The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-13
THE VIRGINIA CONSTITUTION.
How 1t Was Framed, and What Gen
er-HE Csruut Did

er-HI Grant Did
RICHMOND Va. June 12-The ques-
ton has been asked, why. if the present
constitution Of Virginia IS as bad as It
is now said TO be, have the people per
mitted it to stand for third of q cen
tury2 To this question no entirely salts
factory answer has been given Ex-Gov-
ernor Cameron says that by the rejection
of two clauses in the instrument OF 1853
the political venom was taken out Of Il
and what remained was largely a misfit-
The convention which framed the present
constitution was composed of alien adven-
turers, natives known as "scaIawags,'
negroes and a small. but able and de
termined minority Of true citizens. The
majority was a subject Of the ridicuIe and
gibes Of the people. No one in it was cap
able Of framing an instrument, and so
clauses from the constitutions of other
States were taken bodily and the consti-
tuition of 1871 was largely dravf upon.
Two provisions were inserted which
would have disfranchised almost every
white man in Virginia and made him in
eligible to Office or TO serve on jUTies,
These clauses required as qualif-
cation for the franchise. for holding Of
fee, or for jury duty. a test oath more
extreme than that which was imposed
upon the people OF Maryland The voter
and the officeholder had to swear that he
never extended any aid to the rebel
Hon,' had any sympathy with it or with
anyone engaged IN it The State of Vir-
GINA was then out Of the Union and was
known as Military District No. l." The
adoption of this constitution was neces-
sary for the restoration of the State. and
he themselves in,
dicament. If they rejected the constitu-
ton they would be considered in the
North as still in a state OF rebellion. and
the military rule would continue. II they
adopted it they would disfranchise them
selves and surrender the Government to
the negroes and carpetbaggeTs-
IN this dilemma an appeal was made to
General Grant and he responded He or
dered two ballot boxes at each polling
place. In one the tickets for or against
the constitution were deposited. In the
other the votes for and against the test
oath clauses were placed. The constitu-
ton was adopted and the test oath re-
jected, and at the ensuing election Walker
was elected by the Conservatives. and
so Virginia was saved from the horrors Of
continued Carpetbag government. which
afflicted her sister States in the South.
The convention of 1868. OF rather Of 1858,
was known as the Underwood Convention
from its presiding officer. a Federal judge
Of that name IN 1864 a man named Pier
point had framed a constitution al Alex
andria and subsequently undertook to set
up a government under it at Richmond,
but martial law prevailed at the time. and
that attempted government produced but
little impression and has now been almost
fG-oorter7 Tho 4rt Of
for the readmissiou OF Virginia into the
Union set forth a number Of conditions,
among them that the constitution then
adopted should never be amended or
changed so as to deprive any negro Of his
right TO vote or TO hold office. It is not
believed that Congress had any right TO
pass such law, and few people remember
that il is OF the statutes. and it viii not
be considered
One Of the objections urged against the
constitution Of 1863 is a sentimental one
It prohibits, in article TO- section 10. the
payment Of any obligation created by the
usurped and pretended" State authority
assembled at Richmond in the late war,
and It provides that no county nor city
shall pay any debt contracted for aiding
any rebellion against the State or the
United States" The words "usurped and
pretended authority" and rebellion" are
pointed out as Objectionable in the consti-
tuition of a Southern State.
Dissatisfaction with the present constf-
tuition has been increasing in late years.
and IL finally eliminated at the last reg
Ular session of the General Assembly. At
that session 4 resolution submitting A call
for convention was passed. Soon after
ward, on May ., 1850, the Democratic
State Convention, in session at Norfolk,
adopted resolution presented by Senator
Carter Glass approving the call for a con
Eentlon and making Il a party question
coupled with this was resolution PledS-
ing the party not 10 deprive any man of
his vote who enjoyed that privilege in
1851, or whose ancestors then enjoyed it
The Republican convention opposed the
call On May "A, 1900, the vote was taken
and the new convention carried by q large
majority, and especially We're the white
people OF the Black Belt in its favor BY
practically unanimous vote
On January >, 1891, the Legislature was
convened in extra session to make pTOvi-
sion for holding the convention The bill
passed fixed the membership of the con-
vsntiou at 1G0-tFe number of delegates in
the LegiSlatuTe-aHd allowed a per diem
OF 81, with mileage The new constitu-
ton is then. after due publication. TO go
before the people for ratification, all per
sons now entitled to the franchise TO vote
upon 1t either in whole or by sections as
the convention may direct But If the
before October >, 1901, provision may be
made for submission by the next Legis-
latUre. 1t is not conceded, however. that
the Legislature had any right TO bind the
convention, which represents the sover-
eighty of the people and which viii itself,
IN all probability, make the provision for
submission as Wei as decide won shall be
permitted to vote upon that submission
The leaders in the convention movement
were somewhat alarmed by the fear that
radical and extreme men would be in con-
troll of the body or that officehOlderS
would dominate 1t But these fears were
eflectually dispeled by the result OF the
election. Only about twenty -Seven office
holders were returned and some of them
are judges OF high standing The great
body of the convention are men OF con-
Servative views, who. 1t is thought, viii
oppose any extreme dISfrau ChiSeT7enL
measure Many Of the members are tine
speakers ard experienced debaters, so
there will be no lack of Intelligent discus
sion. Sixty of the one hundred Delegates
are college men and more than half that
number have college degrees, thirty-six
being graduates Of the University Of Vir-
giuia- Thus that venerable institution is
doing such practical service to the State
as its flIustrious founder designed it to do.
This convention is the fifth in the his
tory Of Virginia In his speech nomiuat-
ing MI GOOde for president Of the COnVen-
ton Mr. Anderson. of RocAbridge. de
clared that the first Virginia convention
that held just one hundred and twenty-siX
wears ago-waS the first convention which
ever a assembled on the face of the globe to
frame a constitution for the government
of q free people OF the convention OF
1893 James Monroe was the president
The hall in which the convention holds
its sessions is interesting Tor its history
and its architecture, but it Is far too small
for the present purpose and IS OVeTcTuWd-
ed It is furnished with desks such as are
generally used in the -IbliC schools.
--.E, nv, an inc