Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-01-21

3. And, whereas, Convention, held on the
first day Of August, 1851, did propose to the
people of the Commonwealth an amended Consti-
tuition, which was ratified by them
4. And, whereas, the General Assembly Of
Virginia, by an act passed January 14th, 1861,
did provide for the election by the people, OF
delegates to meet in general Convention to con-
slider the propriety, among other things, OF
changing the organic law of the State; and OF
submitting thu same to the people for ratification
or rejection
5. We, therefore, the delegates of the good
people of Virginia, elected, and in Convention
assembled in pursuance of said act, do propose
to the people the following Constitution and
form of Government for this Commonwealth
ARTICLE I.
BILL OF RIGHTS.
The declaration Of rights, as amended and pre-
fixed to this Constitution, shall have the same
relation thereto as it had to the former Censti-
tuition.
ARTICLEu II.
DIVISION Oh PowRI ..
The legislative, executive and JUDICIARY de-
partments shall be separate and distinct, so that
neither exercise the powers properly belonging
to either of the Others nor shall any person ex-
ercse the powers Of more than one Of them at
the same time, except that justices of the peace
shall be sligibls to either House of Assembly.
ARTICLE Ill.
QUALIFICATION OF VOTERS.
!. Every white male citizen of the Common
wealth of the age of twenty-one years, who has
been resident of the State for two years, and OF
the county, city or town where he offers to vote,
for twelve months next preceding an election,
and no other person, shall be qualified to vote
for members of the General Assembly and all
officers elected by the people; but no person in
the military, naval or marine service of the Con-
federate States shall be deemed resident of
this State by reason of being stationed therein;
and no person shall have the right to vote who
Is of unsound mind, Or pauper, or non-com-
missioned officer, soldier, seaman or marine in
| the regular army or navy of the Confederate
States or who has been convicted of bribery in
an election, or Of any infamous offence.
2. The General Assembly, at its first session
after the adoption of this Constitution, and after
wards as occaslon may require, shall cause every
city or town, the white population of which ex-
ceeds five thousand, to be laid off into convenient
wards, and separate place of voting to be es
tablished in each, and thereafter no nhabitant of
| such city or town shall be allowed to vote except
| in the ward in which he resides.
| 8. Ne voter, during the time for holding any
election at which he is entitled to vote, shall
| be compelled to perform military service, ex-
| cept in time Of war or public danger; to work
upon the public roads, or to attend any court as
sutton, juror or witness; and no voter shall be
subject to arrest under any civil process during
his attendance at elections, or in going to or re-
turning from them. .e.--
| 4. In all elections votes shall be given openly
or viva uoce, and not by ballot, but dumb persons
entitled to suffrage may vote by ballot.
ARTICLE ".
| LEGISLATIVE DEPARTMENT..
+ l. The Legislature shall be formed of two dis
i tinet branches, which together shall be COM
plete Legislature, and shall be called the Geaeral
Assembly Of Virginia.
HOUSE OF DELEGATES.
2. One Of these shall be called the House of
Delegates, and shall consist of one hundred ard
| fifty two members, to be chosen annually for and
/ by the several counties, cities and towns.o the
/ Commonwealth, the distribution and appoint
| ment whereof shall remain now provided by
/ law, until reapportionment CT the same shall
| be made by the General Assembly, as hereinafter
provided. The General Assembly shall have
] power upon application of a majority of the vo-
vers Of the county of Campbell, to provide that
/ instead of two delegates to be elected by said
| county, the town of Lynchburg shall elect one
delegate, and the residue of the county Of Camp
| bell shall elect one delegate. And the said
| General Assembly shall have like power, On the
application of majority Of the voters of the
county Of Norfolk, to provide that instead Of two
delegates to be elected By said county, the city
of Portsmouth shall elect one delegate, and the
residue of the county Of Norfolk shall elect one
delegate.
| SENATE.
! s. The other shall be called the Senate, and
consist of fifty members, for the election of whom
the counties, cities, and towns shall be divided
into fifty districts. Each county, city, and town
Of the respective district at the time of the first
election ofdeegates under this Constitution shall
vote for one Senator; and the Sheriffs or other
officers holding the election for each county, city,
/ n town within five 0avS after ha hall
meet at the Court House Of the county, city, or
town first named in the district, and from the
polls SO taken in their respective counties, cities,
and towns, return as Senator the person who has
received the greatest number of votes in the
whole district. To keep up this Assembly by
rotation, the district shall be divided into four
classes, and numbered by lot. The first class
shall consist of twelve, the second of thirteen,
the third of twelve, and the fourth ofthirteep.-
The seats of the Senators Of the first class
| shall be vacated at the expiration of the first
year after the commencement of their term of
| Office; of the second class, at the expiration of
the second year, of the third class at the expira-
| third year, and of the fourth class, at the expi-
ration of the fourth year, SO that one class may
be chosen every year, and the vacancies thereby
| occasioned shall be supplied from such class by
new election in the manner aforesaid. This ro-
| tation shall be applied to each class according to
| its number, and continued in due order annually.
/ 4. For the election of Senators, the District
shall remain as now arranged, until representa-
| ton in the two Houses shall be reapportioned in
the manner provided in thisConstitution.
/ APPORTIONMENT OF REPRESENTATION.
/ 5. 1t shall be the duty of the General Assem-
I bly,, in the year one Thousand eight hundred and
sixty five, and in every tenth year thereafter, in
case it Can agree upon principle of representa-
I ton, to reappOrtiOn representation In the Sen
ate and House Of Delegates in accordance there.
With; and in the event the General Assembly
at the first or any subsequent period of reappor.
tionment, shall fail to agree upon principle OF
representation, and to reapportion representation
in accordance Herewith, each House shall sepa-
rateiy propose a scheme OF representation con-
] tanning principle or rule for the House of Del
egates, in connection with principle or rule fol
I the Senate. And it shall be the duty OF the
i General Assembly, at the same session, to cert
fy to the GovefsGg the principles or rules OF rep
resentalion which tns.aespectiye Houses may sep
arately propose, to be dppttad in making reap
portionmcnts in the Senate and in the House o
Delegates; and the Governor shaffs-~as sQof
thereafter as may be, by proclamation, make
known the propositions of the respective Houses
and require the voters OF the Commonwealth tx
assemble at such time as he shall appoint at the
lawful place Of voting, and decide by their vote
between the propositions thus presented. In thu
event the General Assembly shall fail in the yea
one thousand eight hundred and sixty-ive, or il
any tenth year thereafter, to make such reappor
/ tiOnment or certificate, the Governor shall, i'm
raediately after the adjournment of he Genera
! Assembly, by proclamation, require the voter
1 of the Commonweal tn to assemble. at such tim
/ he shall annOnt. at their laWf nj Oaces of yO