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king of Great Britain and Ireland and Elector of Hanover, before that time entrusted with the exercise of the kingly office in the government of Virginia, had endeavored to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good; by denying his governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and when so suspended neglecting to attend to them for many years; by refusing to pass certain other laws, unless the persons to be benefited by thein would relinquish the inestimable right of representation in the legislature; by dissolving legislative assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people; when dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legis lative head; by endeavoring to prevent the population of our country, and for that purpose obstructing the laws for the naturalization of foreigners; by keeping among us, in time of peace, standing armies and ships of war; by affecting to render the military independent of and superior to the civil power; by combining with others to subject us to a foreign jurisdiction, giving his assent to their pretended acts of legislation, for quartering large bodies of armed troops among us, for cutting off our trade with all parts of the world, for imposing taxes on us without our consent, for depriving us of the benefits of the trial by jury, for transporting us beyond seas to be tried for pretended offences, for suspending our own legislatures and declaring themselves invested with power to legislate for-us in all cases whatsoever; by plundering our seas, ravaging our coasts, burning our towns, and destroying the lives of our people; by inciting insurrections of our fellow subjects with the allurements of forfeiture and confiscation; by prompting our negroes to rise in arms among us, those very negroes, whom by an inhuman use of his negative he had refused us permission to exclude by law; by endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions of existence; by transporting hither a large army of foreign mercenaries, to complete the work of death, desolation and tyranny, then already begun, with circumstances of cruelty and perfidy, unworthy the head of a civilized nation; by answering our repeated petitions for redress with a repetition of injuries; and finally, by abandoning the helm of government, and declaring us out of his allegiance and protection; by which several acts of misrule, the government of this country as before exercised under the crown of Great Britain, was totally dissolved: did, therefore, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country would be reduced, unless some regular adequate mode of civil polity should be speedily adopted, and in compliance with the recommen

dation of the general Congress, ordain and declare a form of government of Virginia:

And whereas, a Convention held on the first Monday in October, in the year one thousand eight hundred and twenty-nine, did propose to the people of the commonwealth an amended Constitution or form of government, which was ratified by them:

And whereas, the General Assembly of Virginia, by an act passed on the fourth of March, in the year one thousand eight hundred and fifty, did provide for the election, by the people, of delegates to meet in general convention, to consider, discuss and propose a new Constitution or alterations and amendments to the existing Constitution of this Commonwealth; and by an act, passed on the thirteenth of March, in the year one thousand eight hundred and fifty-one, did further provide for submitting the same to the people for ratification or rejection:

We, therefore, the Delegates of the good people of Virginia, elocted and in Convention assembled, in pursuance of said acts, 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 prefixed to this Con stitution, shall have the same relation thereto as it had to the former Constitution.

ARTICLE II.-Division of Powers.

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 shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to either House of Assembly.

ARTICLE III.-Qualification of Voters.

1. Every white male citizen of the Commonwealth, of the age of twenty-one years, who has been a 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 elective by the people: but no person in the military, naval or marine service of the United States shall be deemed a 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 a pauper, or a non-commissioned officer, soldier, seaman or marine in the service of the United 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 afterwards as occasion may require, shall cause every city or town, the white population of which exceeds five thou

sand, to be laid off into convenient wards, and a separate place of voting to be established in each, and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides.

3. No voter during the time for 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 work upon the public roads, or 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 elections, or in going to and returning from them.

4. In all elections votes shall be given openly, or viva voce, and not by ballot. But dumb persons, entitled to suffrage, may vote by

ballot.

ARTICLE IV.-Legislative Department.

1. The Legislature shall be formed of two distinct branches, which together shall be a complete Legislature, and shall be called the General Assembly of Virginia.

HOUSE OF DELEGATES.

2. One of these shall be called the House of Delegates, and shall consist of one hundred and fifty-two members, to be chosen biennially for and by the several counties, cities, and towns of the Commonwealth, and distributed and apportioned as follows:

The Counties of Augusta and Rockingham and the city of Richmond shall each elect three delegates:

The Counties of Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Halifax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittsylvania, Preston, Rockbridge, Shenandoah and Washington shall each elect two delegates:

The Counties of Botetourt and Craig shall together elect two delegates:

The Counties of Accomac, Alexandria, Amherst, Appomattox, Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Charlotte, Chesterfield, Clarke, Culpepper, Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Hanover, Hardy, Henrico, Henry, Highland, Isle of Wight, Jackson, King William, Lee, Lewis, Louisa, Lunenberg, Madison, Marshall, Mason, Mercer, Mecklenberg, Montgomery, Morgan, Nansemond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas, Princess Anne, Prince Edward, Prince William, Pulaski, Putnam, Randolph, Rappahannock, Roanoke, Scott, Smyth, Southampton, Spottsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood, and Wythe, and the cities of Norfolk and Petersburg shall each elect one delegate:

The Counties of Lee and Scott in addition to the delegate to be elected by each, shall together elect one delegate.

The following counties and cities shall compose election districts: Alleghany and Bath: Amelia and Nottoway: Logan, Boone and Wyoming Braxton and Nicholas : Charles City, James City and New Kent: Cumberland and Powhatan: Doddridge and Tyler: Elizabeth City, Warwick, York, and the City of Williamsburg: Essex, and King and Queen: Fayette and Raleigh: Gilmer and Wirt, Greene and Orange: Greenesville and Sussex: King George and Stafford Lancaster and Northumberland: Matthews and Middlesex Pleasants and Ritchie: Prince George and Surry: and Richmond and Westmoreland: each of which districts shall elect one delegate.

At the first general election under this Constitution the County of Ohio shall elect three delegates, and the Counties of Brooke and Hancock shall together elect one delegate; at the second general election the County of Ohio shall elect two delegates and the Counties of Brooke and Hancock shall each elect one delegate; and so on, alternately, at succeeding general elections.

At the first general election the County of Russell shall elect two delegates, and the County of Tazewell shall elect one delegate; at the second general election the County of Tazewell shall elect two delegates and the County of Russell shall elect one delegate; and so on, alternately, at succeeding general elections.

The General Assembly shall have power upon application of a majority of the voters of the County of Campbell to provide, that instead of the two delegates to be elected by said County, the town of Lynchburgh shall elect one delegate and the residue of the County of Campbell shall elect one delegate.

3. The other house of the General Assembly shall be called the Senate, and shall consist of fifty members, to be elected for the term of four years; for the election of whom, the counties, cities, and towns shall be divided into fifty districts. Each county, city, and town of the respective districts, at the time of the first election of its delegate or delegates under this Constitution, shall vote for one Senator, and the Sheriffs or other officers holding the election for each county, city, and town, within five days at farthest after the last elec tion in the district, shall meet at the Court House of the county or city 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. Upon the assembling of the Senators so elected, they shall be divided into two equal classes, to be numbered by lot. The term of service of the Senators of the first class shall expire with that of the delegates first elected under this Constitution; and of the Senators of the second class at the expiration of two years thereafter: and this alternation shall be continued, so that one half of the Senators may be chosen every second year.

SECTION IV.-THE SENATE.

1. For the election of Senators, the counties of Accomac and Northampton shall form one district:

II. The City of Norfolk shall be another district:

III. The counties of Norfolk and Princess Anne shall form another district:

IV. The counties of Isle of Wight, Nansemond, and Surry, shall form another district :

v. The counties of Sussex, Southampton, and Greenesville, shall form another district :

VI. The City of Petersburg and the County of Prince George shall form another district:

VII. The counties of Dinwiddie, Amelia, and Brunswick, shall form another district:

VIII. The counties of Powhatan, Cumberland, and Chesterfield, shall form another district:

IX. The counties of Lunenburg, Nottoway, and Prince Edward, shall form another district :

x. The counties of Mecklenburg and Charlotte shall form another district:

XI. The county of Pittsylvania shall be another district :

XII. The county of Halifax shall be another district:

XIII. The counties of Henry, Patrick, and Franklin, shall form another district.

XIV. The county of Bedford shall be another district:

xv. The counties of Campbell and Appomattox shall form another district:

XVI. The City of Williamsburg, and the counties of James City, Charles City, New Kent, York, Elizabeth City, and Warwick, shall form another district :

XVII. The counties of Henrico and Hanover shall form another district:

XVIII. The City of Richmond shall be another district:

XIX. The counties of Gloucester, Mathews, and Middlesex, shall form another district:

xx. The counties of Richmond, Lancaster, Northumberland and Westmoreland shall form another district :

XXI. The counties of King and Queen, King William and Essex, shall form another district:

XXII. The counties of Caroline and Spottsylvania shall form another district:

XXIII. The counties of Stafford, King George, and Prince William, shall form another district :

XXIV. The counties of Fairfax and Alexandria shall form another district:

xxv. The county of Loudoun shall be another district:

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