funds; make by-laws for its own government, and for carrying into effect the school laws; audit claims payable out of State funds; arrange for summer normal schools of teachers for instruction in processes of school organization, discipline, and management; select text-books and educational appliances for use in the public schools of the State; appoint (and remove), subject to confirmation by the Senate, all county and city superintendents, and regulate all matters arising in the practical administration of the school system not otherwise provided for.
The three State officers are ex officio members of the Board. The three experienced educators are 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 Virginia Polytechnic Institute, the State Female Normal School at Danville, the School for the Deaf and Blind, and also of the College of William and Mary so long as the State continues its annual appropriation to the last-named institution. The city and county superintendents are selected by the other six members for terms of two years each.
School funds are moneys set apart or provided for the support of schools. In Virginia, school funds are provided by the State, the counties, and the districts (see under School Funds).
By-laws are laws or rules made by any association for the management of its affairs. The Board of Education makes by-laws for its own government and for administering the laws relating to the schools.
Claims payable out of State funds are claims which by law are to be paid out of the State funds. Such claims must be audited by the Board of Education. The salaries and expenses of State education officers are paid out of the State fund, and portions of the fund are divided among the counties and cities for the support of schools.
By arranging for meetings of teachers for instruction in the processes of school organization, discipline, and instruction, the State Board of Education does much to improve the schools of the State, and the great yearly institutes are of the highest value to the schools.
One of the most important duties of the State Board is in connection with the selection of text-books and the approval of educational appliances for the equipment of schools.
The general duties of the State Board of Education consist in regulating all matters arising in the practical administration of the school system not otherwise provided for. Uniformity of practice throughout the schools of the State is of the greatest importance, and the State Board wisely secures this by keeping in constant correspondence with officers and teachers throughout the system.
The State Board of Education chooses its own secretary, who is entrusted with many important duties in carrying out the plans and work of the board.
As all division superintendents are appointees of the State Board, it is provided in the Constitution that the two who are members of the State Board shall not participate in the election of school officers.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Elected by the people of the State for four years; salary, $2,000, and necessary traveling expenses; shall have his office at the capital; shall be the chief executive of the public free school system; shall determine the true intent and meaning of the school laws; shall receive reports from school officers; inspect schools, and decide appeals from the decisions of county superintendents; apportion State funds among the counties and cities of the State.
The public free school system is the system under which, as required by the law of Virginia, the public schools are free to all persons between the ages of five and twenty-one years residing within the school districts.
The superintendent of public instruction is the chief executive officer of the system, and when any dispute arises among school officers as to the meaning or application of school laws, it is his duty to determine–that is, to decide–it.
The superintendent of public instruction is also to a large extent a judicial officer, and his decisions as to the true intent and meaning of the school laws have very nearly as much force as the decisions of the courts.
The reports received from school officers by the State superintendent are embodied in his report made every two years to the governor, and by him transmitted to the General Assembly.
This report, in addition to the information received from the county and city superintendents, contains a large amount of statistics and reports in regard to private schools, colleges, and other institutions which are more or less under the care and subject to the control of the State.
COUNTY.–COUNTY AND CITY SUPERINTENDENTS.
Term, four years, beginning July 1st after appointment; must reside in the county or city for which he is elected, and shall hold no elective office; shall explain the school system, examine teachers and grant certificates, promote the improvement and efficiency of teachers, advise with and counsel trustees and teachers, visit and examine schools under his care and inquire into whatever concerns their usefulness and perfection; decide appeals and complaints; administer oaths and take testimony; apportion the school funds among the districts.
The county and city superintendents must hold examinations at certain times in their counties or cities to examine persons desiring to become teachers, and if, after examination, such persons are found qualified, they receive certificates as teachers.
In any case of appeal or complaint against any person connected with the schools in their districts the county or city superintendents must hold inquiry into the matter and give decision upon it. In making such inquiry they can call witnesses and administer oaths to such witnesses before taking their testimony.
It is also the duty of the superintendents to prepare annually a scheme or plan for apportioning the State and county school funds among the school districts under their supervision.
SCHOOL TRUSTEE ELECTORAL BOARD.
Composed of the County Superintendent of Schools, the Commonwealth’s Attorney, and a resident qualified voter, not a county or state officer, to be appointed by the Judge of the Circuit Court; shall fill all vacancies in the district boards of school trustees. In cities and towns school trustees are appointed by municipal councils.
A vacancy occurs every year in each district board. The district board when first formed was composed of three members, one to serve three years, one to serve two years, and the other to serve one year, all appointments afterwards to be for three years each. Thus there is one vacancy every year in the board, and it is the duty of the School Trustee Electoral Board to appoint a new trustee to fill the vacancy.
County School Board.
Composed of the County Superintendent (who is ex officio president) and the District School Trustees of the county–“a body corporate”; shall make necessary bylaws and regulations, shall have a regular annual meeting between the 1st and 15th of August; shall prepare and file with the Superintendent before July 15th an estimate of the amount of money that will be needed for public school purposes in the county for the next year, also a similar list for each school district based on the estimate of the District Board, which lists the Superintendent shall lay before the Board of Supervisors; shall make settlement with treasurers and school officers; shall administer certain properties devoted to school purposes.
Ex officio is a Latin phrase meaning by virtue of office. The county superintendent is president of the County School Board, not by election or appointment, but because of his office as county superintendent.
A body corporate is a corporation, the meaning of which term is explained on page 14.
Property of any kind, either public funds or donations from private persons, set apart or devoted to school purposes in the county is administered by the County School Board–that is, managed and used by the board for the support of schools in the county.
District.–School Districts.
Each county shall be divided into compactly located school districts, which shall correspond with the magisterial districts, unless specially subdivided; except that a town of five hundred or more inhabitants may form a separate school district.
School Trustees.
One shall be appointed annually for each district for a term of three years; must be able to read and write.
School trustees are appointed annually by the School Trustee Electoral Board, as explained above.
District Board of School Trustees.
“A body corporate”–composed of the three trustees of the district; shall hold and manage the school property of the district; provide suitable school houses, etc.; enforce school laws; employ and dismiss teachers; suspend and dismiss pupils; see that census of children of school age (5 to 21) is taken every five years; submit to the County School Board annually an estimate of the amount of money needed for public school purposes in the district for the next scholastic year.
In cities the Board is composed of all the trustees in the city, and its duties and powers are modified and enlarged.
The census of children is the numbering or counting of the children residing in the district.
The scholastic year is the part of the year during which the schools are open.
The District Board of School Trustees has the whole care and administration of the schools in its charge, and is thus the most important local body in the civil government of the State.
School Funds.
1. State Funds. The interest on the literary fund, the capitation tax, and a tax on property of one mill on the dollar.
2. County Funds. Such tax as the Board of Supervisors may levy for county school purposes; fines and penalties imposed on the Superintendent; donations, or the income arising therefrom.
3. District Funds. Such tax as the Board of Supervisors may levy for the purposes of the school district; fines and penalties imposed on district school officers and teachers; donations, or income arising therefrom.
The County or City Treasurer receives and pays out all school funds.
For explanation of literary fund, see page 37, and for capitation tax, see page 82. The tax of one mill on the dollar means a tax of one mill on each dollar of the assessed valuation of the property.
Certain fines and other money penalties may be imposed by the Board of Education or by the courts or county superintendents for failing or refusing to perform certain duties Such fines and penalties are added to the school fund for the county
When district school officers or teachers are fined for neglect of duty the money goes to the district fund. Donations are contributions or gifts from private individuals. If such gifts are real estate, the income arising therefrom is the rent of such real estate or the interest on the amount realized by its sale.
Teachers.
Must hold a certificate of qualification in full force, issued or approved by the Superintendent of Schools of the county or city within which he proposes to teach.
The law requires that a teacher must be at least eighteen years of age. If the teacher has the necessary education to pass the required examination, a certain maturity is necessary to insure good judgment in the government and discipline of the school.
The value and success of all government depend largely upon the character and ability of those in authority, and this is especially true in the government of the school.
For teachers’ certificates of qualification, see above under County and City Superintendents.
QUESTIONS.
1. Who compose the Board of Education?
2. Name some of the duties of this board.
3. What is meant by nomination being subject to confirmation by the Senate?
4. What are school funds?
5. What are by-laws?
6. What are claims payable out of State Funds?
7. What important work is done at the meetings of teachers arranged by the State board of Education?
8. What very important duty has the State Board to perform in reference to books?
9. What are the general duties of the board?
10. How is the superintendent of public instruction chosen?
11. What is his salary?
12. What are his duties?
13. What is the public free school system?
14. What is the extent of the power of the superintendent of public instruction?
15. How often does the superintendent report to the General Assembly, and what information does his report contain?
16. Who appoints county and city superintendents, and what is their term of office?
17. Name some of the duties of these officers.
18. Who compose the School Trustee Electoral Board?
19. What are their duties?
20. Who compose the County School Board?
21. Name some of the duties of this board.
22. How are school districts laid out?
23. How are school trustees chosen, and what is their terra of office?
24. Of whom is the District Board of School Trustees composed?
25. Name some of the powers of this board.
26. Of whom is the City Board of Trustees composed?
27. What is the census of children?
28. What is a scholastic year?
29. Tell what State funds, county funds, and district funds are.
30. Who receives and pays out all school funds?
31. What does the tax of one mill on the dollar mean?
32. From what sources besides the tax on property are school funds obtained?
33. What are the qualifications of teachers?
OUTLINE OF COLONIAL AND STATE HISTORY.
1497. John Cabot discovered Labrador, the basis of the English title to Virginia.
1585. Virginia was so named by Queen Elizabeth in honor of her unmarried state.
1606. Charter granted to the London Company.
1607. Settlement at Jamestown.
John Smith, “the Father of the Colony,” rescued from death by Pocahontas, the daughter of Powhatan, the King of the Pamunkey Indians.
1608. John Smith President of the Colony.
1609. The London Company receives its second Charter.
1610. “The Starving Time.”
1612. Culture of tobacco commenced.
1613. Pocahontas marries John Rolfe.
1617. Death of Pocahontas at Gravesend, England.
1618. “The Great Charter of Virginia” granted by the London Company.
1619. Slaves landed from a Dutch ship.
First Colonial Assembly meets at Jamestown, July 30.
1621. Formal grant of free government by a written charter.
A Council of State and a General Assembly established–the model of every subsequent provincial form of government.
1622. Massacre of settlers by Indians under Opechancanough.
1624. Fall of the London Company.
Virginia becomes a royal province.
1644. Second Indian Massacre. Opechancanough captured and killed.
1652-60. Virginia under the Commonwealth.
1660. Called the “Old Dominion.”
Navigation Acts put into operation by British Government.
1673. Grant to Lords Culpeper and Arlington of immense estates by Charles II.
1676. Bacon’s Rebellion. 1693. William and Mary College chartered.
Postal System adopted.
1698. The seat of government removed to Williamsburg.
1699. The Huguenots settle in Virginia.
1700. First Commencement of William and Mary College.
1732. Scotch-Irish and Germans settle in the Shenandoah Valley.
George Washington born February 22.
1733. Founding of Richmond at the Falls of the James.
1736. First Virginia Newspaper–“The Virginia Gazette.”
Norfolk incorporated.
1737. Richmond laid out by Col. William Byrd.
1742. Richmond incorporated.
1743. Thomas Jefferson born April 2.
1754. The French and Indian War begun. Battle of Great Meadows.
French defeated by Colonists under George Washington.
1755. Braddock defeated in his attack on Fort Duquesne.
1758. Fort Duquesne captured by English and Virginia troops.
1763. “The Parsons’ Case.” Patrick Henry’s Famous Speech.
End of the French and Indian War.
1764. Battle of Point Pleasant (now in West Virginia).
1765. Resolutions of the House of Burgesses against taxation without representation.
1765. The British Parliament passes the Stamp Act.
1766. Stamp Act repealed by Parliament.
1767. Parliament imposes a tax on tea and other articles.
1769. Virginia resolves passed by the House of Burgesses, May 16.
1774. The first Continental Congress met at Philadelphia, September 9.
1775. Convention at Richmond “to organize a provincial form of government and a plan of defense for the Colony.”
End of royal government in Virginia. Committee of Safety appointed.
1776. Constitution and Bill of Rights adopted.
Declaration of Independence written by Thomas Jefferson signed in Philadelphia, July 4.
1779. The seat of government removed to Richmond.
Conquest of the Northwest Territory by Col. George Rogers Clarke.
1780. Virginia troops defeat the British at King’s Mountain, October 7.
1781. Richmond captured by British under Benedict Arnold, in January.
Cornwallis surrendered at Yorktown, October 19.
Cession of the Northwest Territory to the Federal Government.
1785. Act of Religious Freedom.
1787. Constitution of the United States adopted in convention of which George Washington was President.
1788. Ratifies the Constitution of the United States.
1789. Washington inaugurated first President of the United States, April 30.
1799. George Washington died December 14.
1807. Robert E. Lee born January 19.
1819. University of Virginia established.
1826. Thomas Jefferson died July 1.
1830. Constitution of the State amended.
1852. Constitution of the State again amended.
1859. John Brown’s attack on Harper’s Ferry.
1861. Ordinance of Secession passed by the Convention.
Richmond the Capital of the Southern Confederacy.
Confederate Congress assembled at Richmond, July 20.
First battle of Manassas, July 21.
1861-65. Virginia the principal battle ground of the “War between the States.”
1862. Battle between the “Virginia” and the “Monitor,” March 9.
1863. West Virginia formed and admitted to the Union.
1865. Provisional Government established in Virginia, May 9.
1869. Constitution amended.
Virginia readmitted to the Union.
1870. State enacts a liberal system of public education.
Robert E. Lee died October 12.
1881. Centennial of the surrender of Cornwallis at Yorktown.
1902. New Constitution in force July 10.
COLONIAL GOVERNORS.
1607. Capt. Edward Maria Wingfield, President of the Council under first Charter of the London Company.
Capt. John Ratcliffe, President of the Council.
1608. Capt. John Smith, President of the Council.
1609. Sir George Percy, Acting President of the Council.
1610. Lord Delaware, first Governor under new Charter of 1609. Sir Thomas Gates, Lieutenant-Governor under Lord Delaware.
1611. Sir Thomas Dale, High Marshal under Lord Delaware.
1616. Sir George Yeardley, Lieutenant-Governor under Lord Delaware.
1617. Samuel Argall, Lieutenant-Governor under Lord Delaware.
1619. Sir George Yeardley, first Governor under the “Great Charter of Virginia” granted by the London Company.
1621. Sir Francis Wyatt, second Governor under the “Great Charter.” Put into effect the new constitution.
1626. Sir George Yeardley, third Governor under the “Great Charter.”
1627. Francis West, fourth Governor under the “Great Charter.”
1629. John Potts, fifth Governor under the “Great Charter.”
Sir John Harvey, first Royal Governor, appointed by King Charles I.
1635. John West, acting Governor, in place of Harvey deposed by the people.
1636. Sir John Harvey, reinstated by the King.
1639. Sir Francis Wyatt, Royal Governor.
1642. Sir William Berkeley, Royal Governor. Deposed by the Commonwealth in 1652.
1652. Richard Bennett, first Governor under the Commonwealth.
1655. Edward Digges, second Governor under the Commonwealth.
1656. Samuel Matthews, third Governor under the Commonwealth.
1660. Sir William Berkeley elected by the House of Burgesses and reappointed by Charles II. after the Restoration.
1661. Col. Francis Moryson, Acting Governor.
1663. Sir William Berkeley reappointed and continued to act as Governor until 1677.
1675. Lord Culpeper appointed Royal Governor for life by Charles II., but did not act as such until 1680.
1677. Sir Herbert Jeffreys, Lieutenant-Governor and Acting Governor in absence of Lord Culpeper.
1678. Sir Henry Chickeley, Lieutenant-Governor and Acting Governor in absence of Lord Culpeper.
1684. Lord Howard of Effingham appointed Governor to succeed Lord Culpeper, deposed in 1683.
1688. Nathaniel Bacon, Lieutenant-Governor and Acting Governor.
1690. Francis Nicholson, first Royal Governor appointed after the Revolution of 1688.
1692. Sir Edmund Andros, Royal Governor. Founded William and Mary College.
1698. Francis Nicholson, Royal Governor. Removed capital to Williamsburg.
1704. George Hamilton Douglas, Earl of Orkney, Royal Governor.
1705. Edward Scott, Lieutenant-Governor and Acting Governor.
1706. Edmund Jennings, Lieutenant-Governor and Acting Governor.
1710. Robert Hunter, Lieutenant-Governor and Acting Governor.
Alexander Spotswood, Lieutenant-Governor and Acting Governor.
1722. Hugh Drysdale, Lieutenant-Governor and Acting Governor.
1726. Robert Carter, Lieutenant-Governor and Acting Governor.
1727. William Gooch, Lieutenant-Governor and Acting Governor.
1737. William A. Keppel, Earl of Albemarle, Royal Governor.
1749. John Robinson, Lieutenant-Governor and Acting Governor.
1750. Thomas Lee, Lieutenant-Governor. Died immediately after his appointment.
Louis Burwell, Lieutenant-Governor and Acting Governor.
1752. Robert Dinwiddie, Lieutenant-Governor. First explored the Valley.
1756. John Campbell, Earl of Loudoun, Royal Governor.
Robert Dinwiddie, Lieutenaut-Governor and Acting Governor.
1758. John Blair, Lieutenant-Governor and Acting Governor.
Francis Fauqmer, Lieutenant-Governor and Acting Governor.
1763. Jeffrey Amherst, Lord Amherst, Royal Governor.
1768. John Blair, Lieutenant-Governor and Acting Governor.
Norborne Berkeley, Lord Botetourt, Royal Governor.
1770. William Nelson, Lieutenant-Governor and Acting Governor.
1772. Lord Dunmore, Royal Governor until the Revolution.
1775. Edmund Pendleton, President of the Committee of Safety.
STATE GOVERNORS.
1776-1779. Patrick Henry.
1779-1781. Thomas Jefferson.
1781. Thomas Nelson.
1781-1784. Benjamin Harrison.
1784-1786. Patrick Henry.
1786-1788. Edmund Randolph.
1788-1791. Beverly Randolph.
1791-1794. Henry Lee.
1794-1796. Robert Brooks.
1796-1799. James Wood.
1799-1802. James Monroe.
1802-1805. John Page
1805-1808. William H. Cabell.
1808-1811. John Tyler.
1811. James Monroe.
1811-1812. George William Smith, Lieutenant-Governor.
1812-1814. James Barbour.
1814-1816. Wilson Cary Nichols.
1816-1819. James P. Preston.
1819-1822. Thomas M. Randolph.
1822-1825. James Pleasants.
1825-1827. John Tyler.
1827-1830. William B. Giles.
1830-1834. John Floyd.
1834-1836. Littleton Waller Tazewell.
1836-1837. Wyndham Robertson, Lieutenant-Governor.
1837-1840. David Campbell.
1840-1841. Thomas Walker Gilmer.
1841. John M. Patton.
1841-1842. John Rutherford. Lieutenant-Governor.
1842-1843. John M. Gregory.
1843-1846. James McDowell.
1846-1849. William Smith.
1849-1852. John B. Floyd.
1852-1856. Joseph Johnson.
1856-1860. Henry Alexander Wise.
1860-1864. John Letcher.
1864-1865. William Smith.
1865-1868. Francis H. Pierpont.
1868-1869. Henry H. Wells.
1869-1873. Gilbert C. Walker.
1873-1877. James L. Kempner.
1877-1881. Frederick W. M. Holliday.
1881-1885. William E. Gameron.
1885-1889. Fitzhugh Lee.
1889-1893. Philip W. McKinney.
1893-1897. Charles T. O’Ferrall.
1897. J. Hoge Tyler.
1901. A. J. Montague.
CONSTITUTION OF VIRGINIA.
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 Virginia, 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 Assembly at its next session did provide by law for the election of delegates to such convention, in pursuance whereof the members of this Convention were elected by the good people of Virginia, to meet in convention for such purpose.
We, therefore, the people of Virginia, so assembled in Convention through our representatives, with gratitude to God for His past favors, and invoking His blessings upon the result of our deliberations, 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 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 mid Foundation of Government.
SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
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 common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever 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 abolsh 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 separate emoluments or privileges from the community, but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary.
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 participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct
SEC 6 That all elections should be free, and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and can not 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 law to which they have not, in like manner, assented 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 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 prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent 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 provide for the trial of offences not punishable by death, or confinement in the penitentiary, by a justice of the peace, without a jury, preserving 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 penitentiary, and may classify such cases, and prescribe the number of jurors for each class
SEC 9 That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
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 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 be restrained but by despotic governments, and any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right
SEC 13 That a well regulated milita, 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 therof
SEC 15 That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles
SEC 16 That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other
SEC 17 The rights enumerated in this Bill of Rights shall not be construed to limit other rights of the people not therein expressed.
ARTICLE II
ELECTIVE FRANCHISE AND QUALIFICATIONS 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 which 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 Assembly and all officers elective by the people; but removal from one precinct 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.
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 registrations every male citizen of the United States having the qualifications of age and residence required in section Eighteen shall be entitled to register, 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 aggregating at least one dollar have been paid; or,
Fourth. A person able to read any section of this Constitution submitted to him 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 his 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 Constitution, for the three years next preceding that in which he offers to register; or, if he come of age 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 fifty cents, in satisfaction of the first year’s poll tax assessable against him; and,
Second. That, unless physically unable, he make application to register in his own handwriting, without aid, suggestion, or memorandum, in the presence of the registration officers, stating therein his name, age, date and place of birth, residence and occupation at the time and for the two years next preceding, and whether he has previously 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 registration, 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.
SEC. 21. Any person registered under either of the last two sections, shall have the right to vote for members of the General Assembly and all officers elective by the people, subject to the following conditions:
That he, unless exempted by section Twenty-two, shall, as a prerequisite to the right to vote after the first day of January, nineteen hundred and four, personally 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 unable, 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 election as he himself may designate.
SEC. 22. No person who, during 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 past due.
SEC. 23. 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, while citizens of this State, after the adoption of this Constitution, have fought a duel with a deadly weapon, or sent or accepted 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 registration of voters under section Twenty, for an appeal by any person denied registration, for the correction of illegal or fraudulent registration, thereunder, and also for the proper transfer of all voters registered under this Constitution.
SEC. 26. Any person who, in respect to age 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.
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 Assembly may prescribe a property qualification 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 Assembly in its discretion may make such exemptions from the operation 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-court–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 election, 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 registrar, 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 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, executive and judicial, elected or appointed 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 Constitution of the United States, and the Constitution of the State of Virginia 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 necessary 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 prescribed 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, throughout 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 wards, 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 return on oath to the clerk, as to the places where and dates at which said copies 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 receiving 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 preserved 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, with 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 required 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 succeeding 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.
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, sheriff, sergeant, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any 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 General 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 government, 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 effect 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 appointed 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 continue longer than sixty days; but with the concurrence of three-fifths of the members elected to each house, the session may be extended for a period not exceeding thirty days. Except for the first session held under this Constitution, members shall be allowed a salary 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 pro tempore. Each house shall select its officers, settle its rules of procedure, and direct writs of election for supplying vacancies which may occur during the session of the General Assembly; 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 originate 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) Referred to a committee of each house, considered by such committee in session, and reported;
(b) Printed by the house, in which it originated, prior to its passage therein;
(c) Read at length on three different calendar days in each house; and unless,
(d) 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 two-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 by the other, or a conference report be adopted by either house, or either house discharge a committee from the consideration of a bill and consider 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 voting 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 members voting for and against, entered on the journal. Every law imposing, 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 of each house shall, in the presence of the house over which he presides, sign every bill that has been passed by both houses and duly enrolled. Immediately before this is done, all other business being suspended, the title of the bill shall be publicly 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 appointed by the House of Delegates, and five members appointed by the Senate, which shall be a standing committee on special, private, and local legislation. Before reference 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 proceeding; 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 discharge 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 published at length.
SEC. 53. No 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 emergency shall be expressed in the body of the bill), the General Assembly 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 executive 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 power to try impeachment. 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 senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the State; but the person 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 impeachments.
SEC. 55. The General Assembly shall by law apportion the State into districts, corresponding with the number of representatives to which it may be entitled in the House of Representatives of the Congress of the United States; which districts shall be composed of contiguous and compact territory containing, as nearly as practicable, an equal number of inhabitants.
SEC. 56. The manner of conducting and making returns of elections, of determining contested elections, and of filling vacancies in office, in cases not specially provided for by this Constitution, shall be prescribed by law, and the General Assembly may declare the cases in which any office shall be deemed vacant where no provision is made for that purpose in this 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 obligation 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 matters of religion, and the same shall in no wise diminish, enlarge, or affect their civil capacities. And the General Assembly shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this 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 contract as he shall please.
SEC. 59. The General Assembly shall not grant a charter of incorporation to any church or religious denomination, but may secure the title to church property to an extent to be limited by law.
SEC. 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 right to punish for contempt. The General Assembly shall not enact any 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 effect 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, postponing, 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 authorizing 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 created, increased, or decreased, the salaries, fees, percentages, or allowances 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 extending 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 corporation except upon the condition 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.
No general or special law shall surrender or suspend the right and power of the State, or any political subdivision thereof, to tax corporations or corporate property, except as authorized by Article Thirteen. No private corporation, association, 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 corporation, 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 personal 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, controlled 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, appoint 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 reports to the General Assembly for appropriate action. The committee 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 commence on the first day of February 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. 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 lie 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. 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 service, and while 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 Assembly 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 intercourse with other and foreign states; and, during the recess of the General Assembly, shall have power to suspend from office for misbehavior, incapacity, neglect of official duty, or acts performed without due authority of law, all executive officers at the seat of government except the Lieutenant-Governor; but, in any case in which this power is so exercised, the Governor shall report to the General Assembly, at the beginning of the next session thereof, the fact of such suspension and the cause therefor, whereupon the General Assembly shall determine whether such officer shall be restored or finally removed; 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 provision; but his appointments 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 penalties in such cases, and under such rules and regulations, as may be prescribed by law, and except when the prosecution has been carried on by the House of Delegates, to grant 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 General 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 superintendents 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 opinion 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 the Commonwealth of Virginia, and be attested by the Governor, with the seal of the Commonwealth annexed.
SEC. 76. Every bill which shall have passed the Senate and House of Delegates, shall, before it becomes a law, be presented to the Governor. 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 likewise be reconsidered, and if approved by two-thirds of all the members present, which two- thirds shall include a majority of the members elected to that house, it shall become a law, notwithstanding the objections. The Governor shall have the power to veto any particular 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 originated, 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 with his objections thereto: 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 accordance 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 noes, and the names of the members voting for and against the bill, or item or items of an appropriation bill, shall be entered on the journal of each house. If any bill shall not be returned by the Governor 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 which 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 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 treasury 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 Governor; 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 Accounts shall be elected by the joint vote of the two houses of the General Assembly for the term of four years. His powers and duties shall be prescribed by law.
SEC. 83. The salary of each officer of the Executive Department, except in those cases where the salary is determined by this Constitution, 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 establishment and maintenance of an efficient system of checks and balances 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 employees, charged with the collection, custody, handling or disbursement of public funds, shall be required to give bond for the faithful 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 jurisdiction in cases of habeas corpus, mandamus, 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 procedure 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 hereinafter denned, as may be prescribed by law; but no appeal shall be allowed to the Commonwealth in any case involving the life or liberty of a person, except that an appeal by the Commonwealth may be allowed by law in any case involving the violation of a law relating to the state revenue. No bond shall be required of any accused person 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, county, or municipal corporation, to levy tolls or taxes, or involving the construction of any statute, ordinance or county proceeding imposing taxes; and, except in cases of habeas corpus, mandamus, and prohibition, the constitutionality of a law, or some other matter not merely pecuniary. After the year 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 determine 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 constitutionality of any such law, not more than two of the judges sitting 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 ease upon its merits, unless the contention of the appellant upon the constitutional question be sustained. Whenever the requisite majority of the judges sitting are unable to agree upon a decision, 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 temporarily filled in a manner to be prescribed by law.
SEC. 89. 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 twelve 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 circuits, as follows:
The counties of Norfolk, Princess Anne, and the city of Portsmouth, 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 Brunswick, shall constitute the third circuit.