Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-08-06
WEDNESDAY MORNING, AUG 6, 1851.
HF TINES, TERM
RemGrkS upon
THE NEW CONSTITUTION.

The people of Virginia are about to determine
the most important question which can ever be
submitted 10 men as members of society," Under
the happy privileges secured by our republican
institutions, we have appointed our delegates to
frame in Convention an amended form of the
fundamental law, and upon the instrument which
they have presented the popular judgment is 10
be solemnly pronounced on the fourth Thurs
day in October. 1t behoves every good citizen,
study carefully and candidy, thu changes that
arc proposed in the government, and to form his
own opinion of the benefits or evils that may be
expected to flow from them. That the readers
of the Times may not make up their judgments
unadvsedy we propose, in series of short arti-
Giles, 10 take review of the new Constitution
pointing out the notifications which it proposes
in the present Constitution, and developing, as
we'll as some familiarity with the proceedings Of
the Convention may enable us to do, the object
and scope of these alterations.
Bill Of Rlghts-To begin with the Bill of
Right, which in the opinion of the Convention
If 1929 30, requi ed no amendment it will be
found that the Convention of 1861 has made
some significant changes in its phraseology.
the original Bill hath it, in the 9th section,
''tElat toe Legislative and Executive powers of
The State should be separate and distinct from the
Judiciary and that the members of the taco frst''
''stoud, 81 fixed periods, be reduced to private
station, return into that body from which they
were originally taken, and the vacancies be sup
piled by frequent, certain and regular elections
&c. "he new Bill declares "tiat the legislative,
executive and judicial powers should be separate
and distinct; and that the members hereof''
"should. at fixed periods, be reduced to private
station &c. The difference, as the reader will
perceive, distinctly involves The grave questions
of the popular election, and limited terms of the
Judges
The same fundamental change in the organiza.
ton of the judiciary department is covered by g
slight alteration of the succeeding section. The
present Bill of Rights (Sec. g. declares, sthal
elections ct members to serve as representatives
of the people ought to be free and that all men
having sufficient evidence of permanent common
interest with, and attachment to- the community,
have the right of suffrage" The amended Bill
reals, ''that all elections ought to be free and
that a Il men having sufficient evidence" &c-the
effect of which, following the declaration that
Judges and the Executive, like representatives
ought to be elected by the people, is to affirm that
executive and judicial, as well as legislative
elections should be free, and that the same right
of suffrage should obtain in all.
The Convention, therefore, by these modifca-
tons of 'he Declaration of Rights" which the
former Convention characterized as ''the basis
and foundation OF government" has very intelli-
giby proclaimed its intention to change the char
acrer of the edifce from the foundation upward.
TIE first Article of the amended Constitution
corresponds with the first Article of the present,
and makes the Bill of Rights have the same rela-
ton to the new as to the former Constitution.
ART. II. DiUision Of Poaoers-Justices of The
Peace,-The second Article prescribing the divi-
sion of powers between the three great depart
ments of government, is precisely the same with
the correspo ding Article in the present Consttu-
ton, and retains the exception of Justices of The
Peace from the operation of the general principle,
SO as TO allow them to be elected to the Legisla-
ture. This exception a subject of consider
able difficulty in the Convention, some of the
more radical members contendng that justices of
the peace should be regarded solely as judicial
officers, and therefore incompetent to perform
Legislative duties. Connected with this point was
the more important question whether the present
duties OF justices and of county courts should be
materially changed
ART Hl-Quai5fcation of Voters.--In no
paTicnlar does the amended Constitution make a
graater innovation upon the present order of
things than in respect to the qualifications of the
exercise of The right of suffrage This inno-
yaion is so important. and the words that pro-
pound il are distinct that we cite them precise
iy, rather than attempt TO state their import:
81 Every white male citizen OF the CommonYeaI,b
q ;~~ re OF atrty years. who has be- n a resi-
denr n me State years, aud of The county eli
iowr here he offers vote tor twelve months mex.
prf-edicq az ee tion, and other person. shall be
qls.in o vote 10 Numbers of the General As emily
and al Office Il. i've BY The peopl' nut person
10 uf GlltarY, naval or service OF the Uni co
states mali be DEEMED resident OF IN State, by rea
son o. b 2 stationed therein. And no person shall
haze NE -laf to 70 who Of an unsound mind, or
Fapptf or non wmssooed officer soldier, seaman
or marine 10 ne service OF he United States, or who
has cen co9veed OF br berry in an election, Of ans
infamous offence"
The qualification of the voter, here prescribed,