment of representation to congress.

senators.

7. Any person may be elected a senator who shall have attained Qualifications of 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 constitution.

And any person may be elected a member of the house of dele- Of delegates. (2) The number of representatives reduced by the late apportionment in congress to 21. Ratio of representation, 47,700.

Compensation.

gates, who shall have attained the age of twenty-five years, and shall be actually a resident and freeholder within the county, city, town, borough or election district, qualified by virtue of his freehold, to vote for members of the general assembly according to this Disqualification. Constitution: Provided, 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. 8. 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 law increasing the compensation of the members shall take effect until the end of the next annual session Members of legis- after such law shall have been enacted. And no senator or delelature ineligible to certain offices. gate 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.

Time of meeting:

power of adjourn ing regulated;

quorum,

Each house may

and settle its rules.

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 manner and under such penalties as each house may provide. And choose its officers each house shall choose its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election for Writs of election, supplying 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.(k) Each house shall judge of the election, qualification and returns of its members; may punish its members for disorderly behaviour, and with the concurrence of twothirds, expel a member, but not a second time for the same offence. 10. All laws shall originate in the house of delegates, to be apgates; amendable proved or rejected by the senate, or to be amended with the consent of the house of delegates.

how issued.

Each house to judge of the election of its own

members; power

to expel a member.

Laws to originate

in house of dele

in seuate.

Personal rights secured.

ing certain acts.

press,

freedom of speech
and of the
secured.
Religious liberty.

11. The privilege of the writ of habeas corpus shall not in any Legislature pro- case be suspended. The legislature shall not pass any bill of athibited from pass-tainder; or any ex post facto law; or any law impairing the obliRight of property, gation 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 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 teste whatever; nor confer any peculiar 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

(k) Vid. acts 1830-31, ch. 1, § 28, p. 26.

this commonwealth, 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.

ed in a duel.

12. The legislature may provide by law that no person shall be Legislature may disqualify persons capable of holding or being elected to any post of profit, trust or from holding office emolument, civil or military, legislative, executive or judicial, un- for being concernder 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 disqua- Persons concerned lified by reason of his having heretofore fought such duel, or sent exonerated from or accepted such challenge, or been second in such duel, or bearer disqualification. of such challenge or acceptance.

heretofore in duels

be prosecuted be

13. The governor, the judges of the court of appeals and supe- Impeachments to rior courts, and all others offending against the state, either by mal- fore the senate. administration, corruption, 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 further 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.

14. Every white male citizen of the commonwealth, resident Right of suffrage, therein, aged twenty-one years and upwards, being qualified to exercise 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 of 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 parcener, 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 settlement, 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 house-keeper and head of a family within the county, city, town, borough or election district, where he may offer

Elections to be viva voce.

Executive; governor, how elected; his term of office.

Qualification.

Compensation.

to vote, and shall have been assessed with a part of the revenue of the commonwealth within the preceding year, and actually paid the same and no other persons-shall be qualified to vote for members of the general assembly in the county, city, town or borough, respectively, wherein such land shall lie, or such house-keeper and head of a family shall live. And in case of two or more tenants in common, joint tenants or parceners, in possession, reversion or remainder, having interest in land, the value whereof shall be insufficient to entitle them all to vote, they shall together have as many 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: Provided, nevertheless, 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.

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

ARTICLE IV.

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 day 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.

2. No person shall be eligible to the office of governor, unless he shall have attained the age of thirty years, shall be a native citizen 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.

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.

Duties and powers 4. He shall take care, that the laws be faithfully executed; shall of the governor. communicate to the legislature, at every session, the condition of the commonwealth, and recommend to their consideration such measures as he may deem expedient. He shall be commander-inIchief 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 require it; to convene the legislature, on application of a majority of the members of the house of delegates, or when, 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 be prescribed by law, all intercourse with other and foreign states; and during the recess of the legislature, to fill pro tempore, all vacancies in those offices which it may be the duty of the legislature to fill permanently: 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.

5. There shall be a council of state, to consist of three members, Council of state; how elected; term any one or more of whom may act. They shall be elected by joint of vie 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 for one year only, and one other, to be designated in like manner, shall remain in office for two years only. Vacancies occurring by expiration of the term of service, or otherwise, shall be supplied by elections made in like manner. The Governor to regovernor shall, before he exercises any discretionary power conferred quire their advice. on him by the constitution and laws, require the advice of the council 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 council shall appoint their own clerk, who shall take an oath Council to appoint to keep secret such matters as he shall be ordered by the board to conceal. The senior councillor shall be lieutenant governor, and Senior councillor in case of the death, resignation, inability or absence of the gover- governor: when nor from the seat of government, shall act as governor.

a clerk.

to be lieutenant

to act as governor.

6. The manner of appointing militia officers shall be provided Militia officers, how appointed. for by law; but no officer below the rank of a brigadier general, shall be appointed by the general assembly.

grants, and teste

7. Commissions and grants shall run in the name of the COMMON- Commissions and WEALTH OF VIRGINIA, and bear teste by the governor, with the seal of the commonwealth annexed.

ARTICLE V.

of.

Judicial power how and in whom vested.

1. The judicial 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 who may belong to the corporate body. The jurisdiction of these tribunals, and of the judges thereof, Jurisdiction to be shall be regulated by law. The judges of the supreme court of Term of office: inappeals and of the superior courts, shall hold their offices during capacitated from holding any other good behaviour, or until removed in the manner prescribed in this office. constitution; and shall, at the same time, hold no other office, appointment, or public trust; and the acceptance thereof by either of them shall vacate his judicial office.

regulated by law.

unless with the

2. No law abolishing any court shall be construed to deprive a No judge to be dojudge thereof of his office, unless two-thirds of the members of prived of his office each house present concur in the passing thereof; but the legisla- concurrence of ture 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.

two-thirds of the legislature.

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

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

and of the superior courts, how elected.

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