Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-03-18
REPORT OF THE
Committee ON che Legislative Departs

partment of the Government have, accord
ing 10 order, had under consideration the
several articles and clauses of the existing
Constitution to them referred, and have
agreed upon recommending the following
provisions, viz:
ARTICLE 1.
The Legislative, Executive and Jadici-
airy Departments shall be separate and
distinct so that neither exercise the pow
ers properly belonging to either Of the o.
theirs: nor shall any person exercise the
powers of more than one of them at the
same time, except that justices ofMe peace
shall be eligible to either house Of assem-
bly,.
ARTICLE II.
SEC. |. The Lcgis lature shall be form
ed of two distinct branches, which to-
gether shall be complete Legislature, and
shall be called the General Assembly Of
Virginia.
2. One Of these shall be called the House
of Delegates, and shall consist of
members to be chosen bienially,
whose term of service shall be two years.
to commence on the day of the first cleo
ton under this Constitution.
3. The other House of the General As
sembly shall be called the Senate, and
shall consist of members,
whose term of service shall be four years,
to commence on the day Of the first cleo
ton under this Constitution, Immediately
after they shall be assembled, in conse-
quence of the first election, they shall be
divided as equally as may be into two elias
SEES The seats of the Senators of the first
class shall De vacated at the expiration Of
the second year, and ofthe second class at
the expiration of the fourth year.
A. For the election of Senators the
Counties, Cities and Towns shall be divi-
ded into districts.
s.. Any person may be elected Senator
who shall have attained to the age of thir
ty years, and shall be actually resident
within the district, and qualified to vote for
members of the General Assembly accord
ing to this Constitution. And any person
may be elected member of the House of
Dele gates, who shall have attained to the
age Of twenty five years, and shall be ac-
tually resident within the County, City,
Town, or election district qualified tovote
for members of the General Assembly ac-
cording to this Constitution: Prouided,
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. x
g. The General Assembly zshall meet
once in every two years, and not oftener
unless convened by the acting Governor Of
the Commonwealth on application, in re-
cess, of majority Of the members of each
House of Assembly, or when, in his opin.
ion, the interest of the Commonwealth may
require it. Neither House, during the ses-
sion 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 sit
ting A majority of each House shall con-
stitute 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 each House
shall choose its own speaker, appoint its
own officers, settle its own rules of pro-
ceeding and direct wriis of election for
supplying intermediate vacancies. But
il vacancies shall occur, by death or resig.
nation during the recess of the general
asse mbly. such wriis may be issued by the
governor, under such regulations as may
be prescribed by law. Each house shall
Judge of the election, qualification and re-
turns Of lis members, may punish its mem
bers fordisor6erly behavior, and; with the
concurrence Of two-thirds, expel mem
Der. but moi, second time for the same Of
fence.
Z. The members of the assembly shall
receive for their services a compensation
to be ascertained by law and paid outof
the public treasury but no law increasing
such compensation shall take effect until
the end Of the term 70. which the mem.
bers of The house Of delegates were elect
ed. And no senator or delegate shall, du.
ring the term for which ne shall have been
elected, be appointed TO any civil Office Of
profit unuer the commonwealth. which
shall have been created, or the emolu.
ments of which have been increased dur.
ing such term, except such offices as may
be filled by elections by the people.
8. All bills for raising revenue shall o.
riginate in the house Of delegates, but the
senate may propose or concur with amend
ments as on other bills. u s,Nss
3. Each house of the general assembly
shall keep a journal OF lis proceedings,
which shall be published from time to time.
10. The whole number of members to
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, CT
ties and towns Of The State, according 10
their respective numbers, which shall be
determined by adding TO the whole num-
Der Of free persons. including those bound
to service for term Of years, and exclud-
ing Indians not taxed, three fifths Of all
other persons, And in the apportionment
the state shall be divided into districts.
corresponding in number with the repre-
sentatives to which it may be entitled in
the house Representatives ofthe congress
Of the United States.
IL. The districts to embrace respective
4 A. -