NMENT 
 
 OF 
 
 Virginia 
 
 SMITHEY 
 
 •yi^ 
 

 
 
 
 LIBRARY 
 
 OF THE 
 
 University of California. 
 
 GIFT OF^ 
 
 Accession 8.6.2.80 Class 
 
 
 
 
 
THE CIVIL GOVERNMENT OF 
 VIRGINIA 
 
 FOR THE USE OF SCHOOLS 
 
 BY 
 
 ROYALL BASCOM SMITHEY, A.M. 
 
 PROFESSOR OF MATHEMATICS, RANDOLPH-MACON COLLEGE 
 AUTHOR OF "HISTORY OF VIRGINIA" 
 
 3j«<t 
 
 NEW YORK • : • CINCINNATI • : • CHICAGO 
 
 AMERICAN BOOK COMPANY 
 
,9> 
 
 Copyright, 1898, by 
 ROYALL BASCOM SMITHEY. 
 
 CIVIL gov't of VIRGINIA. 
 
 W. P. I 
 
^0 M^ Sifter 
 ESTELLE SMITHEY 
 
 I DEDICATE THIS BOOK 
 
 86280 
 
Digitized by tine Internet Arciiive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 littp://www.arcliive.org/details/civilgovernmentoOOsmitricli 
 
PREFACE 
 
 This volume has been prepared to meet a growing 
 demand for a text-book on the Civil Government of 
 Virginia suitable for school use. It contains an outline 
 of the entire state system, presented with sufficient full- 
 ness, it is hoped, to give a clear idea of the structure 
 and workings of the government in all its departments. 
 Chapters on the Public School System, Taxation, Elec- 
 tions, and Political Parties have been added, and the 
 relations between the state and the nation have been 
 clearly brought out. Technical terms have been 
 avoided as far as possible, and explanations have 
 been given of .those rendered necessary by the na- 
 ture of the subject. 
 
 To make Civil Government interesting it must be 
 made real. This can best be done by encouraging 
 students to verify as far as possible the statements made 
 in a text-book, by examining the actual workings of 
 local government in their vicinity. As a help in this 
 direction a few suggestive questions have been placed 
 at the beginning of each chapter that treats directly of 
 the operations of the government. If the teacher, be- 
 fore assigning a topic for study, will ask these and 
 
 5 
 
6 PREFACE 
 
 similar questions, students will be led to realize that 
 government is not something entirely dissociated from 
 themselves, but that its operations are taking place all 
 around them. At the close of each chapter will be 
 found questions which cover all important points. 
 
 My thanks are due to Overton Howard, Esq,, of 
 Richmond, for helpful suggestions in regard to court 
 procedure, and to Colonel Morton Marye, Hill Carter, 
 Hon. Geo. S. Shackelford, Judge E. D. Newman, and 
 E. L. C. Scott for valuable criticisms upon parts of the 
 manuscript. 
 
 This book is sent forth with the hope that it will 
 cause the youth of Virginia to appreciate more fully 
 the duties and responsibilities that will soon rest upon 
 them as citizens, and thus aid them in becoming worthy 
 successors of the men of the past, to whose virtue and 
 knowledge the greatness of the state has been so 
 largely due. 
 
 R. B. SMITHEY. 
 
CONTENTS 
 
 CHAPTER I PAGE 
 
 INTRODUCTION 9 
 
 Society ; Rights ; Different Kinds of Rights ; Duties ; Origin of Gov- 
 ernment ; Forms of Government ; A Republic ; A Nation ; A Con- 
 stitution ; Laws ; Three Departments of Government ; The United 
 States ; Two Allegiances. 
 
 CHAPTER n 
 
 THE COUNTY 15 
 
 Origin of the County; The Virginia County; Importance of the 
 County; Functions of County Government; The County Seat; 
 County and District Officers; Qualifying for Office; Vacancies; 
 Board of Supervisors ; The Treasurer; The Surveyor; The Super- 
 intendent and Overseers of the Poor; The Coroner; Commissioner 
 of the Revenue; Justice of the Peace; The Constable ; The Sheriff ; 
 The Commonwealth's Attorney; The Clerk of the County Court; 
 The County Judge ; Other County Officers ; Salaries of County 
 Officers ; County Superintendent of Schools. 
 
 CHAPTER HI 
 
 TOWNS AND CITIES 30 
 
 Formation of Towns and Cities; The Charter; Difference between 
 a Town and a City; Functions of City and Town Government; 
 The Council; The Mayor; Other Officers. 
 
 CHAPTER IV 
 THE STATE — LEGISLATIVE DEPARTMENT .... 35 
 The General Assembly; Qualifications of Members of the General 
 Assembly; Sessions; The Capitol; Privileges of Members and 
 their Salaries ; Scope of State Legislation ; Restrictions upon State 
 Legislation; Apportionment of Senators and Delegates; Organiza- 
 tion; Officers of the Senate; Officers of the House; Duties of 
 Clerks; Duties of the Sergeants-at-Arms ; Standing Committees; 
 The Making of a Law. 
 
 CHAPTER V 
 
 THE STATE — EXECUTIVE DEPARTMENT 45 
 
 Executive Officers ; The Governor ; The Lieutenant Governor ; Sec- 
 retary of the Commonwealth ; The Auditor of Public Accounts ; 
 The Second Auditor ; The State Treasurer ; The Attorney Gen- 
 eral; The Commissioner of Agriculture; The Board of Public 
 Works ; The Militia ; Other Executive Departments and Officers. 
 
 CHAPTER VI 
 THE STATE — JUDICIAL DEPARTMENT . . . . .56 
 A Judicial Power Necessary ; The Courts ; A Case at Law ; Jurisdic- 
 tion; The Justice's Court; The County Court; The Circuit Court; 
 The Supreme Court of Appeals ; City Courts. 
 
 CHAPTER VII 
 
 LEGAL PROCEEDINGS 64 
 
 Duty of a Court ; Juries ; How Grand Juries are obtained ; Trial 
 Juries for Civil and Misdemeanor Cases ; Trial Juries for Felony 
 Cases; i. Proceedings in Civil Cases — Ordinary Civil Cases, First 
 Proceedings in Ordinary Civil Cases, The Trial, Chancery Pro- 
 
 7 
 
CONTENTS 
 
 ceedings; 2. Proceedings in Criminal Cases — The Prevention of 
 Crimes, The Detection of Crimes, Before a Justice, Indictment for 
 Felony, The Trial, Habeas Corpus, 
 
 CHAPTER VIII 
 
 THE PUBLIC SCHOOL SYSTEM 74 
 
 History of Popular Education; Organization of the Public School 
 System; Officers of the System; The Board of Education; The 
 Superintendent of Public Instruction; The County Superintendent ; 
 The County School Board; The School Trustee Electoral Board; 
 The District Board of School Trustees ; Teachers ; Pupils ; School 
 Funds ; City Schools. 
 
 CHAPTER IX 
 ELECTIONS 83 
 
 The Right of Suffrage ; Qualifications required ; The Election Sys- 
 tem ; Election Officers ; Board of State Canvassers ; County and 
 City Electoral Boards; Election Districts; Precinct Officers; Com- 
 missioners of Election ; Registration; Election Supplies; Voting 
 Places; At the Polls; Challenging; Counting Votes; The Returns. 
 
 CHAPTER X 
 POLITICAL PARTIES 91 
 
 Origin of Political Parties in the United States; Parties a Benefit; 
 Advantages of Organization; How a Party is organized; Work 
 done by Committees; The Primary Meeting; The Primary Elec- 
 tion; Caucus; Nominating Candidates; The Unit Rule; The 
 National Convention ; Party Platforms. 
 
 CHAPTER XI 
 TAXATION 95 
 
 What are Taxes ? Reasons for Taxes ; What is taxed ; Property 
 exempt from Taxation; Objects for which Taxes are assessed; 
 The Assessment of Taxes ; Equalization. 
 
 CHAPTER XII 
 THE GOVERNMENT OF VIRGINIA IN OUTLINE ... 99 
 Virginia, the First Constitutional Government in America; Pream- 
 ble; Article I; Article II; Article III; Article IV; Article V; 
 Article VI; Article VII; Article VIII ; Article IX; Article X; 
 Article XI ; Article XII ; The Schedule. 
 
 CHAPTER XIII 
 
 RELATIONS OF THE STATE AND THE NATION . . .105 
 The State and the Nation ; Each State takes Part in the National 
 Government; The National House of Representatives; United 
 States Senators ; Presidential Electors ; Method of holding National 
 Elections; The State Militia; Reciprocal Duties of the State and 
 the Nation ; Powers of Government delegated. 
 
 APPENDIX 109 
 
 Government of State Institutions; Judicial Circuits; Colonial Gov- 
 ernors; Governors of Virginia from 1776; The Virginia Resolves, 
 1769; Ordinance of Secession ; Constitution of Virginia; Constitu- 
 tion of the United States; Declaration of Independence. 
 
 INDEX . . . .171 
 
^ ' OF T*U 
 
 > ^CAUFOS ! 
 
 CIVIL GOVERNMENT OF VIRGINIA 
 
 CHAPTER I - 
 
 INTRODUCTION 
 
 Preparatory Work. — Are men who live with neighbors about 
 them free to do anything they like? What prevents one farmer 
 from gathering the crops on all fields near him? Why are fences 
 put up between farms? Why is it not right for a man who needs a 
 horse to take any one he can find? Do neighbors always live 
 together peacefully? When there are strong differences, who settles 
 questions between them? Could neighbors live comfortably to- 
 gether if every one did exactly as he pleased, without regard to the 
 rights and wishes of others ? Then there is some limit to our free- 
 dom? What is that limit called? Why do we have laws ? By 
 whom are our laws made ? Do you know any one who has helped 
 to make laws for this state ? What is his name ? Who gave him 
 the right to make laws for other people? 
 
 Society. — A number of families living together in 
 a community, where all have the same general interest, 
 constitutes what is known as society. The aggregation 
 of families needed to form society takes place in obedi- 
 ence to a natural impulse ; for human beings are so 
 constituted that they need help and sympathy, which 
 they can obtain only by association with their fellows. 
 
 Rights. — In a family no member can be allowed 
 to carry out his own wishes regardless of others. The 
 
 9 
 
lO INTRODUCTION 
 
 same is true in a larger sense of society. No indi- 
 vidual can be permitted to do everything he may choose ; 
 for justice demands that the needs and the desires of 
 all should be considered. Hence, in any organized 
 society, there is need of some agreement as to rights 
 belonging to all. 
 
 Different Kinds of Rights. — Rights may be classified 
 as follows : — 
 
 1. Civil Rights, which are those belonging to per- 
 sons as citizens of a country, such as the rights of 
 personal liberty, of personal security, and of private 
 property. 
 
 2. Political Rights, such as the rights of voting, of 
 holding office, and of taking part in matters that relate 
 to the whole people. 
 
 3. Religious Rights, which consist of the rights of 
 worshiping God according to the dictates of con- 
 science and in any manner that may be preferred. 
 
 Duties. — With rights originate duties, which are 
 things men ought to do. Every right, whether it re- 
 fers to an individual or to society, involves a duty; 
 and there is no duty that does not have relation to a 
 right. Duties are of many kinds ; but, generally speak- 
 ing, they may be classified as duties to ourselves, duties 
 to others, and duties to God. 
 
 Origin of Government. — Government begins in the 
 family, and civil government is but an extension of 
 family government to meet the needs of society. 
 The development of government takes place in a 
 natural way. Rights are valued by men more highly 
 than any other possessions ; and, after they have been 
 
A REPUBLIC II 
 
 recognized, it becomes necessary for society to insure 
 the possibility of their exercise. Otherwise, the strong 
 would impose on the weak, and the unscrupulous take 
 advantage of the conscientious. So, to enforce the 
 observance of rights, society provides what is called 
 government, which may be defined as " the directing or 
 managing of such affairs as concern all the people alike." 
 Thus government is the agent of society, and is not 
 needed, except in a limited way in the family, till society 
 exists. 
 
 Forms of Government. — From very early times gov- 
 ernment has been divided into three forms : — 
 
 1. Monarchy, the form in which the supreme author- 
 ity is vested in one person. Turkey is an example of an 
 absolute monarchy, the sultan having unlimited power 
 over both the property and the lives of his subjects. 
 
 2. Aristocracy, the form in which the governing 
 power is intrusted to a select class supposed to be 
 specially qualified for its exercise. During the Middle 
 Ages, Venice was governed in this way, but at the pres- 
 ent time no government is a pure aristocracy, although 
 in some countries there are privileged classes that have 
 a hereditary share in the government, as, for example, 
 the nobility in England. 
 
 3. Democracy, the form in which the sovereign 
 power is retained by the people. 
 
 A Republic. — A republic is a representative democ- 
 racy ; that is, it is a government carried on by the 
 people, not directly, but through representatives whom 
 they elect. If the people select their representatives 
 wisely, they can secure their liberties and promote their 
 
12 INTRODUCTION 
 
 general welfare better under a republican form of gov- 
 ernment than under any other kind. 
 
 A Nation. — A body of people occupying a given ter- 
 ritory, enjoying complete sovereignty, and guarding its 
 rights and liberties is called a nation or a state. In our 
 country, the word state has a peculiar meaning, signify- 
 ing one of the commonwealths whose union forms the 
 United States. Each of these states occupies a well- 
 defined territory and has a government sanctioned by a 
 constitution which was made by the people. 
 
 A Constitution. — A constitution may be defined as a 
 contract which expresses the terms by which the people 
 of a state agree to be governed. After a constitution 
 has been adopted, all laws subsequently enacted must 
 conform to this constitution, which is for this reason 
 called the fundamental law. 
 
 Laws. — It is necessary for a government, in exe- 
 cuting its functions, to lay down rules to regulate the 
 social actions of men, and these rules are called laws. 
 The laws found in a constitution, called constitutional 
 laws, are the most permanent, while those passed by 
 the legislature of a state, known as statute laws, are 
 more easily changed. 
 
 Three Departments of Government. — The powers of 
 government can be exercised in three ways, — in making 
 laws, in construing them, and in executing them. The 
 objects of government are best attained when these 
 three functions of government are kept separate ; that is, 
 when one set of men makes the laws, when a second 
 set decides controversies under them, and when a third 
 set executes or carries them into effect. 
 
TWO ALLEGIANCES 1 3 
 
 The United States. — The United States is a republic 
 made up of a number of states, each one of which is 
 itself a republic. A republic of republics, then, the 
 nation is. Each of the constituent states has dele- 
 gated to the United States powers which belong to 
 a nation in its relations with foreign countries, and 
 also such as are necessary to make laws for the whole 
 country. But all powers which the state has not sur- 
 rendered, it has retained, and so exerts over its citizens 
 an authority which is its own. Hence, as strictly na- 
 tional powers are wielded by the nation and local ones 
 by the states, the United States is dual in its govern- 
 ment, and so is called a Federal Republic. 
 
 Two Allegiances. — As Virginia is one of the states 
 composing the Federal Union, her citizens owe two 
 allegiances, one to Virginia and the other to the United 
 States. Each government is supreme in its own sphere, 
 and there is no conflict between the two. Generally 
 speaking, the United States has jurisdiction in all mat- 
 ters that affect its relations with foreign nations, also 
 coins money, issues patents, and makes laws in regard 
 to commerce, which apply to the whole country, while 
 Virginia has exclusive control over the actions of her 
 own citizens as long as they are in her territory, and 
 also over their rights of property. 
 
 QUESTIONS 
 
 1. What constitutes society, taken collectively? 
 
 2. Why is it necessary to have rights defined and respected? 
 
 3. Give the three kinds of rights, with their respective defini- 
 
 tions. 
 
 4. What are duties, and how are they classified ? 
 
14 INTRODUCTION 
 
 5. What is the origin of government, and how is government 
 
 developed? 
 
 6. Name the three forms of government, and define each. 
 
 7. Define a nation. 
 
 8. What is a constitution, and why is it called a fundamental law?- 
 
 9. What are laws, and why are they necessary? 
 
 10. In what three ways are the powers of government exercised? 
 
 11. What is the form of the government of the United States? 
 
 12. What powers has each of the states surrendered to the United 
 
 States, and what powers does each retain? 
 
 13. To what two governments do the Virginians owe allegiance? 
 
 14. What is the sphere of each ? 
 
CHAPTER II 
 
 THE COUNTY 
 
 Preparatory Work. — What is the name of the county in which 
 you live? Who is the judge of the county court, and what are his 
 duties ? Who is the sheriff, and what are his duties ? What officer 
 collects the taxes of your county? Who is the treasurer of your 
 county, and what are his duties? What is the name of your magis- 
 terial district ? Give the name of the justice of the peace living in 
 your neighborhood. Who are the other officers in your district? 
 What becomes of poor people who are unable to support them- 
 selves ? What public buildings does your county own ? 
 
 Origin of the County. — In the early days of Eng- 
 lish history, the land occupied by a tribe and ruled 
 over by a petty king was called a shire, the Anglo- 
 Saxon word shire meaning division. But after the 
 Norman conquest, the name for shire was changed to 
 county, which on the continent of Europe comprised 
 a division of land originally bestowed by a king upon a 
 count or companion. These little shires or counties 
 were the units which, when united, made the English 
 nation. 
 
 The Virginia County. — The old Virginia county was 
 a copy of its English prototype. As early as 1634, 
 the colony was divided into eight shires, called James 
 City, Henrico, Charles City, Elizabeth City, Warwick 
 River, Warrasqueake, Charles River, and Accomac, 
 which took their names from settlements embraced in 
 
 15 
 
1 6 THE COUNTY 
 
 them. The name county first appears in the Virginia 
 laws in 1639. No system of pubUc survey was followed 
 in creating new counties, but they were formed by unit- 
 ing a number of adjoining plantations as convenience 
 dictated. The state now contains one hundred coun- 
 ties, some of which have Indian names, such as Powha- 
 tan, Nottoway, Accomac, but most of them derive their 
 designations from distinguished men who have lived in 
 Virginia, a number of whom were colonial governors. 
 New counties may be formed by the General Assembly 
 by taking territory from one or more old ones ; but no 
 new county can be formed with an area of less than six 
 hundred square miles, nor can any of the existing coun- 
 ties be reduced to an area below this for the purpose of 
 making new ones. 
 
 Importance of the County. — Early in Virginia history, 
 the county became the unit of local government, just as 
 the township did in New England, and it remains to-day 
 the foundation of all local order and government. Each 
 county is now divided into three or more magisterial 
 districts, and each magisterial district into school 
 districts. Every county is a corporation,^ and can ex- 
 ercise any legal powers that belong to it as such. It 
 may, for example, sue and be sued, own property, and 
 
 1 A corporation is an association of persons authorized by law to carry 
 on business under a common name, and as a single person. Authority to 
 act in this way is given by law to the people of a county, town, or city, who 
 can buy, own, and sell property, and can, like individuals, sue and be sued. 
 Counties, towns, and cities are called public corporations because they are 
 organized for purposes of government, while such corporations as banks, 
 manufacturing companies, railroad companies, etc., are called private cor- 
 porations. 
 
COUNTY AND DISTRICT OFFICERS 1/ 
 
 enter into contracts. The county is subordinate to the 
 state, but it is allowed by the state to exercise powers 
 of local government that are of the highest importance. 
 We begin, therefore, the study of state government with 
 the county, since it is the political corporation of lowest 
 order that has governing powers. 
 
 Functions of County Government. — The county con- 
 structs roads, builds bridges, provides jails and poor- 
 houses, looks after education, and in general takes 
 oversight of all local matters. These are its chief 
 functions. 
 
 The County Seat. — For the county' seat a village 
 or town is usually selected which can be reached 
 with convenience from different parts of the county. 
 Here the courthouse and jail are located, and the 
 principal county officials keep their offices. It has 
 long been the custom for people of all classes to 
 meet at the county seat on court days, for the trans- 
 action of business both public and private. On 
 these occasions debts are settled, business engage- 
 ments entered into, property bought and sold, and, if 
 an election is near, much stump speaking and political 
 discussion take place. 
 
 County and District OflScers. — The county officers 
 elected by the people are a sheriff, an attorney for the 
 commonwealth, a clerk, a treasurer, and one or more 
 commissioners of the revenue. Each of these officers 
 serves for a term of four years, except the county clerk, 
 who holds his office for six years. In addition to the 
 above-named officers, each county has also a surveyor, 
 a superintendent of the poor, and one or more coroners, 
 
 CIV. gov't of VA. — 2 
 
1 8 THE COUNTY 
 
 a superintendent of schools, and a judge of the county 
 court, who are not elected by the people, but are ap- 
 pointed by properly constituted authorities. Their 
 terms of service and the method of their appoint- 
 ment will be given when the duties of each are 
 stated. 
 
 In each magisterial district, one supervisor, three 
 justices of the peace, one constable, and one overseer 
 of the poor are elected by the people, each for a term 
 of two years. 
 
 Qualifying for Office. — Each of the county and dis- 
 trict officers is required, when he qualifies for office, 
 to take an oath that he will faithfully discharge his 
 duties, and also an oath that he has not fought and 
 will not fight a duel. All officers except the common- 
 wealth's attorney, the justice of the peace, and the 
 county judge have to give bonds, with security, to in- 
 sure their fidelity. 
 
 Vacancies. — When vacancies occur in county or 
 district offices, the county court fills them temporarily 
 till they can be filled by the people at the next general 
 election. A vacancy in the clerkship of the circuit 
 court, when the duties of the office are not discharged 
 by the clerk of the county court, is filled by the circuit 
 court. If the office of county judge becomes vacant, 
 the governor is authorized to designate a judge of any 
 other county court, to hold the regular terms of the 
 county court, in which the vacancy exists, till it can 
 be filled by the General Assembly. As a rule, with 
 hardly an exception, officials must reside within the 
 limits of their jurisdiction. 
 
BOARD OF SUPERVISORS 1 9 
 
 Board of Supervisors. — Each county is a corpora- 
 tion, that is, it has the power to act as an individual, 
 but like all corporations, it must act through agents. 
 The principal agent of the county is the board of su- 
 pervisors, which is composed of all the district supervis- 
 ors. This board meets annually at the courthouse on 
 the fourth Monday in July, and holds also monthly 
 meetings. One of the supervisors is elected chairman, 
 and the clerk of the county is ex-officio ^ clerk of the 
 board. As the agent of the county, this body has many 
 important duties to discharge, some of which are legis- 
 lative and some executive in character. Its chief func- 
 tions are to examine all the claims that are brought 
 against the county, to allow such as are correct, and to 
 issue warrants 2 on the treasurer for their payment, to 
 audit the accounts of all officers who receive and pay 
 out money belonging to the county, to examine the 
 books of the commissioners of the revenue, to regulate 
 and equalize the valuation of property, to determine the 
 amount of money to be raised by taxation for the gov- 
 ernment of the county, and to order the annual tax 
 levies to raise it. The board prescribes rules and plans 
 for repairing roads and bridges, and in the months of 
 April and October of each year makes a personal in- 
 spection of all dams and rivers. It is empowered, 
 within limits prescribed by law, to levy school taxes, to 
 borrow money for the county to aid in carrying on 
 works of internal improvement, and to levy taxes on 
 
 1 By virtue of his office. 
 
 2 A warrant, in this sense, is a written order on the treasurer for 
 money. 
 
20 THE COUNTY 
 
 the people to meet the debt thus incurred. The board 
 provides the courthouse, clerk's office, jail, and farm for 
 the reception of the poor, and it has charge of all 
 county property, except the courthouse, which is under 
 the supervision of the judge of the county court. It 
 represents the county in suits at law, and in general has 
 the management of the business interests of the county 
 in all cases where no other provision is made. It fur- 
 nishes ballot boxes for the voting places, has authority 
 to have a true meridian run at some central and acces- 
 sible place in the county, and can establish a hospital, if 
 one is needed. This board may also abolish the fence 
 law of the state in its own county or in any part 
 of it. 
 
 The Treasurer. — The treasurer receives all money 
 that is paid into the county treasury, and disburses it in 
 the manner prescribed by law. All county, state, and 
 school funds come into his hands. The county money 
 he pays out upon warrants issued by the board of su- 
 pervisors, and settles his accounts with the county at the 
 July meeting of the board, or as soon thereafter as pos- 
 sible. 
 
 The money belonging to the state he transmits to the 
 state treasury, and settles with the auditor in regard to 
 what he has received on account of the state. The 
 school money he pays out upon warrants issued by the 
 proper school authorities. He is not allowed to specu- 
 late in county warrants, nor to use or lend county 
 money. 
 
 The Surveyor. — Each county has a surveyor, who is 
 appointed for a term of four years by the county court 
 
THE CORONER 21 
 
 judge, upon the recommendation of the board of super- 
 visors. He makes all surveys ordered by the courts, 
 and also surveys land privately for persons who pay 
 him fees established by law. In making surveys, he is 
 required to measure all lines horizontally, and to give 
 the magnetic variation. 
 
 The Superintendent and Overseers of the Poor. — 
 The superintendent of the poor is appointed by the 
 county court judge, upon the recommendation of the 
 board of supervisors, and holds his office for a term of 
 four years. He has charge of the county poorhouse, 
 or place of general reception of the poor, where he re- 
 ceives such paupers as are sent to him by the overseers 
 of the poor from the several magisterial districts of the 
 county, and cares for them in the manner provided by 
 law. His salary is fixed by the board of supervisors 
 within limits prescribed by law ; and every year, at the 
 July meeting of the board, he is required to make a 
 report, giving a full account of his transactions. 
 
 The overseer of the poor in each magisterial district 
 looks after persons unable to support themselves, giv- 
 ing assistance to some at their homes, and having 
 others sent to the poorhouse. 
 
 The Coroner. — There are in every county one or 
 more coroners who are appointed by the judge of the 
 county court, and who may hold office for two years. 
 The coroner's chief duty is to investigate the cause of 
 the death of any person who is supposed to have died 
 by violence and not by casualty. When a death takes 
 place under circumstances that demand an investigation, 
 the coroner is notified, and he institutes an examination. 
 
22 THE COUNTY 
 
 He summons a jury of six men, as well as witnesses 
 and physicians, if needed. If the jury, after all the 
 circumstances have been investigated, accuses any one, 
 the coroner is required to arrest that person and com- 
 mit him to prison. 
 
 If the sheriff is disqualified, or if the office becomes 
 vacant, the coroner acts in his place. 
 
 Commissioner of the Revenue. — It is the duty of 
 the commissioner of the revenue to make annually a 
 list of the names of all persons in his district liable to 
 taxation, together with the estimated value of the prop- 
 erty of each person. Each taxpayer is required by law 
 to furnish to the commissioner of the revenue a list of 
 all his taxable personal property, moneys, etc., so that 
 his taxes can be correctly estimated. The commis- 
 sioner issues also to any person who pays the fees 
 prescribed by law, a license to engage in any business, 
 employment, or profession upon which a tax is placed. 
 He likewise collects, while discharging his duties in 
 connection with taxation, statistics of births and deaths 
 that have taken place, and information in regard to ex- 
 Confederate soldiers and sailors. These statistics are 
 filed in the office of the clerk of the county. 
 
 Justice of the Peace. — It is the duty of the justice of 
 the peace to preserve the public peace, and therefore 
 to bind over such persons as threaten to break it ; to 
 suppress riots, to issue warrants ^ for the arrest of per- 
 ns who violate the laws or are accused of committing 
 
 1 A warrant, as the term is used here, is a written order issued by a jus- 
 tice, authorizing an officer to make an arrest, a seizure, or a search, or do 
 other acts incident to the administration of justice. 
 
THE SHERIFF 23 
 
 crimes, to issue search warrants for stolen property, 
 counterfeit coins, etc. He issues warrants for the re- 
 moval of paupers to the poorhouse, and acts in the 
 place of the coroner, when no coroner is available. He 
 has authority also to administer oaths, and to take and 
 certify acknowledgments of deeds and other legal docu- 
 ments. In addition to his other duties, he presides over 
 the humblest court in the land, the jurisdiction of which 
 will be explained in the chapter on courts. 
 
 The Constable. — The constable is a conservator of 
 the peace, and he is the ministerial officer of the justice's 
 court. He serves the summons, warrants, writs,^ exe- 
 cutions,^ and other legal processes issued by the justice ; 
 arrests persons on criminal charges and upon demands 
 of security of peace, and commits them to safe custody 
 till he can bring them before a justice. He also sum- 
 mons juries to attend coroners' inquests. 
 
 The Sherifif. — The sheriff is an officer of great antiq- 
 uity. Shire-reeve, steward of the shire, he was called 
 in England, when the country was divided into shires ; 
 and, in the course of time, shire-reeve was changed into 
 sheriff. He is the county's chief executive officer, and 
 as such he has many important duties to perform. He 
 has to attend the courts that meet in his county, and to 
 execute and return their orders promptly. He executes, 
 likewise, all sentences and judgments of the court. He 
 sells personal property under execution, and carries into 
 
 1 A writ is a written order issued by a court, directing something <^ be 
 done in regard to a case or suit. 
 
 2 An execution is the act of carrying into effect the final judgment of a 
 court. 
 
24 THE COUNTY 
 
 effect decrees ^ of court for the sale of property when 
 special commissioners are not appointed. He adminis- 
 ters on the estates of deceased persons, when no one 
 else qualifies as administrator, and he cannot resign this 
 trust when the court commits an estate to him. He is 
 authorized by the state to seize the personal property of 
 a taxpayer who refuses to pay his taxes, and sell it at 
 auction. Out of the proceeds, he pays the delinquent 
 taxes, and, if anything is left, he returns it to the former 
 owner. The county jail and the prisoners confined in it 
 are in his charge. If prisoners are threatened by vio- 
 lence from mobs, he must protect them. He has to 
 arrest criminals, prevent crime, and preserve the peace 
 of the county. He is assisted in his work by as many 
 deputies as may be necessary, who are appointed by the 
 county court upon his recommendation. But if in 
 quelling riots, arresting offenders, etc., he needs more 
 help than his deputies can give him, he may call to his 
 aid as many men as he deems necessary. He may call 
 upon the commander of any regiment in the county 
 for soldiers to help him, or upon the governor for 
 troops. 
 
 Commonwealth's Attorney. — This officer is elected 
 by the people, to be the legal counsel of the county 
 in cases at law, to which it is a party and which are 
 tried before the county and circuit courts. He com- 
 mences and prosecutes all cases in which the county is 
 interested. He represents the county before the board 
 of supervisors, looks after all debts due it, draws busi- 
 
 ^ A decree is a judgment or sentence of a court of equity. 
 
THE CLERK 2$ 
 
 ness contracts^ for it, investigates claims that are 
 brought against it, and in general acts for it in all legal 
 matters. He prosecutes all criminal charges in his 
 county and is the legal adviser of the county officers. 
 
 The Clerk. — The clerk of the county court is also 
 clerk of the circuit court. But in counties containing 
 fifteen thousand inhabitants there may be a separate 
 clerk for the circuit court. It is the duty of this officer 
 to record, in books provided for the purpose, all legal 
 papers required by law to be preserved, such as deeds,^ 
 mortgages,^ wills,* appraisements of estates of deceased 
 persons, inventories of property that comes into the 
 hands of fiduciaries,^ and accounts of sales of property 
 by fiduciaries, and reports of commissioner of accounts, 
 showing what disposition fiduciaries have made of funds 
 committed- to their management by the courts. He 
 records the proceedings of the county court, including 
 its rulings,^ orders, and judgments ; '' issues marriage 
 
 1 A contract is an agreement between two or more persons concerning 
 something to be done, whereby both parties are bound to each other, or 
 one is bound to the other. 
 
 2 A deed of land is a writing by which the ownership of land is trans- 
 ferred to a purchaser. 
 
 2 A mortgage of land is a conveyance of lands by a debtor to a cred- 
 itor as security for the payment of a debt, the mortgage becoming void 
 when the debt is paid. Mortgages are also taken on personal property to 
 secure the payment of debt. These are called chattel mortgages. 
 
 * A will is a writing in which a person states what disposition he wishes 
 made of his property after his death. 
 
 ^ A fiduciary is a person who holds a thing in trust for another person. 
 
 ^ A ruling is a decision or rule of a judge or a court, especially an oral 
 decision, as in excluding evidence. 
 
 ''A judgment is a decision or sentence of the law, given by a court of 
 justice or other competent tribunal, as the result of proceedings instituted 
 for the redress of injury. 
 
26 THE COUNTY 
 
 licenses, and registers marriages, births, and deaths. 
 He also makes up the dockets of the circuit court, and 
 records all its decrees and orders, unless this court has 
 a clerk of its own. Since in Virginia judgments have 
 to be docketed in the office of the clerk of the county, 
 in order to bind the lands of the judgment debtor, the 
 circuit clerk furnishes the clerk of the county court an 
 extract of all judgments and decrees of the circuit court 
 for the payment of money to be docketed. 
 
 County Judge. — Every county which contains not 
 less than eight thousand inhabitants has a county 
 court judge. He is chosen by the joint vote of the two 
 houses of the General Assembly, and holds his office 
 for a term of six years. Counties containing less than 
 eight thousand inhabitants are attached to adjoining 
 counties for the formation of districts for county judges. 
 The county judge holds the county court each month 
 and transacts its business. The jurisdiction of this 
 court will be explained in the chapter on courts. 
 
 Other County Officers. — In addition to the county 
 officers that have been named, there is a physician to 
 the poor, who is appointed by the board of supervisors, 
 and a sealer of weights and measures, appointed by the 
 county court. The latter keeps the standard weights, 
 balances, and measures furnished by the state to the 
 county, by which those belonging to individuals are to 
 be tested. Once also in every five years, the county 
 judge appoints as many land assessors for each county 
 as there are commissioners of the revenue. These offi- 
 cers assess at a fair cash value all the lands and lots in 
 the county with the improvements on them, and from 
 
SALARIES OF COUNTY OFFICERS 2/ 
 
 the valuation thus obtained, the annual taxes on real 
 estate are assessed. 
 
 Salaries of County Officers. — The sheriff, clerk of the 
 county court, and commonwealth's attorney are gen- 
 erally paid in fees, though in some instances the court 
 or the board of supervisors may authorize them to be 
 paid limited salaries or sums. The justice of the peace 
 is paid in fees, and so is the coroner, the constable, the 
 surveyor, and the sealer of weights and measures. The 
 superintendent of the poor receives a salary which is 
 fixed by the board of supervisors and varies, according 
 to the population of the county, from two hundred and 
 forty dollars to three hundred and twenty dollars, 
 except in Halifax County, where the board of super- 
 visors can allow the superintendent of the poor as much 
 as seven hundred dollars. Each overseer of the poor 
 and each land assessor receives two dollars per day for 
 the time he is actually engaged in the work of his office. 
 The physician to the poor receives a salary which is 
 determined by the board of supervisors. The treasurer 
 is paid by a commission on the money he receives and 
 disburses, and the commissioner of the revenue is paid 
 partly by fees and partly by a commission on taxes 
 assessed by him. In some instances, however, he is 
 allowed a salary by the supervisors. The county judge 
 receives two hundred and eighty dollars and an addi- 
 tional sum of twenty dollars for each thousand inhabit- 
 ants in the county over ten thousand ; but in a number 
 of the counties the board of supervisors has authority 
 by special acts of the General Assembly to increase the 
 judge's salary within specified limits. The pay of a 
 
28 THE COUNTY 
 
 supervisor is, in most of the counties, three dollars per 
 day, for the time he actually spends at meetings of the 
 board, and five cents for each mile he travels in going 
 to meetings and in returning from them. In a few 
 counties, however, a supervisor is paid only two dollars 
 per day ; and some counties have special laws in regard 
 to the compensation of supervisors. 
 
 County Superintendent of Schools. — Each county has 
 also a superintendent of schools, whose duties will be 
 explained in the chapter on The Public School System. 
 
 QUESTIONS 
 
 1 . State the origin of the name county. 
 
 2. How were the first Virginia counties formed and named? 
 
 3. By whose authority, and under what rules, can new counties be 
 
 formed ? 
 
 4. What are the divisions and subdivisions of the county? 
 
 5. What powers of government does the county exercise? 
 
 6. What are the functions of the county government ? 
 
 7. Describe the county seat, and tell what is done on court days. 
 
 8. Name the county officers. Give their respective terms of office. 
 
 9. Those of a district. 
 
 10. What are the qualifications for office? 
 
 11. When vacancies occur in- the offices, how are they filled? 
 
 12. What board constitutes the principal agent of a county? When 
 
 and how often does it meet? 
 
 13. What are some of the duties of this board? 
 
 14. What are the duties of the county treasurer? 
 
 15. State the term of office, and the duties of the county surveyor. 
 
 16. How is the superintendent of the poor appointed, and what are 
 
 his duties? 
 
 17. What is the difference between the superintendent and the 
 
 overseer of the poor? 
 
 18. By whom are coroners appointed ? What is their term of office ? 
 
 19. Give an outline of what a commissioner of the revenue is ex- 
 
 pected by law to do. 
 
QUESTIONS 29 
 
 20. The justice of the peace. 
 
 21. The constable. 
 
 22. The sheriff. 
 
 23. The commonwealth's attorney. 
 
 24. What are the duties of the clerk of the county court? 
 
 25. How many inhabitants entitle a county to a judge? 
 
 26. By whom is he chosen, and what is his term of office? 
 
 27. Mention some of the other county officers with their respective 
 
 duties. 
 
 28. How are the salaries of most of the county officers determined? 
 
 29. How are the salaries of the superintendent, overseer, and phy- 
 
 sician of the poor determined? 
 
 30. Of the treasurer and the county judge? 
 
 31. What is the usual pay of a supervisor while on duty? 
 
CHAPTER III 
 
 TOWNS AND CITIES 
 
 Preparatory Work. — Name the village, town, or city nearest to 
 your home. Who is the mayor ? Name a councilman. What other 
 officers do you know in your town or city? How do their duties 
 compare with those of similar officers in a county? What buildings 
 are owned by your town or city? Must inhabitants of towns and 
 cities obey the state laws? What special laws must they obey? 
 
 Formation of Towns and Cities. — When any portion 
 of the country becomes so densely populated that more 
 minute regulations or laws are necessary for it than for 
 the more sparsely settled sections, the citizens of the 
 thickly settled part petition the General Assembly to 
 incorporate them into a town, or into a city if they 
 are sufficiently numerous, so that they can have a local 
 government of their own. If the petition is granted, 
 the Legislature passes a law, which gives the people the 
 powers they desire. Thus towns and cities are formed. 
 
 The Charter. — The law by which a town or city is 
 incorporated is generally called a charter. This instru- 
 ment makes the town or city a corporation, fixes its 
 boundaries, defines its powers and privileges, gives it a 
 name, and states what officers it shall have to carry 
 on its government. The charter also enumerates the 
 duties of the officers, and provides for their election 
 or appointment. It is the fundamental law of the 
 town or city, just as the constitution is of the state. 
 Towns and cities present a general uniformity in their 
 
 30 
 
FUNCTIONS OF CITY AND TOWN GOVERNMENT 31 
 
 government, the state granting to all similar privi- 
 leges and imposing on all similar duties; but there is 
 much variety in matters of detail, as some charters con- 
 fer special rights and privileges. The form of govern- 
 ment laid down in a charter usually provides for a legis- 
 lative council, a mayor, a treasurer, a clerk who records 
 the proceedings of the council, a police force, a ser- 
 geant, one or more justices of the peace, and contains 
 provisions for the election or appointment of such other 
 officers as may be needed. But the charter, unless the 
 contrary is expressly provided, is subject to the general 
 laws of the state, for the regulation of towns and cities. 
 
 Difference between a Town and a City. — The word 
 town is defined in Virginia law as an incorporated 
 town containing less than five thousand inhabitants. 
 When an incorporated town reaches a population of 
 five thousand, the constitution of the state authorizes 
 the two houses of the General Assembly to elect by 
 joint ballot a judge who shall hold in the place a cor- 
 poration or hustings court,^ and when this is done the 
 town is called a city. The word city accordingly means 
 an incorporated town with a population of five thousand 
 or more which has a corporation or hustings court. 
 The term village as used in Virginia means an as- 
 semblage of houses that has not been incorporated, but 
 whose inhabitants are under the government of the 
 county in which they reside. 
 
 Functions of City and Town Government. — The 
 government of a city or town has many important 
 
 1 In English law a hustings court was formerly the principal court of a 
 city. 
 
32 TOWNS AND CITIES 
 
 duties to perform, such as to provide lights, to con- 
 struct streets, bridges, and sewers, to erect public build- 
 ings, schoolhouses, and waterworks, to build prisons 
 and workhouses, to establish parks and cemeteries, to 
 prescribe rules for the holding of markets, and regula- 
 tions in regard to the erection of buildings, to support 
 a fire department, to provide for the weighing or 
 measuring of hay, coal, and other articles offered for 
 sale, to abate nuisances, to lay down regulations for the 
 promotion of health, and to provide a police force suffi- 
 cient to protect the lives and the property of the citizens. 
 
 The Council. — The city is, for convenience in its 
 government, divided into wards, and the voters of the 
 different wards elect councilmen to represent them in 
 the city council. The town is not divided into wards, 
 but the people elect a mayor and councilmen, and these 
 together constitute the council of the town. 
 
 The council is the legislative body of the city or 
 the town ; and it has power to pass laws which are 
 called ordinances, to carry out the various functions of 
 the government which have been mentioned and all 
 others conferred by statute law or specially granted by 
 charter. It has authority to levy taxes to pay the 
 expenses of the government and of the schools, and to 
 prescribe fines or other punishments for the violation of 
 ordinances. The council has also the right to appoint 
 a collector of its taxes and levies, with such other officers 
 as may be needed, to define their powers and prescribe 
 their duties and compensation. 
 
 The Mayor. — The mayor is elected by the quali- 
 fied voters of the city or town, and is the chief execu- 
 
OFFICERS 33 
 
 tive officer of the corporation. As such, he is responsi- 
 ble for the efficiency of the government. It is incum- 
 bent upon him to see that the ordinances are obeyed, 
 and the laws of the state carried out as far as they 
 apply to the city or town. In preserving order, he has 
 at his command the police force, and if necessary he 
 may call on the governor for aid. He is president of 
 the council, and calls special meetings when they are 
 needed. In towns and in some cities he holds a court, 
 called the mayor's court, which tries offenses involving 
 violations of ordinances and such cases as come before 
 the court of a justice of the peace. In other cities a 
 police justice holds a court that takes the place of the 
 mayor's court. 
 
 The mayor is charged with seeing that the duties 
 of the various officers are faithfully performed. He 
 has the power to investigate their acts, has access to 
 all the books and documents in their offices, and may 
 examine them and their subordinates on oath. He is 
 authorized to suspend or remove officers for neglect of 
 duty or for misconduct in office. In some towns, the 
 council elects the mayor, and exercises supervision over 
 the officers. An examination of the charters of differ- 
 ent cities and towns will be necessary in order to ascer- 
 tain all the points in which they differ in government. 
 
 Other Officers. — The other officers usually connected 
 with the city government are a treasurer, a clerk of 
 the corporation or hustings court, who is also clerk of 
 the circuit court, except that in cities with a population 
 of thirty thousand or more there may be a separate 
 clerk for the circuit court, a commonwealth's attorney, 
 CIV. gov't of va. — 3 
 
34 
 
 TOWNS AND CITIES 
 
 a commissioner of the revenue, and a sergeant. These 
 are all elected by the people. The city sergeant is the 
 ministerial officer of the courts that meet in the city, and 
 in general his duties are the same as those of a sheriff. 
 The town sergeant has the same duties and powers as 
 a constable. The other officers discharge for the city 
 the duties that the corresponding officials do for the 
 county. In addition to the above officers, cities have 
 an engineer, a collector, a chief of the fire department, 
 a chief of the police, etc., who are appointed generally 
 by the council. 
 
 QUESTIONS 
 
 1 . How are towns and cities formed ? 
 
 2. What is a charter, and what powers does it confer upon a town 
 
 or city ? 
 
 3. Give a list of the officers granted under a charter. 
 
 4. What is the difference between a town and a city? 
 
 5. What does the term w//^^,? mean? 
 
 6. Mention some of the duties performed by the government of a 
 
 town or city. 
 
 7. What is a town or city council, and what authority has it? 
 
 8. How is a mayor elected, and what are the duties of his office? 
 
 9. Mention other officers connected with a town or city govern- 
 
 ment. 
 10. How are they elected or appointed, and what are their duties? 
 
CHAPTER IV 
 
 THE STATE — LEGISLATIVE DEPARTMENT 
 
 Preparatory Work. — What is a legislature, and why is it necessary 
 to have one? How often does the Virginia legislature meet? Who 
 represents your county, city, or town in the House of Delegates? 
 Who is the senator from your district? Are representatives and 
 senators elected or appointed? What should be the character of 
 the men sent to the legislature ? What duties do they perform in the 
 legislature? Do you know any special law which the people in your 
 community wish to have passed ? 
 
 The General Assembly. — The lawmaking power of 
 the state is vested by the constitution in a General 
 Assembly, or Legislature, which consists of a Senate 
 and a House of Delegates. A senator serves for four 
 years, and a member of the House of Delegates for two 
 years, but both are eligible to reelection. Members of 
 the House of Delegates and half the senators are elected 
 by the people every two years on the Tuesday succeed- 
 ing the first Monday in November, and begin their 
 duties on the first Wednesday in the following De- 
 cember. These elections take place in the odd-num- 
 bered years, and when vacancies occur they are filled 
 by special elections. 
 
 Qualifications of Members of the General Assembly. — 
 Any person twenty-one years old, who holds no salaried 
 office under the state government, can be elected to the 
 
 35 
 
36 THE STATE— LEGISLATIVE DEPARTMENT 
 
 General Assembly, provided he is a citizen of the United 
 States, and has been a resident of Virginia for a year, 
 and of the district, county, or city he wishes to represent 
 three months immediately preceding the election. Dur- 
 ing his term of service he is required to reside in the 
 district, county, or city he represents, and if he does not 
 do this, his office becomes vacant. Each house is the 
 exclusive judge of the election and qualifications of its 
 members, punishes them for disorderly conduct, and can, 
 by a two-thirds vote, expel a member. 
 
 Sessions. — The constitution requires the General 
 Assembly to meet regularly every alternate year on the 
 first Wednesday in December. The meetings take place 
 in the odd-numbered years. The law fixes the limit of 
 a session at ninety days ; but a session can be extended 
 for an additional period, not exceeding thirty days, by a 
 special three-fifths vote of each house. Neither house 
 can, during a session of the General Assembly, adjourn 
 without the consent of the other for more than three 
 days, nor to any other place than that in which the two 
 houses are holding their meetings. 
 
 A majority of the members elected to each house 
 constitutes a quorum to do business, but a smaller num- 
 ber can adjourn from day to day, and has power to 
 compel the attendance of absent members in such man- 
 ner, and under such penalty, as each house may pre- 
 scribe. 
 
 The governor is required to call an extra session of 
 the General Assembly on application of two thirds of 
 the members of both houses, or when, in his opinion, the 
 interest of the state requires him to do so. 
 
SCOPE OF STATE LEGISLATION 37 
 
 The CapitoL — The capitol, or statehouse, is in the 
 city of Richmond, and here the constitution requires 
 the General Assembly to meet, though in cases of emer- 
 gency it may meet elsewhere. The statehouse is a 
 handsome building, conspicuously located in a park of 
 twelve acres. 
 
 Richmond, the capital city, was founded by Colonel 
 William Byrd in 1733, and was made a town by law in 
 the reign of George H. In 1779, before the Constitution 
 of the United States was formed, it became the seat of 
 Virginia's government, and it has continued so ever 
 since that time. More events of historic importance 
 have occurred in this city, and in the country around it, 
 than in any locality in the Union. 
 
 Privileges of Members and their Salaries. — Members 
 of the General Assembly are in all cases, except in cases 
 of treason, felony, or breach of the peace, privileged 
 from arrest during the sessions of their respective 
 houses ; and, for any speech or debate in either house, 
 they shall not be questioned in any other place. They 
 are not subject to arrest under any civil process during 
 the session of the General Assembly, nor for fifteen days 
 before the opening and after the closing of the session. 
 Each member receives a salary of three hundred and 
 sixty dollars for attendance and services at each regu- 
 lar session of the General Assembly, and one hundred 
 and eighty dollars for duties rendered during an extra 
 session. 
 
 Scope of State Legislation. — The acts passed by the 
 General Assembly constitute the statute law, which has 
 a wide field of application. It regulates the buying, 
 
38 THE STATE — LEGISLATIVE DEPARTMENT 
 
 the selling, and the inheritance of property, the admin- 
 istration of estates, the making of contracts, partner- 
 ships, promissory notes and checks, the granting of 
 charters to corporations, such as railroad, telephone, 
 electric light, manufacturing, mining, and insurance 
 companies. The state through its laws provides for 
 raising, by taxation, money to carry on the government ; 
 makes laws in regard to marriage ; prescribes the legal 
 relation of husband and wife, parent and child, master 
 and servant; provides for the establishment of chari- 
 table institutions ; supports education ; creates county, 
 city, and town governments ; determines methods of 
 procedure for the various courts ; regulates the suffrage, 
 and is charged with the prevention of crime and the 
 punishment of criminals. Thus the state comes very 
 near to the people, and has authority to make such 
 laws as will best promote their welfare in all the ordi- 
 nary affairs of life. Indeed, the term House of Dele- 
 gates is intended to convey the idea that the mem- 
 bers are sent by the people to enact the will of the 
 people into law ; and each member is elected upon the 
 tacit, if not the express, promise that he will vote to 
 enact that will into law ; for otherwise some one else 
 would be sent. Thus the will of the people becomes 
 the law. 
 
 Restrictions upon State Legislation. — The constitu- 
 tion of Virginia puts some limitations upon the power 
 of the General Assembly. For example, it is not 
 allowed to grant divorces, to authorize lotteries, to 
 abridge the freedom of speech, the freedom of the 
 press, the religious liberty of the people, nor to suspend 
 
APPORTIONMENT OF SENATORS AND DELEGATES 39 
 
 the writ of habeas corpus,^ except in cases of invasion 
 or rebellion, when the public safety may require 
 it. It cannot pass any bill of attainder/^ any ex post 
 facto law,^ any law to impair the obligation of con- 
 tracts, or any law to take private property for public 
 uses without just compensation. The General Assem- 
 bly cannot exercise the powers which have been ex- 
 pressly delegated to the national government, nor those 
 which the Constitution of the United States forbids a 
 state to use. Outside of these restrictions, it can pass 
 laws upon any subject in which the people may be in- 
 terested. No law can embrace more than one object, 
 and this must be expressed in its title. The General 
 Assembly does not exercise any judicial power, except 
 that if state officers commit offenses against the com- 
 monwealth, they are impeached by the House of Dele- 
 gates and are prosecuted before the Senate, which has 
 sole power to try such cases. 
 
 Apportionment of Senators and Delegates. — Delegates 
 are apportioned among the cities and counties in pro- 
 portion to the number of inhabitants. For representa- 
 tion in the Senate, the state is divided into districts, 
 each one of which elects one senator, except the district 
 composed of Richmond and the county of Henrico, 
 
 1 The words habeas corpus mean literally, " you may have the body." 
 The writ of habeas corpus is an order issued by the judge of a court, 
 directing the sheriff or other officer to bring the body of a prisoner into 
 court, so that the cause of his detention may be investigated. 
 
 2 " A bill of attainder is a legislative act, which inflicts punishment without 
 a judicial trial." 
 
 3 This is a law which renders an act punishable in a manner in which 
 it was not punishable when it was committed. The prohibition in the con- 
 stitution, against ex post facto laws, applies exclusively to criminal cases. 
 
40 THE STATE — LEGISLATIVE DEPARTMENT 
 
 which elects two. The constitution requires the House 
 of Delegates to have not less than ninety nor more 
 than one hundred members, and the Senate to have not 
 less than thirty-three nor more than forty members. 
 Both House and Senate have now the full number 
 allowed by the constitution. 
 
 Organization. — At the opening of a session of the 
 General Assembly, the two houses meet in their re- 
 spective chambers in the capitol. Then each house, 
 after the oath of office has been administered to its 
 members, proceeds to elect proper officers, to determine 
 the rights of members to their seats, and to appoint 
 standing committees. This is termed organization, and, 
 after this has been effected, the General Assembly is 
 ready for business. Each house makes its own rules of 
 procedure. These, however, are seldom changed. 
 
 Officers of the Senate. — The constitution appoints 
 the lieutenant-governor president of the Senate ; he ac- 
 cordingly presides over the meetings, though he is not 
 a member of the body, and is not entitled to a vote un- 
 less there is a tie, when he casts the deciding vote. 
 The subordinate officers elected by the Senate are, a 
 president pro tern., who presides in the absence of the 
 lieutenant governor, a clerk, a sergeant-at arms, a door- 
 keeper, and four pages. 
 
 Officers of the House. — When the House of Delegates is 
 organized, one of its members is elected to preside. He 
 is called the speaker of the House, and, like any other 
 member, is entitled to a vote on all questions. The 
 subordinate officers elected by the House are a clerk, 
 who is also keeper of the rolls, a s.ergeant-at-arms, and 
 
STANDING COMMITTEES 4 1 
 
 a doorkeeper to assist him. The House has six pages, 
 who are appointed by the speaker. None of the sub- 
 ordinate officers of the Senate or of the House are 
 members of the General Assembly. 
 
 Duties of Clerks. — The clerks of the Senate and the 
 House keep journals of the proceedings, take care of all 
 records and important papers and, in general, do all the 
 clerical work of their respective houses. The clerk of 
 the Senate is authorized to appoint two assistant clerks, 
 and five committee clerks; and the clerk of the House 
 to employ one assistant clerk, and to appoint, subject 
 to the approval of the speaker, six committee clerks. 
 The clerk of the House is keeper of the rolls of the 
 General Assembly. 
 
 Duties of the Sergeants-at-Arms. — It is the duty of 
 the sergeants-at-arms to preserve order in the halls 
 where the meetings are held, and to arrest members or 
 other persons who interrupt business by disorderly 
 conduct. They distribute among the members all 
 papers printed for their use ; have charge of all mail 
 and telegraph matter belonging to them ; and in gen- 
 eral render them such services as will contribute to 
 their comfort or facilitate the transaction of business. 
 
 Standing Committees. — The Senate has to consider 
 so many subjects that if the whole body investigated the 
 merits of each, there would not be time for it to com- 
 plete its labors; and the same is true of the House. 
 So, in order to expedite business, the members of both 
 houses are divided into committees ; ^ and each committee 
 
 1 The Senate elects its committees and they have charge of the follow- 
 ing subjects : i. Privileges and Elections ; 2. Courts of Justice ; 3. Gen- 
 
42 THE STATE — LEGISLATIVE DEPARTMENT 
 
 is put in charge of some particular subject or subjects. 
 When a measure is introduced into either house, it is 
 usually referred to the committee whose duty it is to 
 consider questions of that particular kind. This com- 
 mittee examines Ihe proposed measure in all its bear- 
 ings, and makes a report in regard to it. This greatly 
 expedites business, as each house, in legislating upon 
 any subject, is influenced largely by the advice of the 
 committee. There are so many of these committees 
 that each member is apt to be on several. 
 
 The Making of a Law. — A bill, which is a proposed 
 law, can originate in either of the two houses, but be- 
 fore becoming a law, it usually passes through the fol- 
 
 eral Laws; 4. Roads and Internal Navigation; 5. Finance and Banks; 
 6. Public Institutions and Education ; 7. County, City, and Town Or- 
 ganizations ; 8. Agriculture, Mining, and Manufacturing ; 9. Fish and 
 Game; 10. Enrolled Bills; ii. To Examine Office of Clerk of Senate; 
 12. Rules ; 13. Executive Expenditures ; 14. Library ; 15. To Examine 
 Office of Auditor of Public Accounts ; 16, To Examine Second Auditor's 
 Office ; 17. To Examine Office of Register of Land Office ; 18. To Examine 
 Treasurer's Office ; 19. To Examine Bonds of Public Officers ; 20. Printing. 
 The House committees* are appointed by the Speaker, who in doing 
 this wields great power, as he appoints those whose approval generally in- 
 sures the passage of a bill, and whose disapproval usually defeats it. As 
 the House is so much larger than the Senate, it must to a greater extent 
 than the Senate follow the recommendations of its committees. The 
 House committees are as follows : i. Privileges and Election ; 2. Courts 
 of Justice ; 3. Schools and Colleges ; 4. Propositions and Grievances ; 5. 
 Roads and Internal Navigation ; 6. Finance ; 7. Claims ; 8. Militia and 
 Police; 9. Asylums and Prisons; 10. Labor and the Poor; ii. Public 
 Property; 12. Banks, Currency, and Commerce ; 13. Agriculture and Min- 
 ing ; 14. Manufacturing and Mechanic Arts ; 15. Counties, Cities, and 
 Towns; 16. Officers and Offices at the Capitol; 17. Executive Expendi- 
 tures ; 18. Retrenchment and Economy ; 19. Federal Relations and Reso- 
 lutions ; 20. Enrolled Bills ; 21. Immigration ; 22. Chesapeake and its 
 Tributaries ; 23. House Expenses ; 24. Rules ; 25. Library ; 26. Printing. 
 
QUESTIONS 43 
 
 lowing steps : It must be introduced by a member and re- 
 ferred to a committee, or else introduced by a committee. 
 In either case, it must be read three times in the house in 
 which it originates on three separate days, unless it is 
 passed under a suspension of the rules. The first reading 
 is for information, but on the second reading the bill is 
 open to amendments. After the second reading it is or- 
 dered to be engrossed, that is, written out by the clerk. 
 Then it is read for a third time and a vote is taken. If 
 a majority vote in its favor, the bill passes and is sent 
 by the sergeant-at-arms to the other house where similar 
 forms of action are taken. If the bill passes both houses, 
 it is enrolled, and then signed by the presiding officers 
 and sent to the governor. If approved by him, it be- 
 comes a law. But if vetoed by him, it does not become 
 a law, unless both houses, on reconsidering the bill, give 
 it a two-thirds vote, when it becomes a law in spite of 
 the governor's veto. If the governor does not return 
 the bill within five days after it has been received, 
 Sundays excepted, it becomes a law without his signa- 
 ture. It should be stated that appropriation bills must 
 have a two-thirds, vote, and that, at each session of the 
 General Assembly, a large number of laws are passed 
 under a suspension of the rules. 
 
 QUESTIONS 
 
 1. Into what two bodies is the General Assembly divided? 
 
 2. How are senators and delegates elected, and what is their term 
 
 of office ? 
 
 3. Give the qualifications of a member of the General Assembly. 
 
 4. When is the General Assembly required to meet, and how long 
 
 does it remain in session ? 
 
 5. What is the rule with regard to adjournment? 
 
44 THE STATE — LEGISLATIVE DEPARTMENT 
 
 6. When is the governor required to call an extra session ? 
 
 7. Where is the state capitol, and what is said of it ? 
 
 8. By whom was Richmond founded, and what of its history ? 
 
 9. Mention some of the privileges of a member of the General 
 
 Assembly. 
 
 10. What salary does each member receive for a regular session ? 
 
 For an extra session? 
 
 11. What constitutes the statute law? 
 
 12. Mention some of the affairs it regulates. 
 
 13. What other provisions and laws does the state make for the 
 
 welfare of its people ? 
 
 14. What idea is conveyed by the term House of Delegates? 
 
 15. What restrictions are put upon the General Assembly by the 
 
 state constitution ? 
 
 16. What by the United States Constitution? 
 
 17. In what case can the Assembly exercise judicial power? 
 
 18. How is the number of senators and delegates decided? 
 
 19. How many members is each house required to have? 
 
 20. Outline the proceedings for organizing each house. 
 
 21. How is the lieutenant governor elected, and what connection 
 
 has he with the Senate? 
 
 22. What other officers are elected by the Senate ? 
 
 23. Who is the first officer elected by the House of Delegates, and 
 
 what authority has he? 
 
 24. What other officers does the House elect? Do they become 
 
 members ? 
 
 25. What are the duties of the clerks of the two houses? 
 
 26. Give the duties of the sergeants-at-arms. 
 
 27. Why is it necessary to have standing committees, and how do 
 
 they shorten -and simphfy the work of the General Assembly? 
 
 28. Mention some of the Senate committees. 
 
 29. Some of the House committees. 
 
 30. State the process by which a bill becomes a law. 
 
 31. What connection has the governor with it? 
 
 32. How are many bills passed in the General Assembly? 
 
CHAPTER V 
 
 THE STATE — EXECUTIVE DEPARTMENT 
 
 Preparatory Work. — Who is the present governor of the state? 
 Why is a governor needed, and how does he differ from a king? 
 Who is the lieutenant governor? Who is the attorney general ? 
 What use does the state, have for militia? 
 
 Executive Officers. — The executive power of Vir- 
 ginia is, by the constitution, vested mainly in a governor, 
 lieutenant governor, secretary of the commonwealth, 
 treasurer, and auditor. The governor and lieutenant 
 governor are elected by the people, when they choose 
 members of the General Assembly. They begin their 
 duties on the first day of January after their election, 
 and serve for a term of four years. The secretary of the 
 commonwealth, the treasurer, and the auditor are elected 
 by the joint vote of the two houses of the General 
 Assembly. They begin their duties on the second day 
 of January after their election, and continue in office for 
 two years. In addition to the above officers, the Gen- 
 eral Assembly has established various boards, and 
 created a number of other officers to facilitate the carry- 
 ing on of the executive department of the state. 
 
 The Governor. — The governor has many powers to 
 exercise and duties to discharge ; but the most impor- 
 tant can be classified under the following heads : — 
 
 I. He gives to the General Assembly by message at 
 
 45 
 
46 THE STATE — EXECUTIVE DEPARTMENT 
 
 every session information in regard to the condition of 
 the commonwealth, and recommends for its considera- 
 tion such measures as he deems expedient for the pub- 
 lic good. The information furnished to him by the 
 heads of the various departments of the state in regard 
 to agriculture, fisheries, railroads, asylums, educational 
 institutions, the poor, the penitentiary, the military, etc., 
 enables him to look after the interests of the state with 
 a thousand eyes, and from these sources his message 
 ought to be made up. It is his duty to call the 
 General Assembly together in extra session, when any 
 important matter arises, which in his opinion demands 
 immediate attention, or when two thirds of the mem- 
 bers of both houses make application to him to call a 
 meeting. 
 
 2. He is commander in chief of the land and naval 
 forces of the state, and can call out the militia to repel 
 invasion, to suppress insurrection, and to enforce the 
 execution of the laws. 
 
 3. He has the power to grant reprieves and pardons, 
 except in cases of impeachment, and to commute sen- 
 tences of capital punishment. In thus exercising the 
 clemency of the state, he must act under a sense of his 
 responsibility to public opinion and to the laws ; and 
 he is required to render to the General Assembly a 
 statement of his action in regard to each case. He 
 cannot pardon before conviction, nor can he remit 
 fines, with one or two exceptions. 
 
 4. He is charged with seeing that the laws are faith- 
 fully executed. No bill can become a law without his 
 signature, unless it is passed over his veto, or is made a 
 
SECRETARY OF THE COMMONWEALTH 47 
 
 law because he does not return it, within the time 
 allowed, to the house in which it originated. 
 
 5. He may require information in writing from the 
 officers in the executive department upon any subject 
 relating to the duties of their respective offices. He 
 also has the power to appoint officers for many of the 
 executive departments established by the General As- 
 sembly and boards for the educational and charitable 
 institutions of the state. 
 
 No one is eligible to the office of governor unless he 
 is a citizen of the United States. Before a person of 
 foreign birth can be eligible, he must have been a 
 citizen of the United States for ten years immediately 
 preceding the election. In addition to these acquire- 
 ments, a candidate, to be eligible, must be thirty years 
 old and, for three years immediately preceding his elec- 
 tion, must have been a resident of Virginia. The 
 governor receives a salary of five thousand dollars per 
 annum. He is authorized to employ a secretary at a 
 salary not exceeding twelve hundred dollars per year. 
 
 The Lieutenant Governor. — This officer is elected at 
 the same time and for the same term as the governor ; 
 and he must have like qualifications. He is president 
 of the Senate, and if the governorship becomes vacant 
 for any reason, he fills the office for the remainder of 
 the term. 
 
 Secretary of the Commonwealth. — The secretary is 
 the keeper of the seals of the commonwealth, and he 
 is charged with the clerical duties of the Executive De- 
 partment. He attests the official acts of the governor, 
 records them, and lays them, with all other papers in 
 
48 THE STATE — EXECUTIVE DEPARTMENT 
 
 his office, before either house of the General Assembly 
 whenever he is required to do so. In general, it is his 
 duty to preserve all papers connected with the Execu- 
 tive Department, and to render to the governor such 
 services as he needs in transacting executive business. 
 He records in his office the charters of all companies 
 incorporated by the courts of the state. The law re- 
 quires this to be done before such companies can exer- 
 cise the rights that have been granted to them. The 
 secretary is also general librarian, and distributes copies 
 of the code of Virginia and of the Acts of the General 
 Assembly to the officers entitled to them. He has like- 
 wise important duties to discharge in connection with 
 elections, which will be mentioned in the chapter on 
 elections. He gives an official bond for ten thousand 
 dollars and receives a salary of two thousand dollars 
 per annum. He is authorized to employ clerks to assist 
 him in his work. In addition to the oath of office, he 
 takes an oath to keep secret the affairs of state. 
 
 The Auditor of Public Accounts. — The auditor is the 
 state accountant, and he has a wide circle of important 
 duties. County and city treasurers, clerks of courts, and 
 other officers account to him for taxes collected by them, 
 making payment thereof into the treasury through his 
 office. He also collects a large part of the state's 
 revenues, including taxes on railroad companies, insur- 
 ance companies, banks, telegraph and express com- 
 panies. He audits all claims against the state, except 
 claims for interest upon the state's obligations, and 
 issues warrants upon the treasurer for those which he 
 allows. The auditor makes an annual report to the 
 
THE SECOND AUDITOR 49 
 
 superintendent of public instruction of the amount that 
 can be applied for school purposes. He also reports to 
 the governor quarterly, makes special reports when 
 asked to do so, and an annual report containing de- 
 tailed information in regard to the financial affairs of 
 the commonwealth, with an estimate of the revenue 
 and expenditures for the succeeding year. The audi- 
 tor receives a salary of two thousand seven hundred 
 and fifty dollars per annum, and gives bond for the sum 
 of thirty thousand dollars. He is authorized to employ 
 a number of clerks to aid him in his work. 
 
 The Second Auditor. — There is also a second auditor, 
 who is elected by the joint vote of the General Assem- 
 bly at the same time and for the same term as the 
 auditor of public accounts. He keeps account of all 
 funds paid into the treasury that go to the credit of the 
 Board of Education, the Board of Public Works, or any 
 corporation composed of officers of the government, the 
 property of which belongs to the state. When claims 
 are brought against any of the above corporations, he 
 issues warrants on the treasurer for the payment of such 
 of them as are allowed. He is the accountant of all 
 money paid into the treasury belonging to the sink- 
 ing fund, and issues warrants for its disbursement. He 
 keeps all accounts connected with the state debt, and 
 issues warrants on the treasurer for the payment of in- 
 terest on it. He keeps account of the interest due to in- 
 stitutions of learning, holding state securities, and draws 
 upon the treasurer for its payment to the proper authori- 
 ties. He receives also reports of the boards of trustees 
 and visitors of state institutions of learning, including 
 
 CIV. gov't of VA. — 4 
 
50 THE STATE — EXECUTIVE DEPARTMENT 
 
 the report of the Miller Manual Labor School. The 
 second auditor is aided in his work by clerks. 
 
 The State Treasurer. — The treasurer does not receive 
 the state's money directly, but it is paid into some 
 designated bank for the state by officers authorized 
 to collect it. The treasurer pays it out, however, but 
 only upon warrants issued by either the auditor or 
 second auditor. From the foregoing, it is seen that 
 neither the auditor of public accounts, nor the second; 
 auditor, nor the state treasurer, can, by his single act, 
 get possession of money that has been paid into the 
 state treasury. This arrangement is one of the checks 
 of the government upon those who have charge of 
 and keep account of the state's money. The treasurer 
 makes a quarterly report to the governor, special 
 reports when requested to make them, and in addition 
 an annual report showing the condition of the treasury. 
 He receives a salary of fifteen hundred dollars and is 
 assisted by several clerks. 
 
 The Attorney General. — At the same time that a 
 governor is elected, the people elect aa attorney general, 
 who is the legal advisor of the governor, of the Board 
 of Public Works, and of the officers that are at the seat 
 of government. He is counsel for the state in all cases 
 that come before the Supreme Court of Appeals, the 
 Supreme Court of the United States, the District and 
 Circuit Courts of the United States for the state of Vir- 
 ginia, and the Circuit Court of Richmond. He receives a 
 salary of twenty-five hundred dollars per annum and ten 
 cents for every mile of necessary travel on business for 
 the state. 
 
or rnit 
 
 THE BOARD OF PUBLIC WORKS 
 
 The Commissioner of Agriculture. — The commissioner 
 of agriculture is appointed by the governor with the 
 advice and consent of the Senate, and he serves for a 
 term of two years. He has charge of the Department 
 of Agriculture. His special work is to encourage the 
 development of agriculture and the raising of cattle and 
 sheep ; to investigate the causes of the diseases of grain, 
 fruit, and other crops, and to suggest remedies ; to col- 
 lect information in regard to the mining and manufactur- 
 ing interests of the state, with a view to fostering them ; 
 and to give the people the results of his investigations 
 in regard to all these matters. He also has supervision 
 of the fertilizers that are offered for sale in the state. 
 He has the different kinds analyzed, and forbids the 
 sale of any that are found to be of no practical value. 
 He is authorized to employ a clerk, a chemist, and a 
 geologist to aid him in carrying on his work. The com- 
 missioner receives a salary of twelve hundred dollars, 
 and makes an annual report to the governor. 
 
 The Board of Public Works. — The constitution pro- 
 vides for a Board of Public Works to consist of the 
 governor, the auditor of public accounts, and the state 
 treasurer, which is required to act under regulations pre- 
 scribed by the General Assembly. This board takes 
 care of the fund for internal improvements, and disburses 
 it from time to time as the General Assembly directs. 
 It also exercises a general supervision over companies 
 chartered to carry on works of internal improvement ; 
 keeps a register of all state property ; prescribes tolls 
 for any canal navigation or bridge company whose 
 charter does not fix them ; assesses the value of all rail- 
 
52 THE STATE — EXECUTIVE DEPARTMENT 
 
 road and canal property in the state for taxation, and 
 makes agreements with the state depositories in regard 
 to the rate of interest to be allowed the state for money 
 kept on deposit. 
 
 The Militia. — All able-bodied men between the ages 
 of eighteen and forty-five years, except such as are 
 exempt by the law, are subject to military service, and 
 constitute the reserve militia, but are not required to 
 muster in time of peace. The active militia is formed 
 of the Virginia volunteers. These consist in time of 
 peace of not more than sixty companies of infantry, 
 eight battalions of artillery and ten troops of cavalry. 
 The volunteers are first ordered to take the field when 
 any emergency arises. The governor as commander in 
 chief of the militia commissions the officers. The adju- 
 tant general is chief of the governor's staff, and is his 
 military executive officer. 
 
 Other Executive Departments and Officers. — The ex- 
 ecutive officers of the state are assisted in carrying on 
 the government by various administrative officers, com- 
 missioners, and boards, which the General Assembly has 
 from time to time created. The following list includes 
 the most important of these : — 
 
 (i) Superintendent of Public Printing. — Elected 
 by the General Assembly. Term of office, two 
 years. 
 
 (2) Superintendent of the Penitentiary. — Elected by 
 the General Assembly. Term of office, two years. 
 
 (3) State Assayer aiid Chemist. — Appointed by the 
 governor. Term of office, not limited. 
 
 (4) Commissioners of the Sinking Fund. — These are 
 
OTHER EXECUTIVE DEPARTMENTS 53 
 
 the treasurer, the auditor of public accounts, and the 
 second auditor. 
 
 (5) Railroad Commissioner. — Elected by the General 
 Assembly. Term of office, two years. 
 
 (6) Tobacco Samplers. — Two for each public ware- 
 house. Appointed by the governor with the concur- 
 rence of the Senate. Term of office, two years. 
 
 (7) Inspectors of Oysters. — Appointed by the county 
 courts in the counties where oysters are caught or 
 planted, as many for each county as the court deems 
 necessary. 
 
 (8) Inspectors of Cattle. — Eight of these are ap- 
 pointed by the governor, one to live during his term 
 of office at the town of Goodson, one at Patrick C. H., 
 one at Danville, one at Norfolk or Portsmouth, one at 
 Boykin Depot, one at Hicksford, one at Covington, and 
 one at Cumberland Gap. Term of office, two years. 
 
 (9) Inspectors of Variojis Articles. -:-The governor 
 has authority to appoint annually in counties, cities, and 
 towns where such officers are needed, inspectors of 
 flour, corn, meal, bread, salt, fish, pork, beef, pitch, tur- 
 pentine, lumber, hemp, butter, and lard. 
 
 (10) Weighmaster of Live Stock at Richmond. — Ap- 
 pointed annually by the governor. 
 
 (11) State Board of Health. — Seven members. Ap- 
 pointed by the governor. Term of office, four years. 
 
 (12) Board of Pharmacy. — Five members. Ap- 
 pointed by the governor. Examines persons who wish 
 to retail, compound, or dispense medicines or poisons, 
 and issues certificates to such as are found to be com- 
 petent. Term of office, five years. 
 
54 THE STATE— EXECUTIVE DEPARTMENT 
 
 (13) Board of Dental Examiners. — Six members. 
 Appointed by the governor. Examines persons who 
 wish to practice dentistry, and issues certificates to 
 such as are found to be competent. Each member 
 serves three years, but all do not go out of office at the 
 same time. 
 
 (14) Board of Medical Examiners. — Composed of 
 three members from each congressional district, two 
 from the state at large, and five homeopathic physicians 
 from the state at large. Term of office, four years. 
 Examines persons who wish to practice medicine and 
 surgery, and issues certificates to such as are found to 
 be competent. 
 
 (15) State Board of Agriculture, — Ten members, 
 one from each congressional district. Appointed by 
 the governor. Term of office, four years. This board 
 has control of the Department of Agriculture. 
 
 (16) The Board on the Chesapeake and its Tributa- 
 ries. — Composed of the governor, auditor of public 
 accounts, and treasurer. 
 
 (17) Commissioner of Fisheries. — Appointed by the 
 governor. Term of office, two years. 
 
 (18) Prisofi Association. ^- IncorporaX^d by the Gen- 
 eral Assembly for the purpose of improving the govern- 
 ment, discipline, and general management of prisons 
 within the state ; to better the condition of prisoners ; 
 and to encourage and aid discharged convicts who 
 show a desire to reform. 
 
QUESTIONS 55 
 
 QUESTIONS 
 
 1. What officers form the main executive power of the state? 
 
 2. By whom are the governor and lieutenant governor elected, 
 
 and what is their term of office ? 
 
 3. How are the other state officers elected, when do they begin 
 
 their duties, and what is their term of office ? 
 
 4. Mention some of the powers exercised by the governor, and 
 
 some of the duties which he discharges. 
 
 5. What qualifications must a man have in order to be a candidate 
 
 for governor? 
 
 6. What are the qualifications and duties of the lieutenant gov- 
 
 ernor? 
 
 7. What are the chief duties of the secretary of the common- 
 
 wealth ? 
 
 8. The auditor of pubhc accounts? 
 
 9. The second auditor? 
 ID. The state treasurer? 
 
 1 1 . The commissioner of agriculture ? 
 
 12. What is the Board of Public Works, and what are its duties? 
 
 13. What men are subject to military service? 
 
 14. Of what does the active militia consist? 
 
 15. Who are first ordered out in time of war, and who is the com- 
 
 mander? 
 
 16. Mention some of the other executive officers. 
 
 17. How are they elected, and what is their term of office? 
 
CHAPTER VI 
 
 THE STATE — JUDICIAL DEPARTMENT 
 
 Preparatory Work. — Have you ever seen a court in session? 
 Who acted as judge? What courts meet in your town, city, or 
 county? Give the name of a judge who presides over one of 
 these courts? What cases are tried by a justice of the peace? 
 
 A Judicial Power Necessary. — In the various deal- 
 ings which men have with one another differences are 
 continually arising, and wrong deeds are frequently 
 done. For this reason, any complete form of govern- 
 ment must have some power to decide disputes, to 
 award justice, and to punish crime. These objects are 
 effected by what is called the judicial power, which, if 
 properly exercised, insures to the citizen protection and 
 security in the enjoyment of his rights. 
 
 The Courts. — The judicial power is vested in the 
 courts, which may be defined as organized bodies to 
 which are committed the interpretation of the laws and 
 the administration of justice, as applied to each particu- 
 lar case coming before them. A court may consist of 
 one judge, of a judge and a jury, or of several judges; 
 but, in transacting its business, it is assisted by attor- 
 neys, clerks, sheriffs, and constables. The courts of 
 Virginia are divided into four grades, the justice's 
 court, the county court for counties and the corpora- 
 tion or hustings court for cities, the circuit court, and 
 the supreme court of appeals. 
 
 56 
 
JURISDICTION 57 
 
 A Case at Law. — Any case that comes before a court 
 for hearing and decision is called an action at law or a 
 suit in chancery. Cases are called either civil or crim- 
 inal, according to their nature, civil cases being those 
 that take place between private persons on account of 
 debt, the violation of a contract, or because of some 
 injury to person or property, while criminal cases are 
 those in which the state seeks to punish persons who 
 commit crimes. Civil cases are of many kinds, but 
 crimes are either misdemeanors, that is, offenses pun- 
 ishable by fine, by imprisonment in jail, or by both, or 
 they are felonies, that is, offenses punishable by im- 
 prisonment in the state penitentiary or by death. In 
 civil cases, the party who brings the suit is called the 
 plaintiff, and the party against whom the suit is brought 
 is called the defendant. In criminal cases, the state is 
 the plaintiff, the act being an offense against the state, 
 and the accused is called the defendant or the prisoner. 
 
 Jurisdiction. — Each court has power to pronounce 
 the law in certain specified classes of cases, and in cer- 
 tain territorial limits, and these constitute what is known 
 as its jurisdiction 1 or right to decide. The law pre- 
 scribes the limits within which each court may act. A 
 brief explanation will make this plain. 
 
 1 A court has original jurisdiction when a case may be commenced in 
 it, and appellate jurisdiction when it has a right to hear a case on appeal 
 from a lower court. Two courts have concurrent jurisdiction in cases where 
 either court may try them. In suits between citizens of different states, in 
 such as involve points of United States law, and in those to which foreign 
 ambassadors are parties, the cause can be brought in the United States 
 courts or the defendant can elect to remove it to one of these courts. Ex- 
 cept in cases like these, the Virginia courts form a complete system 
 adequate for the trial of all causes. 
 
58 THE STATE — JUDICIAL DEPARTMENT 
 
 1. Jurisdiction depends upon the nature of the ques- 
 tion to be decided. For example, one court has the 
 right to try cases of misdemeanor, a second to try cases 
 of felony, and a third to try civil cases involving five 
 hundred dollars or more. 
 
 2. Jurisdiction depends also upon locality. Except 
 in the case of the court of appeals, the jurisdiction of 
 each court is confined, with few exceptions, to the limits 
 of the county or city for which the court is appointed, 
 for it is a maxim of EngUsh law that justice must be 
 brought to every man's door. Even the judge of a 
 circuit embracing several counties, cannot ordinarily- 
 hear a cause in any county of his circuit except the 
 one in which it arises. 
 
 3. Jurisdiction depends likewise upon the process. 
 Process here means notice. A principle which gov- 
 erns all criminal and civil procedure is that no one 
 can be deprived of his life, liberty, or property without 
 due process^ of law. Accordingly, no court has the right 
 to decide any matter unless the parties interested have 
 had an opportunity to be heard. The jurisdiction of 
 each court will now be defined. 
 
 The Justice's Court. — The office of justice of the 
 peace is of great antiquity, having originated in Eng- 
 land in the reign of Edward III. In addition to being 
 a conservator of the peace, the justice holds the court 
 of lowest grade in the state. He has power to try all 
 persons who are charged with committing offenses 
 
 1 " Due process "• is a method of procedure " which, following the 
 forms of law, is appropriate to the case, and just to the parties to be 
 affected," 
 
THE COUNTY COURT 59 
 
 classed as misdemeanors, and also to try civil cases ^ in- 
 volving as large an amount as one hundred dollars, 
 exclusive of interest. But, in civil cases it is provided 
 by law that when the amount or thing in controversy 
 exceeds twenty dollars, the defendant can at any time 
 before the trial have the case removed to the county 
 court. This provision is made because there is no jury 
 in the justice's court, and the Constitution of the United 
 States guarantees the right of trial by jury when the 
 amount in controversy is greater than twenty dollars. 
 
 It is the duty of a justice to issue a warrant for the 
 arrest of any one who has committed felony, and, after 
 holding a preliminary examination, to have the accused 
 person put into prison till he can be indicted by the 
 grand jury and brought to trial in the county or corpo- 
 ration court. If a person is charged with felony, and 
 the justice finds on examination that there is but a light 
 suspicion of guilt, he can release the accused on bail till 
 he can be brought to trial. 
 
 The County Court. — The county court, which meets 
 every month, has power to try all persons who are 
 charged with offenses sufficiently grave to be classed 
 as felony. It has jurisdiction also over the probating of 
 wills and the appointment of executors, administrators, 
 
 1 If, however, the claim is to a fine, the justice cannot try the case if it 
 involves more than twenty dollars. It is further provided by law that, if 
 a justice has given judgment in a case which involves the constitutionahty 
 or validity of an ordinance or of a by-law of a corporation, or where the 
 matter in controversy is, exclusive of interest, of greater value than ten 
 dollars, the defendant can within ten days take an appeal to the county 
 court. If he does this, however, he must give security for the payment of 
 the judgment, if it should be confirmed, and of all costs and damages. 
 
6o THE STATE — JUDICIAL DEPARTMENT 
 
 guardians, etc. It decides likewise all questions that 
 come before the board of supervisors, upon which there 
 is a tie vote, and it hears appeals ^ from decisions of 
 this board. Actions against persons who have unlaw- 
 fully held, for not over three years, possession of real 
 estate belonging to others, can be brought in the county 
 court. It hears appeals in civil cases involving over ten 
 dollars and in misdemeanor cases from the courts of 
 justices and from those of mayors of towns. These 
 cases, however, cannot be commenced in the county 
 court. 
 
 The Circuit Court. — Virginia is divided into seven- 
 teen judicial circuits, for each one of which the General 
 Assembly, by a joint vote, elects a judge who holds at 
 least twice a year, in each county and corporation em- 
 braced in his circuit, a court called a circuit court. The 
 circuit court judges are elected for a term of eight years, 
 and their salaries vary from sixteen hundred to twenty- 
 three hundred dollars per annum. The circuit court is 
 the main civil and chancery court ^ of the state. All 
 
 1 Appeals, however, taken from decisions of the board of supervisors 
 rendered on orders from the county court, or upon decisions that involve 
 the constitutionality of a law or validity of an ordinance or by-law of a 
 corporation, are heard by the circuit court and not by the county court. 
 It should also be noted that no appeal can be taken to the county court 
 from a decision of the board of supervisors unless the claim is to an 
 amount larger than ten dollars ; and the decision of the county court is 
 final upon any claim that does not exceed twenty dollars. 
 
 2 A chancery court is one possessing power to grant the kind of relief 
 demanded in any case by natural justice between man and man. It can 
 for example compel a man to perform a contract instead of paying dam- 
 ages for not doing as he promised. So, also, it can restrain a man from 
 doing an unlawful act, grant relief against fraud, etc. The circuit court is 
 a court of both law and equity and administers both. 
 
THE SUPREME COURT OF APPEALS 6l 
 
 civil cases involving one hundred dollars or more must 
 be commenced in this court, and civil cases involving 
 from twenty dollars to one hundred dollars can be 
 begun in it as well as in the justice's court. The circuit 
 court has power to try all chancery cases, and it has 
 jurisdiction over the proving of wills, the appointment 
 of executors, administrators, guardians, etc., equally with 
 the county court. Actions, involving tit/e to real estate 
 or right of possession withheld for more than three 
 years, are brought in the circuit court. Appeals ^ taken 
 from cases that originate in the county court are heard 
 by the circuit court. 
 
 The Supreme Court of Appeals. — This court is com- 
 posed of five judges, distinguished for ability and knowl- 
 edge, who are elected for a term of twelve years by the 
 joint vote of the two houses of the General Assembly. 
 The judges appoint one of their number president of 
 the court, and select another one who is required by 
 law to reside at the seat of government. Any three 
 of the judges may hold a court. The president receives 
 a salary of thirty-two hundred dollars per annum, the 
 judge who resides at the seat of government four thou- 
 sand dollars, and the other judges each three thousand 
 dollars. The great business of this court ^ is to hear 
 
 1 The circuit court hears also appeals taken from decisions of the board 
 of supervisors, which are based upon orders given by the county court or 
 which involve the constitutionality of a law or validity of an ordinance or 
 by-law of a corporation. 
 
 2 The supreme court of appeals has appellate jurisdiction only, except 
 in cases of habeas corpus, mandamus, and prohibition. It does not have 
 jurisdiction in civil cases where the matter in controversy, exclusive of 
 costs, is less in value or amount than five hundred dollars, except in con- 
 troversies concerning the title or boundaries of land, the probate of a will, 
 
62 THE STATE — JUDICIAL DEPARTMENT 
 
 appeals from the lower courts. It possesses the high- 
 est judicial power, and it is the court of last resort, in 
 the state, to which appeals can be carried. 
 
 City Courts. — The General Assembly has created, in 
 addition to the courts that form the regular state sys- 
 tem, for each city a corporation court, which exercises 
 the powers belonging to a county and a circuit court 
 combined. For Richmond, there is a special system of 
 courts, which embraces a circuit, a chancery, a hustings, 
 and a law and equity court. 
 
 QUESTIONS 
 
 1. Why is it necessary that government should have a judicial 
 
 department ? 
 
 2. What are courts, and of what do they consist? 
 
 3. Into what four grades are the courts of Virginia divided? 
 
 4. What is the term applied to any case at law? 
 
 5. What is the difference between a civil case and a criminal case? 
 
 6. What is the difference between a misdemeanor and a felony? 
 
 7. Who is the plaintiff, and who is the defendant in a civil case? 
 
 8. In a criminal case? 
 
 9. What is meant by the jurisdiction of a court ? 
 
 10. What three limitations are placed upon jurisdiction? 
 
 1 1 . What is the difference between original jurisdiction and appel- 
 
 late jurisdiction? When do courts have concurrent juris- 
 diction? 
 
 12. Where did the office of justice of the peace originate? 
 
 13. What criminal cases can the justice try? 
 
 the appointment or qualification of a personal representative, guardian, 
 committee, or curator; or concerning a mill, roadway, ferry, or landing; 
 or the right of a corporation or of a county to levy tolls or taxes : and 
 except in cases of habeas corpus, mandamus, and prohibition, or concern- 
 ing the constitutionality of a law. The assent of a majority of the judges 
 elected to the court is required, in order to declare any law null and void 
 by reason of its repugnance to the federal Constitution or to the constitu- 
 tion of the state. 
 
QUESTIONS 63 
 
 14. What civil cases ? 
 
 15. What is the duty of the justice in regard to persons who 
 
 commit felony? 
 
 16. How often does the county court meet, and what criminal cases 
 
 can it try? 
 
 17. Over what other cases does it have jurisdiction? 
 
 18. What appeals does the county court hear? 
 
 19. What is a circuit court? 
 
 20. What is a chancery court? 
 
 21. What civil cases tnust be commenced in the circuit court, and 
 
 what cases 7nay be there commenced? 
 
 22. Over what cases has the circuit court jurisdiction equally with 
 
 the county court? 
 
 23. What appeals does the circuit court hear? 
 
 24. How many judges compose the supreme court of appeals, for 
 
 what are they distinguished, and how long do they serve? 
 
 25. How is the president of this court appointed, and what are the 
 
 salaries received? 
 
 26. What is the chief duty of the supreme court of appeals ? 
 
 27. What is said of the jurisdiction of the supreme court of appeals? 
 
 28. What are the powers of the corporation courts? 
 
 29. What courts have been estabUshed for Richmond? 
 
CHAPTER VII 
 
 LEGAL PROCEEDINGS 
 
 Duty of a Court. — A court when called on to exercise 
 its judicial functions has a twofold duty to discharge, — 
 to find out what the law is and what the truth is. It 
 falls to the judge (or judges, if the court has more than 
 one) to determine what the law is, and in some cases to 
 decide also what the evidence proves in regard to the 
 facts ; but in many cases the evidence is submitted to 
 a number of men called jurors, who are sworn to deliver 
 the truth as proved by the evidence bearing upon the 
 case. 
 
 Juries. — The word jtiror means one who has sworn. 
 The grand jury is a body of citizens, sworn to present 
 or charge persons who are known, or who can be 
 proved, to have committed crimes, and to bring them 
 to trial. The accusation made against a person who 
 commits a crime is called an indictment. A petit jury 
 in a criminal case is a body of citizens sworn to try the 
 accusation which the grand jury has brought. The 
 grand jury has nothing to do with civil cases. A petit 
 jury in a civil case is sworn to decide the issue truly. 
 
 How Grand Juries are obtained. — There is a regu- 
 lar grand jury every year at two terms of each county, 
 corporation, and hustings court. A grand jury is ob- 
 tained in the following manner : The judge of each of 
 
 64 
 
TRIAL JURIES 65 
 
 the courts named above, every year, in the month 
 of August, makes out a list of forty-eight citizens, 
 in every way qualified to act as grand jurors, apportion- 
 ing them as far as possible among the magisterial dis- 
 tricts of the counties and wards of the cities, and has 
 them summoned to serve on the grand jury. No one 
 of the forty-eight persons is required to serve as a grand 
 juror more than once, till all the others have been sum- 
 moned once; nor must he serve more than twice, till all 
 the others have been summoned twice. Special grand 
 juries can be ordered by the judge of the court when he 
 deems it necessary. A regular grand jury consists of 
 not less than nine nor more than twelve jurors; and a 
 special grand jury of not less than six nor more than 
 nine. At least seven jurors of a regular grand jury and 
 five of a special grand jury must concur in making an 
 indictment or presentment. 
 
 Trial Juries for Civil and Misdemeanor Cases. — Juries 
 to decide disputed facts in any case are called trial or 
 petit juries. For the trial of civil and misdemeanor 
 cases, such juries are obtained as follows : Every year 
 the judge of each county and corporation court at the 
 May or June term makes out a list of persons well 
 qualified to serve as jurors, numbering from one hun- 
 dred to three hundred, according to the population of 
 the county or corporation. These names are put in 
 a box, each written on a separate ballot. Then at 
 least ten days before the term of any court when a jury 
 will be needed, the clerk selects by lot from the box the 
 names of twelve persons, and has them summoned to 
 serve as jurors. If any person who has been selected 
 CIV. gov't of va. — 5 
 
66 LEGAL PROCEEDINGS 
 
 fails to attend by reason of sickness, absence from 
 home, or other cause, or if he cannot serve on account 
 of objections made to him, another juror is selected by- 
 lot to take his place. No person who has served as a 
 juror is called on to serve again during the same year 
 till all the persons whose names are in the box have 
 been drawn to serve. 
 
 In a civil suit, if both parties are willing, the jury may 
 consist of seven instead of twelve, and trial by jury may 
 be waived altogether with the consent of the parties. 
 Also in misdemeanor cases, the accused person can 
 waive trial by jury. If a jury is waived, the whole mat- 
 ter of law and of fact is heard and determined by the 
 court, which then renders judgment. 
 
 Trial Juries for Felony Cases. — In a felony case, a 
 jury is obtained in the following manner: The judge 
 of the county or corporation court where the trial is to 
 take place makes out a list of persons residing in the 
 county or corporation, and from this list sixteen persons, 
 living remote from the place where the crime was com- 
 mitted, and qualified in other respects to serve as jurors, 
 are summoned to attend court. The commonwealth is 
 not allowed to challenge a juror except for cause, but if 
 objection is made to a juror and it is sustained by the 
 court, another juror is put in his place. After sixteen 
 persons, free from objection, have been obtained, the 
 accused person is allowed to strike off four, and the 
 remaining twelve constitute the jury to try the case. If 
 the accused strikes off less than four, or if he declines 
 to strike off any, twelve are selected by lot. 
 
PROCEEDINGS IN CIVIL CASES 6/ 
 
 I. Proceedings in Civil Cases 
 
 Ordinary Civil Cases* — Trials between individuals 
 may take place for the purpose of establishing a right 
 depending on one or more simple facts. For example, 
 the object may be to determine whether a debt is due, 
 whether damage has been sustained, or whether one 
 man unlawfully holds possession of houses, lands, or 
 some other property belonging to another. Such cases 
 as these give rise to ordinary civil suits, or to what are 
 known as common law^ actions. 
 
 First Proceedings in Ordinary Civil Cases. — The case 
 is begun by the plaintiff, who files with the clerk of the 
 circuit court a memorandum giving the names of the 
 plaintiff and the defendant and explaining the character 
 of the suit. Thereupon the clerk has the defendant 
 summoned to appear at a certain day, known as a " rule 
 day," to make answer to a written statement, called a 
 declaration, which the plaintiff is required by law to file 
 to explain the cause of his suit. The plaintiff must file 
 the declaration within a month after the defendant has 
 been summoned. After this has been done, the defend- 
 ant must file a plea either at rule day or at the term of 
 the court following, if he wishes to protect his interests.^ 
 
 1 The common law consists of rules of action which long usage and cus- 
 tom have rendered binding, and for this reason it is said to be " founded 
 in reason and in the principles of justice." It is frequently called the un- 
 written law, while the statutes passed by legislatures are called the written 
 law. The common law of Virginia, and indeed of all the states except 
 Louisiana, is based upon the common law of England, which the first set- 
 tlers brought with them to America. 
 
 2 Another Method of Preliminary Procedure. — By a recent statute, 
 instead of following the method above indicated, any one may proceed in 
 
68 LEGAL PROCEEDINGS 
 
 The Trial. — The declaration and the plea having 
 been filed, the trial usually takes place at some future 
 day of the court. The judge presides ; and unless both 
 parties are willing to submit all questions to the court, 
 a jury is secured to try the case. The council for the 
 plaintiff tells briefly what the case is about, and what 
 he expects to prove. The counsel for the defendant 
 follows with a statement in behalf of his client. After 
 this the witnesses are examined and cross-examined; 
 and then usually the jury is asked to retire while in- 
 structions to be given in regard to the case are being 
 discussed. The attorneys for each side write out in- 
 structions which they request the judge to give to the 
 jury. This part of the proceedings being completed, 
 the judge gives to the jury instructions, in which he 
 states the law bearing upon the case. The case is 
 next argued to the jury by the respective counsels. 
 The arguments that are usually presented show the 
 inconsistencies of the opposite side of the case, or 
 dwell upon the credibility of one witness as against an- 
 other. The jury then retires to consider the case in 
 secret. If the jurymen cannot agree, they are dis- 
 charged and the case may be tried again. But if they 
 all agree, they return a verdict for the plaintiff or for 
 the defendant. The court is often asked to set aside 
 the verdict and grant a new trial. If it refuses, the 
 clerk enters the judgment, which the court signs. 
 
 many cases at common law by notifying the defendant that on the first day 
 of the next term of court he will move for judgment. The notice is served 
 by the sheriff just as the summons was. It takes the place of the declara- 
 tion, etc., and enables the parties to avoid the rule day, or proceedings at 
 rules, as it is called. At the time fixed the trial takes place in the usual way. 
 
PROCEEDINGS IN CRIMINAL CASES 69 
 
 Chancery Proceedings. — In chancery cases, the pro- 
 ceedings are similar to those at common law. The 
 summons is called a subpoena/ and the bill in chancery 
 takes the place of the declaration at common law, and 
 the answer takes the place of the plea. The testimony 
 at common law is generally oral, and is taken at the 
 trial, but in chancery it is taken in depositions, which 
 consist of written questions by the attorneys and writ- 
 ten answers by the witnesses. Usually there is no jury, 
 the court deciding all questions both of law and of fact, 
 but in a contest in regard to a will the court orders a 
 jury. There are other methods of court procedure in 
 the administration of justice between man and man 
 which cannot be described in a work like this. Courts 
 are called on for many objects and the proceedings 
 differ in different classes of cases. In all cases, how- 
 ever, the court must give each party an opportunity to 
 be heard in order that he may correct false statements 
 made by others. 
 
 2. Proceedings m Criminal Cases 
 
 The Prevention of Crimes. — It is the duty of every 
 justice of the peace, constable, sheriff, notary, and 
 indeed of every citizen who knows that a crime is about 
 to be committed to give notice of it, and to have the 
 person who threatens to do the wrong deed arrested. 
 A person taken into custody upon a charge of this kind 
 is required, if the justice thinks proper, to give bond 
 
 1 In chancery practice a subpoena is a mandatory writ directed to a per- 
 son and requiring him to appear and answer the matters charged against 
 him. 
 
70 LEGAL PROCEEDINGS 
 
 and security for his good behavior; and if he fails to 
 do this, he is sent to jail. 
 
 The Detection of Crimes. — But notwithstanding all 
 precautions, crimes will be committed, and for their 
 detection each county and city has its grand jury, the 
 members of which are selected from different parts 
 of the county or city, and so are apt to hear of 
 serious offenses. When a grand jury is summoned, 
 the judge instructs the jurors in regard to offenses 
 that should be indicted. There are many statutes re- 
 quiring him to charge them as to particular offenses. 
 
 It is the duty of every justice of the peace to cause 
 the arrest and imprisonment of criminals, and to send 
 the witnesses against them before the grand jury that 
 they may be charged with their crimes. It is also the 
 duty of every citizen who knows that felony has been 
 committed, to appear before the grand jury and make 
 accusation against the guilty person. Any person who 
 aids a felon in escaping from the law thereby renders 
 himself liable to punishment. Thus the system for 
 the discovery of crimes is very complete ; and when it 
 fails, if the crime is an outrageous one, the governor 
 may offer a reward for its detection. 
 
 Before a Justice. — After a man has been arrested 
 on the charge of committing a crime, he is taken 
 before a justice of the peace. If the offense is a mis- 
 demeanor, the justice tries the case, and discharges, 
 fines, or imprisons the accused as the law prescribes. 
 If a man is arrested for felony, he is also taken before 
 a justice of the peace, and if he is shown to be inno- 
 cent, the justice discharges him. But if he is not 
 
THE TRIAL /I 
 
 shown to be innocent, the justice releases him on bail 
 or sends him to jail till he can be brought to trial 
 before the county or corporation court. 
 
 Indictment for Felony. — No man can be tried for 
 felony till he has been indicted by the grand jury. 
 The indictment is the charge against the accused per- 
 son, written out with full particulars. It is drawn up 
 by the commonwealth's attorney, who gives it to the 
 grand jury. Witnesses in support of the accusation 
 appear before the grand jury, and, after being sworn, 
 give in their testimony. If the grand jury then thinks 
 that the charges in the indictment are well founded, 
 and the evidence probably sufficient to prove them, 
 "a true bill" is indorsed on the indictment. If the 
 grand jury thinks that the evidence is insufficient to 
 establish the charges, "not a true bill" is indorsed on 
 the indictment. But the fact that the grand jury has 
 found "not a true bill" does not prevent the finding 
 of " a true bill " at some future time, if other evidence 
 should be discovered. 
 
 The Trial. — After a man has been indicted and 
 has received due notice, he is brought into court for 
 trial, and no steps can be taken in the trial in his 
 absence. The commonwealth's attorney conducts the 
 prosecution ; and if the accused is unable to secure 
 an attorney for his own defense, the court may assign 
 counsel to represent him. When the prisoner is ar- 
 raigned, he is ordered to stand up and the indictment 
 is read to him. This being done, he is asked whether 
 he is guilty or not guilty as charged in the indictment. 
 Whether he pleads guilty or not guilty, a jury is im- 
 
72 LEGAL PROCEEDINGS 
 
 paneled; for though he may acknowledge himself to 
 be guilty, yet the law requires the jury to render a 
 verdict 'before he can be condemned. If he pleads 
 " not guilty," the witnesses for and against him are 
 examined and cross-examined, and he is allowed to 
 testify in his own behalf. The case is then argued 
 by the attorneys, and the judge delivers to the jurors 
 instructions in regard to the principles that should 
 govern them in reaching a decision. If the jury rend- 
 ers a verdict of *'not guilty," the court so informs 
 the prisoner and he is released. But if the verdict 
 is "guilty," the judge sentences the prisoner to the 
 penitentiary or to be hanged, as the case may be. 
 
 Habeas Corpus. — If a person under arrest thinks 
 that he is unlawfully imprisoned, he or any one inter- 
 ested in his case may apply to the judge of any county, 
 corporation, or circuit court for a writ of habeas corpus. 
 This is an order commanding the sheriff to bring the 
 accused person into court so that the cause of his arrest 
 may be investigated. The judge looks into the matter, 
 and if he finds that the prisoner's arrest was unlawful, 
 he releases him. This writ applies not only to prisoners 
 under arrest, but also to cases where a person is unlaw- 
 fully detained by another. For example, a father can 
 use it to get possession of a child that is held, contrary 
 to law, by another person. 
 
 The writ of habeas corpus had its origin in England at 
 an early date, and is regarded as one of the most impor- 
 tant writs in law, for it protects a man's right of personal 
 liberty by providing for an examination, by competent 
 authority, of the ground of his arrest or detention. 
 
QUESTIONS 73 
 
 QUESTIONS 
 
 1. What twofold duty has a court to discharge? 
 
 2. Who determines what the law is in any case, and who usually 
 
 decides what the evidence proves? 
 
 3. What does the word Juror mean? 
 
 4. What is a grand jury? What a petit jury? 
 
 5. How are grand juries obtained? 
 
 6. How are juries obtained to try civil and misdemeanor cases? 
 
 7. How are juries obtained to try felony cases? 
 
 8. How do ordinary civil cases arise? 
 
 9. What is meant by the common law? 
 
 10. What are the first proceedings in civil cases? 
 
 1 1 . Give a brief outline of the trial in such cases. 
 
 12. What is said of chancery proceedings? 
 
 13. What are depositions? 
 
 14. What is the duty of every officer, and of every citizen who 
 
 knows that a crime is about to be committed? 
 
 15. How does every county or city provide for the detection of 
 
 crimes? 
 
 16. What instructions dqes the judge give the grand jury? 
 
 17. What action should every justice of the peace take in order to 
 
 bring criminals to justice ? 
 
 18. What is the duty of a citizen who knows of a crime ? 
 
 19. Before whom is a man arrested for crime first taken? 
 
 20. What does the justice do if the charge is for a misdemeanor ? 
 
 What for a felony? 
 
 21. What is an indictment, and who draws it up? 
 
 22. What action does the grand jury take in regard to an indictment ? 
 
 23. Give a brief outline of a trial for felony. 
 
 24. If a person is unlawfully imprisoned, what can he do? 
 
 25. What is the writ of habeas corpus? 
 
 26. Where did it originate, and how is it regarded? 
 
CHAPTER VIII 
 
 THE PUBLIC SCHOOL SYSTEM 
 
 Preparatory Work. — Who teaches the public school in your 
 neighborhood? What is the difference between a public school 
 and a private school? Give the name of the superintendent of 
 schools in your county or city, and tell whether he is appointed or 
 elected. Who are the members of the board of school trustees in 
 your district? How are positions to teach in the public school 
 system secured? 
 
 History of Popular Education. — In 1796 the General 
 Assembly enacted a law, proposed by Mr. Jefferson, 
 which required each county to be divided into wards 
 and districts and a sufficient tax to be levied to main- 
 tain elementary schools, academies, and a university. 
 But it was left to the county courts to decide for their 
 respective counties whether or not the law should go 
 into effect; and this condition practically annulled the 
 measure, for not a single county court decided in favor 
 of putting it into operation. In 18 10 the Literary 
 Fund^ was formed, and the revenue from this was 
 
 1 The Literary Fund was formed from the proceeds of confiscations, 
 escheats, sale of glebe lands belonging to the former colonial church, 
 forfeitures, fines, etc. The fund was afterwards further increased by 
 money received from the Federal government. In i86i it amounted to 
 j^2,26o,ooo. In 1896 the fund aggregated ^2,275,649.28. 
 
 The law by which the University of Virginia was founded was, through 
 the influence of Thomas Jeff"erson, passed by the General Assembly in 
 1819. 
 
 74 
 
OFFICERS OF THE SYSTEM 75 
 
 devoted exclusively to the education of poor white 
 children till 1817, when under the influence of Mr. 
 Jefferson a part of it, fifteen thousand dollars, was set 
 aside annually for the permanent endowment of a 
 university. After this, the remainder of the interest of 
 the Literary Fund was applied to the education of poor 
 white children ; but the funds provided were insufficient 
 for the needs of even this class. No adequate provision 
 was made for public education till the adoption of the 
 constitution of 1869, which required the General Assem- 
 bly to establish a uniform system of public free schools. 
 This was done during the session of 1869-70. The 
 system, after it had been put into operation, grew 
 rapidly in favor, and under its influence the percentage 
 of illiteracy has been gradually diminishing. 
 
 Organization of the Public School System. — Each 
 county is divided into from three to eleven magisterial 
 districts, and each magisterial district into as many 
 school districts as may be necessary. No school dis- 
 trict, however, is formed with less than one hundred in- 
 habitants. Cities are also divided into school districts, 
 and a town may constitute a separate school district if 
 the council so elects. Each school district is a corpora- 
 tion. 
 
 Officers of the System. — The public school system is 
 administered through the following officers : A Board 
 of Education, a superintendent of public instruction, 
 county superintendents of public instruction. County 
 School Boards, School Trustee Electoral Boards, and 
 District Boards of School Trustees. The duties of 
 these will now be briefly stated. 
 
^6 THE PUBLIC SCHOOL SYSTEM 
 
 The Board of Education. — The Board of Education is 
 a corporation that consists of the governor, the super- 
 intendent of public instruction, and the attorney general. 
 It is the duty of this board to appoint all county and city 
 superintendents and to remove them for cause, subject 
 to confirmation by the Senate ; to provide for uniformity 
 of text-books and for the furnishing of schoolhouses with 
 necessary apparatus and library ; to prescribe the mini- 
 mum number of pupils required to form a school ; to 
 hear appeals from the decision of the superintendent of 
 public instruction ; to make general regulations for con- 
 ducting the system ; to regulate, as the law provides, 
 the management and investment of all school funds ; 
 to exercise such supervision of state schools of higher 
 grades as the law provides ; and to make a report to 
 the General Assembly at each regular session. 
 
 The Superintendent of Public Instruction. — This offi- 
 cer is elected by the General Assembly upon joint bal- 
 lot of the two houses to hold office for four years and 
 till his successor is qualified. He is the chief executive 
 of the public school system, and as such he is to a large 
 extent responsible for its efficiency. It is his duty to 
 explain the meaning of the school laws and to see that 
 they are faithfully executed ; to instruct school officers 
 as to their duties ; to prescribe the forms of registers 
 and reports ; to apportion the school funds among the 
 counties and cities ; to make tours of inspection to the 
 public schools of the state ; to decide appeals from de- 
 cisions of county superintendents; to make an annual 
 report to the Board of Education, giving detailed infor- 
 mation in regard to the workings of the system ; to 
 
THE COUNTY SCHOOL BOARD JJ 
 
 make suggestions to the Board of Education and to the 
 General Assembly upon matters connected with the sys- 
 tem ; and to promote by all proper means an apprecia- 
 tion of education among the people and a desire for it. 
 
 The County Superintendent. — A superintendent for 
 each county is appointed by the Board of Education, 
 subject to confirmation by the Senate. He serves for a 
 term of four years and till his successor is qualified. 
 He is required to supervise and visit the schools in his 
 county ; to explain the school system upon all proper 
 occasions ; to promote an appreciation of education 
 among the people and a desire for it ; to examine and 
 license persons who wish to teach ; to promote the im- 
 provement and efficiency of teachers by all proper 
 methods, under the direction of the superintendent of 
 public instruction ; to prepare annually, or oftener if it 
 be necessary, under the direction of the superintendent 
 of public instruction, a scheme for apportioning the 
 state and county school funds among the school districts 
 of the county ; to decide all appeals or complaints touch- 
 ing the acts of persons connected with the school system 
 in the county, subject to appeal to the superintendent of 
 public instruction, and from him to the School Board ; 
 to require annually, or oftener if necessary, from the 
 clerks of the boards of district school trustees, full sta- 
 tistics in regard to the public schools of their respective 
 districts; to observe the directions and regulations of 
 the superintendent of public instruction, and to report 
 to him annually. 
 
 The County School Board. — The county superinten- 
 dent of schools and the district school trustees con- 
 
yS THE PUBLIC SCHOOL SYSTEM 
 
 stitute in each county a corporation, called the County 
 School Board, which has power to make contracts, to 
 take and hold property, and to sue and be sued. All 
 property to be applied to school uses in the county is 
 vested in the County School Board, unless inconsistent 
 with the grant or devise, upon such terms and condi- 
 tions for its security as the county court shall prescribe. 
 All such property the board is authorized, when not 
 inconsistent with the terms of the grant or devise, to 
 manage, and to apply the profits from it to educational 
 purposes in the same manner and under the^ same 
 restrictions as the general school fund is applied, ex- 
 cept that a part of the profits may, if the board so 
 decides, be used in the erection of schoolhouses or in 
 the purchase of apparatus. In cases where money or 
 other property is held by trustees for purposes of com- 
 mon school education, the board is charged with the 
 duty of seeing that the trusts are properly administered, 
 and it has authority to take all steps necessary to in- 
 sure this. 
 
 The School Trustee Electoral Board. — This body is 
 composed of the county judge, the commonwealth's 
 attorney, and the county superintendent of schools. Its 
 chief duty is to appoint annually, for each school dis- 
 trict in the county, one school trustee, whose term of 
 office is for three years ; three having been appointed 
 the first time for one, two, and three years respectively. 
 This board is also authorized to remove from office any 
 trustee who fails to qualify, or who does not discharge 
 his duty, and to fill all vacancies that occur in the office 
 of district school trustees. 
 
THE DISTRICl^ BOARD OF SCHOOL TRUSTEES 79 
 
 The District Board of School Trustees. — The three 
 trustees of each district form the District Board of 
 School Trustees, of which one of the members is chair- 
 man and another clerk. This board is charged with the 
 important duty of seeing that the details of the school 
 system are carried out in the district. It is required to 
 observe the school laws and regulations, to explain them 
 and to enforce them ; to employ teachers, and to dismiss 
 them when delinquent; to suspend or dismiss pupils, 
 when necessary ; to supply text-books to children too 
 poor to pay for them ; to see that the school census is 
 taken as prescribed by law ; to call meetings of the 
 people of the district for consultation in regard to 
 school interests; to prepare annually and submit, on 
 or before the 15th day of July, to the president of the 
 County School Board, to be laid before the board at its 
 earliest meeting, an estimate of the amount of money 
 that will be needed in the district during the next 
 school year, for providing schoolhouses, school books 
 for indigent children, other school appliances, and 
 necessary, proper, and lawful expenses ; to take care 
 of the school property of the district and to manage it; 
 to visit from time to time the schools of the district so 
 as to see that they are properly conducted; to make 
 an annual report to the county superintendent ; and to 
 issue warrants on the county treasurer to pay teachers, 
 the clerk of the board for his services, and all other 
 school expenses, after all such claims have been ex- 
 amined and approved. 
 
 The clerk of the District Board is required every five 
 years -to take a census of all persons between the ages 
 
80 THE PUBLIC SCHOOL SYSTEM 
 
 of five and twenty-one years living in the district, and 
 at the same time a separate census of all deaf and blind 
 persons between the ages of five and twenty-one years ; 
 to keep the records of the proceedings of the board, and 
 to discharge such other duties as may be assigned to 
 him. 
 
 Teachers. — Every teacher must be examined by the 
 county superintendent and receive a certificate of quali- 
 fication before taking charge of a school. Teachers 
 are required to make monthly reports and term reports 
 to the county superintendent, also special reports 
 when called on to do so, and to keep a daily register 
 of facts pertaining to their schools in the manner 
 prescribed by the Board of Education. For the better 
 equipment of teachers for their work, the General 
 Assembly has made provision for several Summer 
 Normal Schools which are held annually. 
 
 Pupils. — Pupils between the ages of six and twenty- 
 one years may attend the public schools free of cost. 
 Persons between the ages of twenty-one and twenty- 
 five are admitted if they prepay a tuition fee of one 
 dollar per month. An enrollment of at least twenty 
 pupils, with a reasonable assurance of an average daily 
 attendance of that number, is required to constitute a 
 public free school. White and colored children are 
 taught in separate schools but under the same general 
 regulations as to management, usefulness, and effi- 
 ciency. 
 
 School Funds. — The funds which go annually to 
 the support of the public schools consist of the fol- 
 lowing: — 
 
QUESTIONS ( aN-^l-ERSlTY 
 
 1. State funds, embracing the annual mtere^S*fill!si£2S* 
 the Literary Fund, a capitation tax not exceeding one 
 dollar per annum on every male citizen who has at- 
 tained the age of twenty-one years, and of such tax 
 on property not less than one mill nor more than five 
 mills on the dollar, as the General Assembly shall 
 from time to time order to be levied. 
 
 2. County funds, which embrace such taxes as the 
 law authorizes the Board of Supervisors to levy on 
 the people of the county, fines and penalties arising 
 from the violation of certain school laws, and dona- 
 tions made to the county for school purposes. 
 
 3. District funds, which consist of such taxes as 
 the law authorizes the Board of Supervisors to levy 
 on the school district, fines and penalties arising from 
 the violation of certain district regulations and dona- 
 tions made to the district for school purposes. 
 
 City Schools. — The provisions for public schools in 
 cities and towns are essentially the same as those for 
 the county. In each city containing a population of 
 ten thousand and upwards, there is a city superin- 
 tendent of public instruction, and in other respects 
 the school organization is the same as that for the 
 county, the corresponding officers having also similar 
 duties. 
 
 QUESTIONS 
 
 1. What law did the General Assembly pass in 1796 in regard to 
 
 public education? 
 
 2. Why did the law not go into operation? 
 
 3. When was the Literary Fund formed, and how was all the 
 
 interest at first used ? 
 
 CIV. gov't of va. — 6 
 
82 THE PUBLIC SCHOOL SYSTEM 
 
 4. In 181 7 how much of the interest was applied to the endow- 
 
 ment of the University, and how was the remainder used? 
 
 5. When was adequate provision made for public education? 
 
 6. Into how many school districts is each magisterial district 
 
 divided? 
 
 7. Tell about the division of cities and towns into school districts. 
 
 8. What officers administer the public school system? 
 
 9. What state officers form the Board of Education, and what are 
 
 the chief duties of this board ? 
 
 10. How is the superintendent of public instruction elected, and 
 
 what are his chief duties ? 
 
 11. How is the county superintendent appointed, and what are his 
 
 duties? 
 
 12. Who compose the County School Board? 
 
 13. What powers has this board ? 
 
 14. What are its duties in regard to property to be applied to school 
 
 uses? 
 
 15. Who compose the School Trustee Electoral Board, and what is 
 
 the chief duty of this board? 
 
 16. How is the District Board of School Trustees formed? 
 
 17. With what important duty is this board charged? 
 
 18. Name some of its special duties? 
 
 19. What is the clerk of the District Board of School Trustees 
 
 required to do every five years ? 
 
 20. By whom must every applicant to teach be examined? What 
 
 certificate must be obtained? 
 
 21. What provision has the General Assembly made for the im- 
 
 provement of teachers ? 
 
 22. Who can attend public schools as pupils, and how many pupils 
 
 are necessary to form a school ? 
 
 23. What do the state funds for public schools embrace? 
 
 24. What constitute the county funds ? What the district funds ? 
 
 25. What is said of the provisions for city schools? 
 
 26. When may a city have a city superintendent of schools? 
 
CHAPTER IX 
 
 ELECTIONS 
 
 The Right of Suffrage. — A characteristic feature of 
 a free state is that the people are allowed to take 
 part in the government, and this right is usually one 
 of the first guaranteed by the constitution. The 
 political power possessed by the people consists chiefly 
 in the right of suffrage, by which is meant the right 
 to vote in the election of officers and in deciding 
 public questions. This right does not belong to all 
 the people, but only to such as possess qualifications 
 that are deemed necessary. 
 
 Qualifications Required. — The right of suffrage is 
 granted to every male citizen of the United States, 
 twenty-one years of age, who has been a resident of 
 Virginia twelve months, and of the county, city, or 
 town in which he offers to vote three months next 
 preceding any election in which he proposes to take 
 part. The following classes of persons, however, 
 though they have the qualifications mentioned above, 
 are excluded from voting : i. Idiots and lunatics. 2. 
 Persons convicted of bribery in any election, em- 
 bezzlement of public funds, treason, felony, or petit 
 larceny. 3. All persons who, while citizens of Vir- 
 ginia, have, since the adoption of the present consti- 
 tution, fought a duel or in any way knowingly aided 
 
 83 
 
84 ELECTIONS 
 
 others to do so, unless the General Assembly has by 
 a two-thirds vote removed the disability thus incurred. 
 ' Qualified voters are entitled to vote for members of 
 the General Assembly and for all officers elected by the 
 people. 
 
 The Election System. — For convenience to the peo- 
 ple and to save expense, the same voting places are 
 used for all elections, and officers of different kinds are 
 elected at the same time. All elections are conducted 
 upon the same general plan and by the same election 
 officers. Magisterial district officers and county officers 
 are elected on the fourth Thursday in May, state and 
 Federal officers on the Tuesday after the first Monday 
 in November. Notices of special elections in counties 
 are given by sheriffs and in cities by sergeants. Elec- 
 tions in towns are made known by the sheriff. 
 
 Election Officers. — The duty of carrying out the elec- 
 tion laws is discharged by the Board of State Canvass- 
 ers, an Electoral Board for each county and city, a 
 Board of Commissioners of Election for each county 
 and city, and precinct judges and clerks. 
 
 Board of State Canvassers. — This board is composed 
 of the governor, the secretary of the commonwealth, the 
 auditor of public accounts, the state treasurer, and the 
 attorney general, or any three of these. Its chief duty 
 is to examine the election returns for state and Federal 
 officers and determine the results. 
 
 County and City Electoral Boards. — Each county and 
 city has an electoral board of three members, who are 
 elected by the General Assembly at each alternate regu- 
 lar session, the first having been elected in December, 
 
REGISTRATION 85 
 
 1889. They serve for four years and go into office on 
 the first day of January after their election. The board 
 chooses one of its members to be president, and another 
 to be secretary, and holds a regular session annually in 
 the month of April. It appoints election judges, com- 
 missioners of election, and registrars. It is also charged 
 with the duty of having ballots printed and delivered 
 at the voting places before each election. 
 
 Election Districts. — Each magisterial district of a 
 county, and each ward of a city, constitutes an election 
 district or precinct, and for each precinct there is but 
 one voting place. If it is found to be necessary, a 
 magisterial district and also a ward may be divided 
 into more precincts than one. 
 
 Precinct Officers. — Each precinct has three judges and 
 two clerks. The judges are appointed by the Electoral 
 Board of the county or city annually before the first day 
 of March, and whenever it is possible they are selected 
 from different political parties. They serve for one year, 
 and conduct all elections that take place in their precinct 
 during their term of office. The judges appoint the two 
 clerks for their voting place. No person, if a candidate 
 for an office, can serve as judge or clerk of elections. 
 
 Commissioners of Election. — Each county and city 
 has a Board of Commissioners of Election of five mem- 
 bers, any three of whom can act. It is appointed by 
 the Electoral Board of the county or city, and the mem- 
 bers are selected from the judges of election. Its duty 
 is to canvass the election returns of its county or city. 
 
 Registration. — To prevent illegal voting, the Elec- 
 toral Board of e^ch county and city appoints for each 
 
86 ELECTIONS 
 
 precinct an officer, called a registrar, to enroll the names 
 of persons entitled to vote, in books provided for the 
 purpose. It is the duty of the registrar to be at his 
 precinct every year on the second Tuesday in May to 
 register all voters, not previously registered, and, ten 
 days before the November elections, to give one day to 
 amending and correcting the list of voters. At this 
 time, also, any qualified voter may register. The regis- 
 trar is required by law at any time, previous to the 
 regular registration days, to register any voter who may 
 apply to him. The registrars are appointed before the 
 first day of May, and serve for a term of two years. 
 The first were appointed under the present law in 
 1889. No person is allowed to vote unless he has 
 registered. 
 
 Election Supplies. — Registration books and poll 
 books, that is, books in which are enrolled the names of 
 persons as they vote, are furnished for each precinct by 
 the secretary of the commonwealth. The electoral 
 boards have the ballots printed. These contain the 
 names of all candidates that have complied with the re- 
 quirements made of them by law, printed in black ink, 
 and in separate lines below, the office for which they offer 
 themselves. The electoral boards affix to the ballots 
 official seals, and put them up in sealed packages, making 
 for each precinct a package containing twice as many 
 ballots as the precinct has registered voters. The pack- 
 ages are kept by the secretaries of the electoral boards 
 till a few days before the election, when they are deliv- 
 ered to the precinct judges. When a president and 
 vice president are to be elected, the electoral boards 
 
AT THE POLLS 8/ 
 
 have printed, on the official ballots, the name of each 
 candidate for president and vice president, and group, 
 under the names of the candidates for president and 
 vice president of each political party, the names of the 
 electors nominated by the political party of such candi- 
 dates. None but sworn officers are allowed to see the 
 official ballots till election day in order to prevent any 
 one from cheating by having similar ballots printed. 
 
 Voting Places. — The voting places, called also polls, 
 are kept open for one day — from sunrise to sunset. 
 The law directs the electoral boards to provide at each 
 voting place one or more small compartments or booths 
 large enough to conceal a voter from general observa- 
 tion. Each booth must be supplied with a desk or 
 other convenience for writing and also with pen and 
 ink. It must likewise be arranged so that a person 
 standing in it at the desk will be wholly excluded from 
 the observation of the clerks, judges of election, and 
 other persons. 
 
 At the Polls. — Each voter, as he presents himself, is 
 furnished with an official ballot by one of the judges. 
 This he takes within the booth and prepares it by draw- 
 ing a pen or pencil through the names of the candidates 
 he does not wish to vote for, leaving the names of the 
 candidates he does wish to vote for unscratched. If a 
 president and vice president are to be elected, the voter 
 prepares his ballot by marking out the names of the 
 candidates for president and vice president he does not 
 wish to vote for, but leaves the electors unscratched. 
 Having prepared his ballot, he folds it with the names 
 of the candidates on the inside, and hands it to one of 
 
88 ELECTIONS 
 
 the judges, who pronounces the name of the voter in an 
 audible voice, and deposits the ballot in the box. The 
 name of the voter is then checked on the registration 
 book by one of the judges, and entered by the clerks of 
 election in the poll book. 
 
 Challenging. — When a person offers to vote, the 
 judges or any qualified voter may challenge him if it is 
 supposed that he is not entitled to exercise the right of 
 suffrage. A person who has been challenged is not 
 allowed to vote till the challenge is withdrawn, or his 
 right to vote is proved by others, or sworn to by him- 
 self. 
 
 Counting Votes. — After the polls have been closed, 
 the judges count the number of ballots, and, if it exceeds 
 the number of names enrolled on the poll books, a num- 
 ber of ballots equal to the excess is selected by lot and 
 destroyed. If any voter casts two ballots by folding 
 them together, these are also destroyed ; and if by the 
 destruction of fraudulent votes the number of ballots is 
 reduced below the number of names on the poll books, 
 the cause of the reduction is stated. The poll books are 
 then signed by the judges and attested by the clerks. 
 This being done, the judges read the ballots, and count the 
 votes cast for each candidate. Two persons, friendly to 
 each political party, are allowed to witness the counting. 
 
 The Returns. — When the results have been deter- 
 mined, they are written down in full in the poll books, 
 after which the books are sealed, and together with the 
 ballots, which are strung on a cord, are delivered on the 
 day after the election by one of the judges to the clerk 
 of the county or corporation. On the second day after 
 
QUESTIONS 89 
 
 the election, the commissioners of election meet at the 
 clerk's office, and ascertain from the returns the persons 
 who have received the greatest number of votes in the 
 county or corporation for the several offices to be filled. 
 The clerk then makes out certificates of election for 
 each of the persons receiving the highest number of 
 votes for any county, corporation, or district office, and 
 transmits to the secretary of the commonwealth ab- 
 stracts of all the votes cast for state officers, members 
 of the General Assembly, and Federal officers. On 
 the fourth Monday in November after the election, the 
 Board of State Canvassers meets and canvasses the 
 abstracts received from all the counties and cities. As 
 soon as this has been done, the secretary of the common- 
 wealth sends to each of the persons who has been 
 elected, except the attorney general, who is commis- 
 sioned by the governor, a certificate of election. 
 
 QUESTIONS 
 
 1. What is a characteristic right of free government ? 
 
 2. In what right does the political power possessed by the people 
 
 chiefly consist, and what is meant by this right? 
 
 3. What qualifications are required for an exercise of the right of 
 
 suffrage ? 
 
 4. What persons are excluded from voting, though they possess the 
 
 usual qualifications? 
 
 5. Why are the same voting places used for all elections? 
 
 6. When are county and district officers elected, and when are 
 
 state and Federal officers elected ? 
 
 7. How are notices of special elections given? 
 
 8. What officers carry out the election laws? 
 
 9. Who compose the Board of State Canvassers, and what are the 
 
 duties of this board? 
 
90 ELECTIONS 
 
 10. How are county and city electoral boards elected, and how 
 
 long do they serve? 
 
 11. When do these boards hold their annual meeting, and what 
 
 are their duties ? 
 
 12. What is meant by an election district or precinct? 
 
 13. Who are the precinct officers, and how are they appointed? 
 
 14. How long do they serve, and what are their duties ? 
 
 15. When is the Board of Commissioners of Elections appointed, 
 
 and what is its duty? 
 
 16. What is the object of registration ? 
 
 17. What are the duties of the registrar? 
 
 18. How are election supplies obtained? 
 
 19. What boards have the ballots printed, and what names are put 
 
 upon them? 
 
 20. How many ballots are put in a package for each precinct? 
 
 21. What officer keeps the package, and to whom does he deliver it 
 
 a few days before an election ? 
 
 22. When a president and a vice president of the United States are 
 
 to be elected, what do the electoral boards have printed on 
 the official ballots ? 
 
 23. What are the voting places called, and how long are they kept 
 
 open? 
 
 24. What does the law require to be provided at each voting place ? 
 
 25. Tell what a voter has to do when he goes to the polls. 
 
 26. Explain what is meant by challenging. 
 
 27. Who counts the ballots? 
 
 28. If the number of votes cast in any election exceeds the number 
 
 of enrolled voters, what is done? If any voter casts two 
 ballots, what is done? 
 
 29. After the results have been determined at a precinct, what is 
 
 done with the poll books and the ballots ? 
 
 30. Who determine the results for a county or a corporation? 
 
 31., What abstracts of elections are sent to the secretary of the 
 commonwealth, and what board determines the result for 
 the state? 
 
CHAPTER X 
 
 POLITICAL PARTIES 
 
 Origin of Political Parties in the United States. — 
 When the Constitution of 1787 was submitted to the 
 states for ratification, those who favored it were called 
 Federalists, and those who opposed it Anti-Federalists. 
 This was the first real division of the people into politi- 
 cal parties. The Federalists triumphed by securing the 
 adoption of the Constitution ; and no sooner had this 
 been done than they began to advocate the formation 
 of a strong national government by giving to the United 
 States all the power that a loose constructioii of the 
 language of the Constitution would allow. On the other 
 hand, those who had opposed the adoption of the Con- 
 stitution advocated the restriction of the powers of the 
 Federal government strictly to the letter of the law as 
 laid down in the Constitution. This line of division has 
 run through our political history ever since we dissolved 
 our allegiance with Great Britain. 
 
 Parties a Benefit. — Opposing parties are always 
 found in countries where people take part in the govern- 
 ment, and are free to think and act for themselves. It is 
 well both for our state and our nation that people should 
 divide upon questions of public interest, for this causes 
 errors in the administration of affairs to be more closely 
 watched and more speedily remedied. 
 
 91 
 
92 POLITICAL PARTIES 
 
 Advantages of Organization. — The aim of every party 
 is to secure the triumph of its principles, and this can 
 be done only by the election of men to public offices 
 who will carry them out. Hence arises the necessity 
 for organization on the part of those who agree upon 
 the more important issues which a party advocates, so 
 that unity of action may be secured. 
 
 How a Party is organized. — The organization of a 
 party is usually effected through committees, which 
 exercise authority over well-defined areas. The general 
 interests of the party in the state are looked after by 
 a state committee. Then there are city committees, 
 county committees, etc. A perfectly organized party 
 will even have a committee for each precinct. 
 
 Work done by Committees. — Each committee looks 
 after the interests of the party in the area for which it 
 was organized. Committees plan the campaign, call 
 conventions to nominate candidates, arrange for primary 
 elections, secure speakers, distribute campaign literature, 
 and influence voters. 
 
 The Primary Meeting. — Local meetings, held by the 
 adherents of a political party for the purpose of ap- 
 pointing delegates to attend nominating conventions, 
 are called primary meetings. In these meetings, as a 
 rule, only persons who supported the party ticket at the 
 last general election, or who indicate their purpose to 
 support it at the next election, are allowed to vote. 
 
 The Primary Election. — The primary election is held 
 to select delegates to a convention, or for the purpose 
 of directly nominating candidates to be voted for. It is 
 really a formal primary meeting, in which the election 
 
THE NATIONAL CONVENTION 93 
 
 is conducted in a manner prescribed by law. There is 
 no general law in Virginia for the holding of primary 
 elections ; but, for a number of cities and for a few of 
 the counties, special laws have been passed which pro- 
 vide for them. 
 
 Caucus. — Frequently before a primary meeting or 
 primary election, the representatives of a political party 
 hold a private meeting for the purpose of bringing 
 about the nomination of some particular candidate. This 
 is called a caucus. In legislative bodies also the mem- 
 bers of the same political party often hold a caucus to 
 devise plans to promote party interests. 
 
 Nominating Candidates. — Candidates to represent a 
 party are usually selected by conventions, which are 
 representative bodies made up of delegates chosen in 
 primary meetings. Candidates for state offices are 
 nominated by a state convention, candidates for the state 
 Senate by conventions held in the senatorial districts, 
 candidates for the House of Delegates by conventions 
 held in the representative districts, candidates for the 
 county offices by a county convention, candidates for the 
 House of Representatives of the United States by con- 
 ventions held in the congressional districts. 
 
 The Unit Rule. — Sometimes the delegates to a con- 
 vention are instructed to vote together in making nomi- 
 nations. This is called the unit rule. At other times 
 they are left free, each one to vote as he deems best. 
 
 The National Convention. — Once in four years each 
 of the great parties holds a convention to nominate can- 
 didates for president and vice president. This is com- 
 posed of delegates from all the states, each state being 
 
94 POLITICAL PARTIES 
 
 allowed to send two delegates for each congressional 
 district and four for the whole state, called delegates at 
 large. 
 
 Party Platforms. — Each political party, when it 
 makes nominations for president and vice president, 
 publishes a declaration of its principles. This is called 
 a platform. The state convention usually adopts the 
 national platform as its own, with such additions as 
 local interests seem to demand. 
 
 QUESTIONS 
 
 1. Who were the Federalists, and the Anti-Federalists? 
 
 2. After the Constitution of the United States had been adopted, 
 
 what did the Federalists begin to advocate ? 
 
 3. What did those who had opposed the adoption of the Constitu- 
 
 tion hold? 
 
 4. Where are opposing parties always found? 
 
 5. Why are political parties a benefit? 
 
 6. What is the aim of every party, and how can it be best attained? 
 
 7. Why is organization necessary? 
 
 8. How is a party organized ? Name some of the usual committees. 
 
 9. What work is done by committees? 
 
 10. What is a primary meeting? 
 
 11. In such meetings, what persons usually vote? 
 
 12. What is a primary election? 
 
 13. What is said of primary elections in Virginia? 
 
 14. What is a caucus ? 
 
 15. How are candidates usually selected? 
 
 1 6. What is the unit rule ? 
 
 17. How often does each great political party hold a convention to 
 
 nominate candidates for president and vice president of the 
 United States? 
 
 18. How many delegates is each state allowed to send to such con- 
 
 ventions ? 
 
 19. What are party platforms? 
 
 20. What platform does a state usually adopt? 
 
CHAPTER XI 
 
 TAXATION 
 
 What are Taxes ? — The feature of government 
 that is most familiar to all the citizens is its power 
 to levy taxes. Indeed, this may be called its most 
 characteristic feature ; for if, in any country, there is 
 doubt as to the ruling power, we have only to find 
 out the person or persons whom the people recognize 
 as having authority to tax them, and we at once know 
 the government they recognize. What, then, are taxes ? 
 Every government takes from its citizens a part of 
 their private property to pay for the benefits it con- 
 fers upon them. This is taxation, so that a tax may be 
 defined as a sum of money taken from a citizen for 
 public uses. 
 
 Reasons for Taxes. — The government does many 
 things for the welfare of its citizens which benefit 
 one as much as another. The different state, county, 
 town, and city officers must be paid for their services. 
 Public buildings must be erected, salaries paid to school- 
 teachers, roads kept in good order, and many other 
 things done for the public good. All must be paid 
 for, and it is the duty of the government to raise 
 money from the people to pay for such objects. 
 
 What is Taxed. — Taxes are assessed on persons, on 
 property, and on privileges. A tax on persons is called 
 a capitation, or poll tax, and is placed only on male 
 
 95 
 
96 TAXATION 
 
 inhabitants over twenty-one years of age. Real estate 
 and the buildings on it are taxed, and so is personal 
 property. All ready money, stocks, bonds, money due 
 to persons, agricultural implements, mechanics' tools, 
 furniture, pictures, books, etc., are classed as personal 
 property. Thus this kind of property includes almost 
 all a person can own except real estate. Taxes on 
 privileges are those charged for granting to persons and 
 to corporations the right to carry on certain kinds of 
 business. For example, every express company, mer- 
 chant, and book agent has to pay a privilege or license 
 tax. The government derives some revenue also from 
 fines. 
 
 Property exempt from Taxation. — Some property is 
 for reasons of public policy exempt from taxation, 
 such as public property belonging to a county, city, 
 town, to the state, and to the United States ; property 
 owned by charitable, benevolent, and literary institu- 
 tions, public school property, burial grounds, and prop- 
 erty belonging to religious denominations, also the 
 libraries of licensed ministers of the gospel. 
 
 Objects for which Taxes are assessed. — i. The chief 
 objects for which the state raises money are to pay 
 the salaries of the state officers and of members of 
 the General Assembly; to support benevolent, chari- 
 table, and literary institutions; to carry on works of 
 internal improvement; to support the public school 
 system ; and to provide for paying the interest and the 
 principal of the state debt. 2. The main objects for 
 which counties levy taxes are to pay county officers, 
 to maintain jails and poorhouses, to build roads and 
 
EQUALIZATION 97 
 
 bridges, to raise money for county school purposes, 
 and to pay general county expenses. 3. Towns and 
 cities lay taxes on the people for various objects such 
 as to erect public buildings, waterworks and gasworks, 
 to build schoolhouses, to lay streets, etc. 
 
 The Assessment of Taxes. — From the land books 
 and the personal property books, prepared by the 
 commissioners of the revenue, the total valuation of 
 the taxable property of each county and corporation 
 can be readily ascertained. At the present time (1898), 
 the state tax upon all real and personal property is 
 thirty cents upon every hundred dollars of assessed 
 value for the support of the government, and ten 
 cents upon every hundred dollars of assessed value 
 for the state public school fund. The levies for county 
 needs and for county school purposes are made by 
 the boards of supervisors. The state and county taxes 
 being known, it is easy to ascertain the total rate of 
 taxation for the different counties and corporations, 
 and the taxes of each person can then be correctly 
 assessed from the valuation of his property. The 
 school taxes are kept separate from the other taxes. 
 The constitution states that no greater amount of tax 
 shall, at any time, be levied than may be required for 
 the necessary expenses of the government, or to pay 
 the existing indebtedness of the state. 
 
 Equalization.^ — The constitution provides that all 
 taxes whether imposed by the state, by a county, or 
 
 1 The constitution says that the board of supervisors " shall equalize 
 the valuation of property ;" but the statute law authorizes the courts to do 
 this, and they are always applied to when relief is needed from unjust 
 assessments. 
 
 CIV. gov't of va. — 7 
 
98 TAXATION 
 
 by a corporation shall be equal and uniform, and that 
 all property, both real and personal, shall be taxed in 
 proportion to its value. Sometimes, however, assess- 
 ments are carelessly made and at other times errors 
 are made. To prevent injustice from such causes, the 
 General Assembly has passed a law authorizing any 
 person who feels that his property has been erro- 
 neously assessed to apply for relief, within a certain 
 time, to the court in which the commissioner who made 
 the assessment qualified. 
 
 QUESTIONS 
 
 1 . Why may taxation be called the most characteristic feature of 
 
 government? 
 
 2. What are taxes? 
 
 3. Why has government a right to levy taxes? 
 
 4. What are poll taxes ? 
 
 5. What kinds of property are taxed? 
 
 6. What are taxes on privileges ? 
 
 7. What property is exempt from taxation? 
 
 8. What are the chief objects for which the state levies taxes? 
 9. ' For what purposes do counties, towns, and cities levy taxes? 
 
 10. How is the valuation of the taxable property of each county and 
 
 corporation ascertained ? 
 
 1 1 . What is the present state tax for the support of the government ? 
 
 What for public schools ? 
 
 12. How are the levies for county needs and for county school pur- 
 
 poses made? 
 
 13. The rate of taxation being known, how are each citizen's taxes 
 
 assessed ? 
 
 14. How does the constitution restrict taxation? 
 
 15. What does the constitution provide in regard to taxes? 
 
 16. If a man's property has been erroneously assessed, how can he 
 
 obtain relief? • 
 
CHAPTER XII 
 
 THE GOVERNMENT OF VIRGINIA IN OUTLINE 
 
 Virginia, the First Constitutional Government in 
 America. — A government carried on under a constitu- 
 tion is called a constitutional government. To Virginia 
 belongs the honor of being the first constitutional gov- 
 ernment in America. On June 29, 1776, before the 
 Declaration of Independence was made, she declared 
 herself to be an independent commonwealth, and 
 adopted a constitution. The famous Bill of Rights, 
 contained in this early constitution, may well be called 
 the Magna Charta of American liberties. This consti- 
 tution was revised in 1829, in 1850, and in 1869; but 
 with the exception of the abolition of slavery, changes 
 in regard to the right of suffrage, and in the method of 
 electing governors and other officers, it remains sub- 
 stantially the same as in 1776. The constitution con- 
 tains a preamble, twelve articles, and a schedule. 
 
 Preamble. — The preamble gives an account of the 
 oppressive acts of George the Third, which led to the 
 formation of the government of Virginia, of the con- 
 ventions that revised the constitution in 1829 and in 
 1850; and states the reasons, growing out of the Civil 
 War, which led to the remodeling of the constitution 
 in 1869. 
 
 Article I. — This article, consisting of twenty-one sec- 
 tions, makes a formal declaration of rights, belonging 
 
 99 
 
lOO THE GOVERNMENT OF VIRGINIA IN OUTLINE 
 
 to the people of Virginia and to their posterity, upon 
 which the government is based. From it are taken 
 the following extracts, which express so well the foun- 
 dation of republican freedom that nothing can be added 
 to them. 
 
 " All men are by nature equally free and independ- 
 ent, and have certain inherent rights, of which when 
 they enter into a state of society they cannot by any 
 compact deprive or divest their posterity, — namely, the 
 enjoyment of life and liberty, with the means of acquir- 
 ing and possessing property, and pursuing and obtain- 
 ing happiness and safety." " All power is vested in, 
 and consequently derived from, the people." " No man 
 or set of men are entitled to exclusive or separate emolu- 
 ments or privileges from the community but in consid- 
 eration of public services, which, not being descendible, 
 neither ought the offices of magistrate, legislator, or 
 judge to be hereditary." ** The freedom of the press 
 is one of the great bulwarks of liberty, and can never 
 be restrained but by despotic governments, and any citi- 
 zen may speak, write, and publish his sentiments on all 
 subjects, being responsible for the abuse of that liberty." 
 " No free government or the blessings of liberty can be 
 preserved to any people but by a firm adherence to 
 justice, moderation, temperance, and virtue, and by a 
 frequent recurrence to fundamental principles." " Re- 
 ligion or the duty which we owe to our Creator, and the 
 manner of discharging it, can be directed only by rea- 
 son and conviction, not by force or violence ; and, there- 
 fore, all men are equally entitled to the free exercise of 
 religion according to the dictates of conscience." 
 
THE CONSTITUTION 101 
 
 Article II. — This article has but one section, which 
 directs that the government shall be divided into three 
 departments, — the legislative, the executive, and the 
 judicial, — and that these shall be kept separate. 
 
 Article III. — This article contains five sections, which 
 treat of the qualifications citizens must possess in order 
 to be entitled to exercise the right of suffrage, and of 
 qualifications for office. It gives also the oath all 
 officers must take before entering upon their duties. 
 
 Article IV. — This article comprises seventeen sec- 
 tions, which are on the executive department. It de- 
 clares that the chief executive authority shall be vested 
 in a governor, and that the other executive officers shall 
 be a lieutenant governor, a secretary of the common- 
 wealth, a treasurer, and an auditor. It further tells how 
 these officers are to be elected, and defines their duties 
 in a general way. It also gives the General Assembly 
 power to establish a Bureau of Agriculture and Immi- 
 gration. 
 
 Article V. — This article has twenty-four sections. 
 It describes the legislative department of the govern- 
 ment, declaring that it " shall be vested in a General 
 Assembly, which shall consist of a Senate and House 
 of Delegates." It then gives the requisite qualifications 
 of senators and delegates, and defines the powers and 
 duties of the General Assembly. 
 
 Article VI. — This article consists of twenty-six sec- 
 tions. It treats of the judicial department of the gov- 
 ernment, which it vests in a supreme court of appeals, 
 circuit courts, and county courts. It then makes pro- 
 vision for the government of cities, enumerating their 
 
102 THE GOVERNMENT OF VIRGINIA IN OUTLINE 
 
 officers, and giving the method by which they are to be 
 elected. 
 
 Article VII. — This Article has five sections, and it 
 gives the county organizations, telling what officers are 
 to administer county affairs, and explaining the method 
 by which they are to be elected. 
 
 Articles VIII, , IX, and X.— Article VIII has twelve 
 sections. It deals with the subject of education, and 
 makes provision for the introduction and support of the 
 public free school system. Article IX treats of the 
 militia, and Article X of taxation and finance. 
 
 Article XI. — This article has nine sections, and it is 
 devoted to miscellaneous subjects. It provides that 
 every householder or head of a family can hold a home- 
 stead valued at two thousand dollars free from seizure 
 on account of any debts, except those for the purchase 
 price of the property, for the services of a laboring man 
 or a mechanic, for taxes, for the legal or taxable fees of 
 a public officer, for liabilities incurred as a public officer, 
 as an officer of a court, or as a fiduciary, and for rent for 
 the property or for mortgages on it. It also declares 
 that the rights of ecclesiastical bodies to church prop- 
 erty conveyed to them by regular deed of conveyance 
 shall not be affected by the Civil War, and guarantees 
 to the children of former slaves the right to inherit 
 property from their fathers. 
 
 Article XII. — This article which has but two sec- 
 tions tells how future "changes can be made in the 
 constitution. 
 
 I. For amendments, the following method is adopted : 
 Any amendment to the constitution may be proposed 
 
THE CONSTITUTION IO3 
 
 in the Senate and House of Delegates, and if agreed 
 to by a majority of the members elected to each house, 
 it is to be referred to the General Assembly, to be 
 chosen at the next general election of senators and 
 members of the House of Delegates. Before this elec- 
 tion, the proposed amendment must be published for 
 three months. If agreed to by a majority of all the 
 members elected to the General Assembly to which it 
 is referred, it is submitted after this to the people, and, 
 if ratified by them, it becomes a part of the constitu- 
 tion. 
 
 2. For its own revision, the Constitution provides 
 that at the general election to be held in the year 1888, 
 and in each twentieth year thereafter, and also at such 
 time as the General Assembly may by law provide, the 
 question " Shall there be a convention to revise the 
 constitution and amend the same } " shall be decided 
 by the voters of the state, and that, if the people vote 
 in favor of a convention, the General Assembly shall at 
 its next session provide by law for the election of dele- 
 gates to such convention. On March 4, 1896, the 
 General Assembly, in response to a desire expressed by 
 a portion of the people for a new constitution, passed 
 an act to submit the question of the calling of a conven- 
 tion to the voters of the state on the fourth Thursday 
 in May, 1897. - This was accordingly done, but the 
 people decided against the calling of a convention. 
 
 The Schedule. — This contains provisions that were 
 designed to carry the constitution into complete opera- 
 tion, and to prevent any inconvenience arising from 
 changes that had been made. 
 
104 THE GOVERNMENT OF VIRGINIA IN OUTLINE 
 
 QUESTIONS 
 
 1 . What is a constitutional government ? 
 
 2. What honor belongs to Virginia? 
 
 3. At what time did she declare herself to be an independent com- 
 
 monwealth ? 
 
 4. What may her Bill of Rights be called? 
 
 5. How many times has Virginia's constitution been revised, and 
 
 what changes have been introduced ? 
 
 6. What does the introduction contain? 
 
 7. What declaration is made in the first part of the constitution? 
 
 8. Mention some of the rights upon which repubhcan freedom is 
 
 founded. 
 
 9. Into what three departments does the constitution require the 
 
 government to be divided? 
 
 10. What qualifications must a citizen possess in order to exercise 
 
 the right of suffrage? 
 
 11. In what officers is the executive power chiefly vested? 
 
 12. In what is the legislative department vested? 
 
 13. What courts compose the judicial department? 
 
 14. Does the constitution provide for county organization? 
 
 15. Does it make provisions for the public school system? 
 
 16. What property is every householder allowed to retain free from 
 
 seizure for debt ? 
 
 17. What rights are guaranteed by the constitution to ecclesiastical 
 
 bodies, and what to the children of former slaves? 
 
 18. How can amendments to the constitution be made? 
 
 19. What is meant by the schedule of the constitution? 
 
CHAPTER XIII 
 
 RELATIONS OF THE STATE AND THE NATION 
 
 The State and the Nation. — Each state is independ- 
 ent in its own sphere of action, but is subordinate to 
 the national government. The supreme law for Ihe 
 whole country is to be found in the Constitution, in 
 the laws, and in the treaties of the United States. No 
 state has power to annul these. The Civil War settled 
 the much-disputed question of the relations of the state 
 and the nation, and the decision was in favor of the 
 supremacy of the nation. The present state consti- 
 tution, ratified by the people in 1869, declares that 
 Virginia "shall ever remain a member of the United 
 States of America, and that the people thereof are a 
 part of the American nation, and that all attempts from 
 whatever source or upon whatever pretext, to dissolve 
 said union or to sever said nation, are unauthorized 
 and ought to be resisted with the whole power of 
 the state." 
 
 Each State takes Part in the National Government. — 
 Each state, as a constituent member of the Union, takes 
 part in carrying on the national government. The 
 people of each elect members to the national House of 
 Representatives, the legislature of each elects national 
 senators, and each state appoints its share of the 
 electors of the president and vice president. 
 
 105 
 
I06 RELATIONS OF THE STATE AND THE NATION 
 
 The National House of Representatives. — Represent- 
 atives of the national House are apportioned by Con- 
 gress among the states in proportion to population, 
 once in ten years, and for their election the law directs 
 that each state shall be divided into districts, contiguous 
 in territory, and as nearly equal in inhabitants as possi- 
 ble. The boundaries of these districts are fixed by the 
 state legislature, and each district chooses one repre- 
 sentative. The last apportionment of representatives 
 was made in 1890, and it gave Virginia ten. Elections 
 of representatives are held every two years in all the 
 states on Tuesday after the first Monday in November, 
 these elections occurring in 1896, 1898, etc. If a 
 vacancy occurs in the office of representative, a 
 special election is ordered by the governor to fill it. 
 
 United States Senators. — In the Senate of the United 
 States, all the states are equal in power. Each is en- 
 titled to two members, who are elected by the legislature 
 and serve for a term of six years. 
 
 Presidential Electors* — The president and vice presi- 
 dent are elected by electors chosen by the states. Each 
 state has as many of these as it has senators and repre- 
 sentatives in Congress, and so Virginia is entitled to 
 twelve. The method of selecting presidential electors 
 is fixed by each state, but at the present time they are 
 chosen in all the states by popular vote. By a law of 
 Congress all presidential electors are appointed on Tues- 
 day after the first Monday in November, the elections 
 occurring at intervals of four years, 1896, 1900, etc. 
 
 Method of holding National Elections. — National elec- 
 tions are conducted by the state officers, and upon the 
 
POWERS OF GOVERNMENT DELEGATED I07 
 
 same method as the state prescribes for holding its 
 own elections. The qualifications of voters are also the 
 same as those prescribed for state elections. 
 
 The State Militia. — The Constitution of the United 
 States gives Congress authority to organize, arm, and 
 discipline the state militia, and to direct its movements 
 when employed in the national service for executing the 
 laws of the Union, for suppressing insurrections, and 
 for repelling invasion. 
 
 Reciprocal Duties of the State and the Nation. — The 
 state and the nation should faithfully discharge the 
 duties that one owes to the other." The state should 
 elect senators, representatives, and presidential electors, 
 and cordially cooperate with the nation in all efforts 
 made to secure good government. The nation should, 
 on its part, give to all the states alike adequate protec- 
 tion. The Constitution of the United States requires 
 the nation to guarantee to every state in the Union a 
 republican form of government, and to protect each one 
 of them against invasion and against domestic violence 
 also, when called on by the state authorities to do so. 
 
 Powers of Government delegated. — The states, in 
 forming the nation, delegated some powers to the na- 
 tional government, the chief ones being the powers to 
 coin money, to carry on a mail service, to make tariff 
 laws, to grant patents and copyrights, to declare war, 
 and to support a navy. Such powers as these belong 
 to the national government. 
 
Io8 RELATIONS OF THE STATE AND THE NATION 
 
 QUESTIONS 
 
 1 . In what sphere is a state independent, and to what is it sub- 
 
 ordinate ? 
 
 2. What disputed question did the Civil War settle, and what was 
 
 the decision reached ? 
 
 3. What does the present constitution of Virginia declare in regard 
 
 to the state ? 
 
 4. How do the people in each state take part in the national 
 
 government? 
 
 5. In what way are members of the national House of Representa- 
 
 tives -apportioned among the states? 
 
 6. What does the law direct in regard to districts ? 
 
 7. How are the boundaries of districts fixed, and how many repre- 
 
 sentatives are chosen from each district? 
 
 8. How many representatives has Virginia, and when are they 
 
 elected ? 
 
 9. How many members is each state entitled to have in the United 
 
 States Senate? 
 
 10. How are the president and the vice president elected? 
 
 11. How many presidential electors has each state? 
 
 12. What is the method of electing the presidential electors? 
 
 13. At what time do these elections occur, and at what intervals? 
 
 14. What is the method of holding national elections? 
 
 15. What authority has Congress in regard to the state militia? 
 
 16. What are the reciprocal duties of the state and of the nation? 
 
 17. What powers are delegated by the states to the nation ? 
 
APPENDIX 
 
 GOVERNMENT OF STATE INSTITUTIONS. 
 
 Virginia is well supplied with educational, humane, and penal 
 institutions, as the following list will show : — 
 
 The University of Virginia, Charlottesville. — Governing author- 
 ity, a board of nine visitors, appointed by the governor with the con- 
 sent of the Senate ; they hold office for four years, but do not all 
 go out at the same time. They elect one of their number rector. 
 
 The Virginia Military Institute, Lexington. — Governing author- 
 ity, a board of eleven visitors, nine of whom are appointed by the 
 governor subject to confirmation by the Senate ; they hold office for 
 three years, but do not all go out at the same time. The adjutant 
 general and the superintendent of public instruction are the other 
 members of the board. 
 
 Virginia Polytechnic Institute. — Governing authority, a board 
 of nine visitors, eight of whom are appointed by the governor with 
 the advice and consent of the Senate ; they hold office for four years, 
 but do not all go out at the same time. The superintendent of pub- 
 lic instruction is ex officio a member of the board, making the ninth. 
 
 College of William and Mary and State Normal School, Williams- 
 burg. — Governing authority, ten visitors provided for in the charter 
 of William and Mary College, who fill all vacancies in their num- 
 ber, and ten additional and associate visitors appointed by the gov- 
 ernor, who fill any vacancies among the associate visitors. The ten 
 visitors and the ten associate visitors constitute the board of visitors. 
 
 The State Female Normal School, Farmville. — Governing author- 
 ity, a board of fourteen visitors. The superintendent of pubhc 
 instruction is ex officio a. member of the board. Vacancies in the 
 board are filled by the governor. 
 
 The Institution for the Deaf and Dumb and Blind, Slaunton. — 
 Governing authority, a board of nine directors appointed by thq 
 
 109 
 
I lo APPENDIX 
 
 governor subject to confirmation by the Senate ; they hold office 
 for three years, but do not all go out at one time. 
 
 The Miller Manual Labor School of Albemarle. — The governor, 
 the attorney general, the superintendent of public instruction, and 
 the second auditor constitute the board of trust of the Miller Fund, 
 which endows the school. The school is managed and controlled 
 through the agency of the county court of Albemarle. 
 
 The Hampton Normal and Agricultural Institute. — Governing 
 authority, a board of trustees, never less than nine nor more than 
 seventeen. The board fills its own vacancies. This school is for 
 the benefit of colored persons and Indians of both sexes. 
 
 The Virginia Normal and Collegiate Institute, Petersburg. — Gov- 
 erning authority, nine visitors, eight of whom are appointed by the 
 governor with the consent of the Senate ; they hold office for four 
 years. The superintendent of public instruction is ex officio a mem- 
 ber of the board, making the tenth. This institution is designed for 
 the higher education of colored youth. 
 
 Humane Institutions. — Virginia has four institutions where pa- 
 tients suffering from mental derangement are cared for and skillfully 
 treated : the Western State Hospital, Staunton ; the Eastern State 
 Hospital, Williamsburg ; the Southwestern State Hospital, Marion ; 
 and the Central State Hospital, Petersburg (for colored patients). 
 The governing authority of each of these is a board of nine directors, 
 appointed by the governor with the advice and consent of the Senate ; 
 they hold office for three years, but do not all go out at once. 
 
 Almshouses. — Every county and corporation is required to make 
 provision for the needy. The county poorhouse is generally on a 
 farm furnished by the county. 
 
 Penal Institutions. — The penitentiary at Richmond is under the 
 care of a superintendent and a board of directors. The superin- 
 tendent is elected by the legislature, and the directors are appointed 
 by the governor. Every county has a jail, and so have all cities and 
 large towns. The county jails are under the control of the sheriffs, 
 and those in cities and towns under the care of sergeants. 
 
 The Laurel Industrial School. — This institution was opened in 
 1890 by the Prison Association of Virginia. Insubordinate and bad 
 white boys are received at this school, and are thus saved from the 
 degradation of prison life. The purpose of the school is to reform 
 and educate those committed to its care, and to help them to become 
 intelligent, honest, and industrious citizens of the commonwealth. 
 
JUDICIAL CIRCUITS 
 
 Virginia is divided into seventeen judicial circuits, as follows : — 
 
 First Ciraut. — The counties of Norfolk, Princess Anne, Nanse- 
 mond, Isle of Wight, Southampton, and the cities of Norfolk 
 and Portsmouth. 
 
 Second Circuit. — The counties of Brunswick, Chesterfield, Din- 
 widdie, Greenesville, Nottoway, Prince George, Sussex, Surry, 
 and the city of Petersburg. 
 
 Third Circuit. — The counties of Amelia, Buckingham, Charlotte, 
 Cumberland, Lunenburg, Mecklenburg, Powhatan, Prince Ed- 
 ward, and Appomattox. 
 
 Fourth Circuit. — The city of Danville and the counties of Franklin, 
 Halifax, Henry, Patrick, Pittsylvania, Campbell, and city of 
 Lynchburg. 
 
 Sixth Circuit. ^ — The counties of Albemarle, Culpeper, Gooch- 
 land, Fluvanna, Madison, Orange, Greene, Amherst, and 
 Nelson. 
 
 Seventh Circuit. — The county of Henrico and the city of Rich- 
 mond. 
 
 Eighth Circuit. — The counties of Accomac, Northampton, York, 
 Elizabeth City, Warwick, James City, New Kent, Charles City, 
 and the cities of Williamsburg and Newport News. 
 
 Ninth Circuit. — The counties of Essex, King William, King and 
 Queen, Northumberland, Lancaster, Gloucester, Mathews, and 
 Middlesex. 
 
 Tenth Circuit. — The counties of Caroline, Hanover, King George, 
 Louisa, Richmond, Spottsylvania, Stafford, Westmoreland, and 
 the city of Fredericksburg. 
 
 Eleventh Circuit. — The counties of Alexandria, Fairfax, Fauquier, 
 Loundoun, Prince William, Rappahannock, and the city of Alex- 
 andria. 
 
 Twelfth Circuit. — The counties of Clarke, Warren, Frederick, 
 Shenandoah, and Page. 
 
 Thirteenth Circuit. — The counties of Augusta, Rockbridge, Rock- 
 ingham, Bath, Highland, and Alleghany. 
 
 1 The Fifth Judicial Circuit was abolished by act of the Legislature, 
 February 5, 1896. 
 
 Ill 
 
112 APPENDIX 
 
 Fourteenth Circuit. — The counties of Botetourt, Roanoke, Craig, 
 Montgomery, and Floyd. 
 
 Fifteenth Circuit. — The counties of Wythe, Pulaski, Giles, Carroll, 
 Bland, and Tazewell. 
 
 Sixteenth Circuit. — The counties of Washington, Smyth, Grayson, 
 and Russell. 
 
 Seventeenth Circuit. — The counties of Scott, Lee, Wise, Dickenson, 
 and Buchanan. 
 
 Eighteenth Circuit. — The county of Bedford and the city of Roa- 
 noke. 
 
TJ-N'IVERSTTT 
 
 COLONIAL GOVERNORS 
 
 FROM SETTLEMENT OF VIRGINIA TILL REVOLUTION 
 
 I. 
 
 1607. 
 
 Edward Maria Wing- 
 field (Pres.). 
 
 25- 
 
 1677. 
 
 Herbert Jeffries (Lt. 
 Gov.). 
 
 2. 
 
 1607. 
 
 John Ratcliffe (Pres.)- 
 
 26. 
 
 1677. 
 
 Herbert Jeffries. 
 
 3- 
 
 1608. 
 
 John Smith (Pres.). 
 
 27. 
 
 1678. 
 
 Henry Chicheley. 
 
 4- 
 
 1609. 
 
 George Percy (Pres.). 
 
 28. 
 
 1678. 
 
 Thomas, Lord Cul- 
 
 5- 
 
 1609. 
 
 Thomas West, Lord 
 
 
 
 peper. 
 
 
 
 Delaware. 
 
 29. 
 
 1680. 
 
 Henry Chicheley (Lt. 
 
 6. 
 
 1611. 
 
 Thomas Dale (High 
 
 
 
 Gov.). 
 
 
 
 Marshal). 
 
 30- 
 
 1684. 
 
 Lord Howard of Ef- 
 
 7- 
 
 1616. 
 
 George Yeardley (Lt. 
 
 
 
 fingham. ,,4&, 
 
 
 
 Gov.). 
 
 31. 
 
 1689. 
 
 Nathaniel Bacon (Lt. 
 
 8. 
 
 1617. 
 
 Samuel Argall (Lt. 
 
 
 
 Gov.) . 
 
 
 
 Gov.). 
 
 32. 
 
 1690. 
 
 Francis Nicholson, 
 
 9- 
 
 1619. 
 
 George Yeardley. 
 
 33- 
 
 1692. 
 
 Edmund Andros. 
 
 10. 
 
 1621. 
 
 Francis Wyatt. 
 
 34. 
 
 1698. 
 
 Francis Nicholson. 
 
 II. 
 
 1626. 
 
 George Yeardley. 
 
 35- 
 
 1704. 
 
 Earl of Orkney. 
 
 12. 
 
 1627. 
 
 Francis West. 
 
 36. 
 
 1705. 
 
 Edward Nott (Lt. 
 
 13- 
 
 1628. 
 
 John Potts. 
 
 
 
 Gov.). 
 
 14. 
 
 1629. 
 
 John Harvey. 
 
 37- 
 
 1706. 
 
 Edmund Jennings 
 
 15- 
 
 1635. 
 
 John West. 
 
 
 
 (Lt.Gov.). 
 
 16. 
 
 1635. 
 
 John Harvey. 
 
 38. 
 
 1710. 
 
 Robert Hunter (Lt. 
 
 17- 
 
 1639. 
 
 Francis Wyatt. 
 
 
 
 Gov.). 
 
 18. 
 
 1 641. 
 
 William Berkeley. 
 
 39- 
 
 1710. 
 
 Alexander Spotswood 
 
 19. 
 
 1645. 
 
 Richard Kemp (Lt. 
 
 
 
 (Lt. Gov.). 
 
 
 
 Gov.). 
 
 40. 
 
 1722. 
 
 Hugh Drysdale (Lt. 
 
 20. 
 
 1645. 
 
 William Berkeley. 
 
 
 
 Gov.). 
 
 21. 
 
 1652. 
 
 Richard Bennet. 
 
 41. 
 
 1726. 
 
 Robert Carter (Lt. 
 
 22. 
 
 1656. 
 
 Edward Diggs. 
 
 
 
 Gov.). 
 
 23- 
 
 1658. 
 
 Samuel Matthews. 
 
 42. 
 
 1727. 
 
 William Gooch (Lt. 
 
 24. 
 
 1660. 
 
 William Berkeley. 
 
 
 
 Gov.). 
 
 
 CIV. GOV'T OF VA. — 8 .1 
 
 13 
 
 
 
114 APPENDIX 
 
 43. 1749. John Robinson, Sr. 
 
 (Lt. Gov.). 
 
 44. 1749. Lord Albemarle. 
 
 45. 1750. Louis Burwell (Lt. 
 
 Gov.). 
 
 46. 1752. Robert Dinwiddie 
 
 (Lt. Gov.). 
 
 47. 1758. John Blair (Lt. Gov.). 
 
 48. 1758. Francis Fauquier. 
 
 49. 1768. John Blair (Lt. Gov.). 
 
 50. 1768. Norborne Berkeley de 
 
 Botetourt. 
 
 51. 1770. William Nelson (Lt. 
 
 Gov.). 
 
 52. 1772. John, Lord Dunmore. 
 
 GOVERNORS OF VIRGINIA FROM 1776 
 
 1. Patrick Henry, elected 1776, Patriot or Whig. Born, Hanover 
 
 County, April 2, 1736. Died, Charlotte County, June 6, 1799, 
 aged 63. 
 
 2. Thomas Jefferson, elected 1 779, Patriot or Whig. Born, Albemarle 
 
 County. Died July 4, 1826. Aged 83. 
 
 3. Thomas Nelson, elected 1781, Patriot or Whig. Born, Yorktown, 
 
 December 26, 1738. Died, Hanover County, January 4, 1789, 
 aged 51. 
 
 4. Benjamin Harrison, elected 1781, Patriot or Whig. Born at Charles 
 
 City County, , 1740. Died, Charles City County, , 1791, 
 
 aged 5 1 . 
 
 5. Patrick Henry, elected 1784, Patriot or Whig. Born, Hanover 
 
 County, April 2, 1736. Died, Charlotte County, June 6, 1799, 
 aged 63. 
 
 6. Edmund Randolph, elected 1786, Patriot or Whig. Born, Williams- 
 
 burg, August 10, 1753. Died, Clarke County, September 13, 
 1813, aged 59. 
 
 7. Beverly Randolph, elected 1788, Patriot or Whig. Born, Henrico 
 
 County, , 1754. Died, Cumberland County, , 1797, 
 
 aged 63. 
 
 8. Henry Lee, elected 1791, Republican. Born, Westmoreland 
 
 County, January 29, 1756. Died, Cumberland Island, Ga., 
 March 25, 1818, aged 64. 
 
 9. Robert Brooke, elected 1794, Republican. Born, Spottsylvania 
 
 County, , 1761. Died, Richmond, , 1799, aged 37. 
 
GOVERNORS OF VIRGINIA US 
 
 10. James Wood, elected 1796, Republican. Born, Frederick County, 
 
 , 1750. Died, Richmond, July 16, 1813, aged 63. 
 
 11. James Monroe, elected 1799, Republican. Born, Westmoreland 
 
 County, April 28, 1758. Died, New York, N. Y., July 4, 1831, 
 aged 73. 
 
 12. John Page, elected 1802, Republican. Born, Gloucester County, 
 
 April 17, 1744. Died, Richmond, Octaber 11, 1808, aged 64. 
 
 13. William H. Cabell, elected 1805, Republican. Born, Cumberland 
 
 County, December 16, 1772. Died, Richmond, June 17, 1853, 
 aged 81. 
 
 14. John Tyler, elected 1808, Republican. Born, Williamsburg, , 
 
 1748. Died, Charles City County, January 6, 18 13, aged 65. 
 
 15. James Monroe, elected 1811. Born, Westmoreland County, April 
 
 28, 1758. Died, New York City, July 4, 1831, aged 73. 
 
 16. George W. Smith, elected 1811, Republican. Born, Essex County, 
 
 , 1762. Died, Richmond, December 26, 181 1, aged 49. 
 
 17. James Barbour, elected 1812, Republican. Born, Orange County, 
 
 June 10, 1775. Died, Orange County, June 8, 1842, aged 67. 
 
 18. Wilson C. Nicholas, elected 1814, Republican. Born, Hanover 
 
 County, , 1757. Died, Milton, October 10, 1820, aged 63. 
 
 19. James P. Preston, elected 1816, Republican. Born, Montgomery 
 
 County, , 1774. Died, Isle of Wight County, May 4, 1843, 
 
 aged 69. 
 
 20. Thomas M. Randolph, elected 18 19, Republican. Born, Tuckahoe, 
 
 October i, 1768. Died, Charlottesville, June 20, 1828, aged 60. 
 
 21. James Pleasants, elected 1822, Republican. Born, Goochland 
 
 County, October 24, 1769. Died, Goochland County, November 
 9, 1839, aged 70. 
 
 22. John Tyler, elected 1825, Republican. Born, Charles City County, 
 
 March 29, 1790. Died, Richmond, January 18, 1862, aged 72. 
 
 23. William B. Giles, elected 1827, State-Rights Democrat. Born, 
 
 Amelia County, August 12, 1762. Died, Albemarle County, 
 December 4, 1830, aged 68. 
 
 24. John Floyd, elected 1830, State-Rights Democrat. Born, Jeffer- 
 
 son County, Ky., April 24, 1783. Died, Sweet Springs, August 
 16, 1837, aged 54. 
 
 25. L. W. Tazewell, elected 1834, State-Rights Whig. Born, Wil- 
 
 liamsburg, December 17, 1774. Died, Norfolk, March 6, i860, 
 aged 86. 
 
Il6 APPENDIX 
 
 26. Wyndham Robertson, elected 1836, State-Rights Whig. Born, 
 
 Manchester, January 26, 1803. Died, Washington County, Feb- 
 ruary II, 1888, aged 87. 
 
 27. David Campbell, elected 1837, Democrat. Born, Washington 
 
 County, August 2, 1779. Died, Abingdon, March 19, 1859, 
 aged 80. 
 
 28. Thomas W. Gilmer, elected 1840, State-Rights Whig. Born, 
 
 Albemarle County, April 6, 1802. Died, Richmond, February 
 28, 1844, aged 42. 
 
 29. John M. Patton, elected 1841, State-Rights Whig. Born, Freder- 
 
 icksburg, August 10, 1797. Died, Richmond, October 28, 1858, 
 aged 61. 
 
 30. John Rutherford, elected 1841, State-Rights Whig. Born, Rich- 
 
 mond city, December 6, 1792. Died, Richmond, July — , 1866, 
 aged 74. 
 
 31. John M. Gregory, elected 1842, State-Rights Whig. Born, Charles 
 
 City County, July 8, 1804. Died, Richmond, April 9, 1884, 
 aged 88. 
 
 32. James McDowell, elected 1843, Democrat. Born, Rockbridge 
 
 County, October 12, 1796. Died, Rockbridge County, August 
 24, 1851, aged35. 
 
 33. William Smith, elected 1846, State-Rights Democrat. Born, 
 
 King George County, September 6, 1796. Died, Warrenton, 
 May 18, 1887, aged 91. 
 
 34. John B. Floyd, elected 1849, State-Rights Democrat. Born, 
 
 Blacksburg, June i, 1807. Died, Abingdon, August 26, 1863, 
 aged 56. 
 
 35. Joseph Johnson, elected 1852, State-Rights Democrat. Born, 
 
 Orange County, N. Y., December 19, 1785. Died, Bridgeport, 
 W. Va., February 27, 1877, aged 92. 
 
 36. Henry A. Wise, elected 1856, State-Rights Democrat. Born, 
 
 Accomac County, December 3, 1806. Died, Richmond, Septem- 
 ber 12, 1876, aged 70. 
 
 37. John Letcher, elected i860, State-Rights Democrat. Born, Lex- 
 
 ington, March 29, 1813. Died, Lexington, January 26, 1884, 
 aged 71, 
 
 38. William Smith, elected 1864, State-Rights Democrat. Born, 
 
 King George County, September 6, 1796. Died, Warrenton, May 
 18, 1887, aged 91. 
 
THE VIRGINIA RESOLVES 11/ 
 
 39. Francis H. Pierpont, appointed 1865, Republican. Born, Monon- 
 
 galia County, West Va., January 25, 1814. 
 
 40. Henry H. Wells, appointed 1868, Republican. Born, Rochester, 
 
 N.Y., September 17, 1823. 
 
 41. Gilbert C. Walker, elected 1869, Republican. Born, Binghamton, 
 
 N. Y., August I, 1832. Died, Binghamton, N. ¥., May 11, 1885, 
 aged 53. 
 
 42. James L. Kemper, elected 1873, Conservative. Born, Madison 
 
 County, June 11, 1823. 
 
 43. F. W. M. HoUiday, elected 1877, Conservative. Born, Winchester, 
 
 February 22, 1828. 
 
 44. William E. Cameron, elected 1881, Readjustee Born, Petersburg, 
 
 November 29, 1842. 
 
 45. Fitzhugh Lee, elected 1885, Democrat. Born, Fairfex County, 
 
 November 19, 1835. 
 
 46. Philip W. McKlnney, elected 1889, Democrat. Born, Buckingham 
 
 County, March 17, 1832. 
 
 47. Charles T. O'Ferrall, elected 1893, Democrat. Born, Frederick 
 
 County, Va., October 21, 1840. 
 
 48. J. Hoge Tyler, elected 1897, Democrat. Born, Caroline County, 
 
 Va., August II, 1846. 
 
 THE VIRGINIA RESOLVES, 1769 
 
 RESOLVES OF THE HOUSE OF BURGESSES, PASSED THE 16TH OF 
 
 MAY, 1769 
 
 Resolved, Nemine ) That the sole right of imposing taxes on the 
 Contradkente, \ inhabitants of this His Majesty's Colony and 
 Dominion of Virginia is now, and ever hath been, legally and 
 constitutionally vested in the House of Burgesses, lawfully con- 
 vened, according to the ancient and established practice, with the 
 consent of the Council, and of His Majesty the King of Great 
 Britain, or his Governor for the time being. 
 
Il8 APPENDIX 
 
 Resolved, nemine coniradicenie, That it is the undoubted privilege of 
 the inhabitants of this colony to petition their Sovereign for redress 
 of grievances ; and that it is lawful and expedient to procure the 
 concurrence of His Majesty's other colonies, in dutiful addresses, 
 praying the royal interposition in favor of the violated rights of 
 America. 
 
 Resolved, neinine contradicente^ That all trials for treason, misprision 
 of treason, or for any felony or crime whatsoever, committed and 
 done in this His Majesty's said colony and dominion, by any person 
 or persons residing therein, ought of right to be had, and conducted 
 in and before His Majesty's courts, held within his said colony, 
 according to the fixed and known course of proceeding ; and that 
 the seizing any person or persons residing in the colony, suspected 
 of an^ crime whatsoever, committed therein, and sending such 
 person or persons to places beyond the sea to be tried, is highly 
 derogatory of the rights of British subjects, as thereby the inesti- 
 mable privilege of being tried by a jury from the vicinage, as well 
 as the liberty of summoning and producing witnesses on such trial, 
 will be taken away from the party accused. 
 
 Resolved, nemine contradicente^ That an humble, dutiful and loyal ad- 
 dress be presented to His Majesty, to assure him of our inviolable 
 attachment to his sacred person and government ; and to beseech 
 his royal interposition, as the father of all his people, however 
 remote from the seat of his empire, to quiet the minds of his loyal 
 subjects of this colony, and to avert from them those dangers and 
 miseries which will ensue, from the seizing and carrying beyond 
 sea any person residing in America, suspected of any crime what- 
 soever, to be tried in any other manner than by the ancient and 
 long-established course of proceeding. 
 
 (The following order is likewise in their journal of that date) : 
 
 Ordered, That the speaker of this House do transmit, without delay, to 
 the speakers of the several houses of Assembly on this continent, 
 a copy of the resolutions now agreed to by this House, requesting 
 their concurrence therein. 
 
ORDINANCE OF SECESSION 
 
 AN ORDINANCE TO REPEAL THE RATIFICATION OF THE CON- 
 STITUTION OF THE UNITED STATES OF AMERICA BY THE 
 STATE OF VIRGINIA. AND TO RESUME ALL THE RIGHTS AND 
 POWERS GRANTED UNDER SAID CONSTITUTION 
 
 The people of Virginia^ in their ratification of the Constitution of the 
 United States of America, adopted by them in convention on the 25th 
 day of June, in the year of our Lord 1788, having declared that the 
 powers granted under said Constitution were derived from the people 
 of the United States, and might be resumed whensoever the same 
 should be perverted to their injury and oppression, and the Federal 
 Government having perverted said powers, not only to the injury of 
 the people of Virginia, but to the oppression of the Southern slave- 
 holding States : 
 
 Now, therefore, we, the people of Virginia, do declare and ordain, 
 That the ordinance adopted by the people of this State in convention 
 on the 25th of June, in the year of our Lord 1788, whereby the Con- 
 stitution of the United States of America was ratified, and all acts of 
 the General Assembly of this State ratifying or adopting amendments 
 to said Constitution, are hereby repealed and abrogated', that the 
 union between the State of Virginia and the other States under the 
 Constitution aforesaid is hereby dissolved, and that the State ot Vir- 
 ginia is in the full possession and exercise of all the rights of sovereignty 
 which belong and appertain to a free and independent State. 
 
 And they do further declare. That the said Constitution of the United 
 States of America is no longer binding on any of the citizens of this 
 State. 
 
 This ordinance shall take eflfect and be an act of this day, when rati- 
 fied by a majority of the votes of the people of this State cast at a poll 
 to be taken thereon on the fourth Thursday in May next, in pursuance 
 of a schedule hereafter to be enacted. 
 
 Done in Convention, in the city of Richmond, on the 17th day of 
 
 April, in the year of our Lord 1 861, and in the eighty-fifth year of the 
 
 Commonwealth of Virginia. 
 
 119 
 
CONSTITUTION OF VIRGINIA 
 
 PREAMBLE 
 
 Whereas, the delegates and representatives of the good people of 
 Virginia, in convention assembled, on the twenty-ninth day of June, in 
 the year of our Lord one thousand seven hundred and seventy-six, 
 reciting and declaring, that whereas George the Third, 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 neces- 
 sary 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 them would relinquish the inestimable 
 right of representation in the legislature ; by dissolving legislative assem- 
 blies 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 legislative head ; by endeavoring to prevent the population 
 of our country, and for that purpose obstructing the laws for naturaliza- 
 tion 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 benefit of the trial by jury ; 
 for transporting us beyond the seas for trial for pretended offenses ; 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 insurrection of our fellow-subjects with 
 the allurements of forfeiture and confiscation ; by prompting our negroes 
 
 120 
 
CONSTITUTION OF VIRGINIA 121 
 
 to rise in arms amongst 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 de- 
 struction of all ages, sexes, and conditions of existence ; by transport- 
 ing 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 in- 
 juries ; and finally by abandoning the helm of government and de- 
 claring 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, hav- 
 ing 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 policy should be 
 speedily adopted, and in compliance with the recommendation 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 this 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 gen- 
 eral convention, to consider, discuss, and propose a new constitution, 
 or alterations and amendments to the existing constitution of this com- 
 monwealth ; 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 ; and the 
 same having been submitted accordingly, was ratified by them : 
 
 And whereas, the general assembly of Virginia, by an act passed on 
 the twenty-first day of December, in the year one thousand eight hun- 
 dred and sixty-three, did provide for the election, by the people, of 
 delegates to meet in general convention, to consider, discuss, and adopt 
 alterations and amendments to the existing constitution of this com- 
 monwealth, the delegates so assembled did, therefore, having maturely 
 considered the premises, adopt a revised and amended constitution as 
 the form of government of Virginia : 
 
122 APPENDIX 
 
 And whereas, the congress of the United States did, by an act 
 passed on the second day of March, in the year one thousand eight 
 hundred and sixty-seven, and entitled " an act to provide for the more 
 efficient goyernment of the rebel states," and by acts supplementary 
 thereto, passed on the twenty-third day of March, and the nineteenth 
 day of July, in the year one thousand eight hundred and sixty-seven, 
 provide for the election, by the people of Virginia, qualified to vote 
 under the provisions of said acts, of delegates to meet in convention, to 
 frame a constitution or form of government for Virginia, in conformity 
 with said acts ; and by the same acts did further provide for the sub- 
 mitting of such constitution to the qualified voters for ratification or 
 rejection : 
 
 We, therefore, the delegates of the good people of Virginia, elected, 
 and in convention assembled, in pursuance of said acts, invoking the 
 favor and guidance of Almighty God, do propose to the people the 
 following constitution and form of government for this commonwealth : 
 
 ARTICLE I 
 
 BILL OF RIGHTS 
 
 A declaration of rights made by the representatives of the good people 
 of Virginia^ assembled in full and free convetition ; which rights do 
 pertai7i to thetn and their posterity y as the basis and foundation of 
 government. 
 
 1. That all men are by nature equally free and independent, and 
 have certain inherent rights, of which, when they enter into a state of 
 society, they cannot, by any compact, deprive or divest their posterity, 
 namely, the enjoyment of life and liberty, with the means of acquiring 
 and possessing property, and pursuing and obtaining happiness and 
 safety. 
 
 2. That this state shall ever remain a member of the United States 
 of America, and that the people thereof are a part of the American 
 Nation, and that all attempts, from whatever source or upon whatever 
 pretext, to dissolve said union or to sever said nation, are unauthorized 
 and ought to be resisted with the whole power of the state. 
 
 3. That the constitution of the United States, and the laws of Con- 
 gress passed in pursuance thereof, constitute the supreme law of the 
 land, to which paramount allegiance and obedience are due from every 
 
CONSTITUTION OF VIRGINIA 1 23 
 
 citizen, anything in the constitution, ordinances, or laws of any state to 
 the contrary notwithstanding. 
 
 4. That all power is vested in, and consequently derived from, the 
 people; that magistrates are their trustees and servants, and at all 
 times amenable to them. 
 
 5. That government is, or ought to be, instituted for the common 
 benefit, protection, and security of the people, nation, or community ; of 
 all the various modes and forms of government, that is best which 
 is capable of producing the greatest degree of happiness and safety, 
 and is most effectually secured against the dangers of maladministra- 
 tion ; and that when any government shall be found inadequate or 
 contrary to these purposes, a majority of the community hath an in- 
 dubitable, inalienable, and indefeasible right to reform, alter, or abolish 
 it, in such manner as shall be judged most conducive to the public 
 weal. 
 
 6. That no man, or set of men, are entitled to exclusive or sepa- 
 rate emoluments or privileges from the community but in consideration 
 of public services ; which, not being descendible, neither ought the 
 offices of magistrate, legislator, or judge to be hereditary. 
 
 7. That the legislative, executive, and judicial powers should be 
 separate and distinct ; and that the members thereof may be restrained 
 from oppression, by feeling and participating the burthens of the people, 
 they should, at fixed periods, be reduced to a private station, return 
 into that body from which they were originally taken, and the vacancies 
 be supplied by frequent, certain, and regular elections, in which all or 
 any part of the former members to be again eligible or ineligible, as the 
 laws shall direct. 
 
 8. That all elections ought to be free, and that all men having suffi- 
 cient evidence of permanent common interest with, and attachnient to 
 the community, have the right of suffrage, and cannot be taxed or de- 
 prived of their property for public uses, without their own consent, or 
 that of their representatives so elected, nor bound by any law to which 
 they have not in like manner assented, for the public good. 
 
 9. That all power of suspending laws, or the execution of laws by 
 any authority, without consent of the representatives of the people, is 
 injurious to their rights and ought not to be exercised, 
 
 10. That in all capital or criminal prosecutions, a man hath a right 
 to demand the cause and nature of his accusation, to be confronted 
 with the accusers and witnesses, to call for evidence in his favor, and to 
 
124 APPENDIX 
 
 a speedy trial by an impartial jury of his vicinage, without whose unani- 
 mous consent he cannot be found guilty ; nor can he be compelled to 
 give evidence against himself; that no man be deprived of his liberty, 
 except by the law of the land or the judgment of his peers. 
 
 1 1 . That excessive bail ought not to be required, nor excessive fines 
 imposed, nor cruel and unusual punishment inflicted. 
 
 12. That general warrants, whereby an officer or messenger may be 
 commanded to search suspected places without evidence of a fact com- 
 mitted, or to seize any person or persons not named, or whose offence 
 is not particularly described and supported by evidence, are grievous 
 and oppressive, and ought not to be granted. 
 
 13. That in controversies respecting property, and in suits between 
 man and man, the trial by jury is preferable to any other, and ought 
 to be held sacred. 
 
 14. That the freedom of the press is one of the great bulwarks of 
 liberty, and can never be restrained but by despotic governments, and 
 any citizen may speak, write, and publish his sentiments on all subjects, 
 being responsible for the abuse of that liberty. 
 
 15. That a well-regulated militia, composed of the body of the peo- 
 ple trained to arms, is the proper, natural, and safe defence of a free 
 state ; that standing armies, in time of peace, should be avoided as 
 dangerous to liberty, and that in all cases the military should be under 
 strict subordination to, and governed by, the civil power. 
 
 16. That the people have a right to uniform government; and, 
 therefore, that no government separate from, or independent of, the 
 government of Virginia ought to be erected or established withm the 
 limits thereof. 
 
 17. That no free government, or the blessings of liberty, can be pre- 
 served to any people but by a firm adherence to justice, moderation, 
 temperance, and virtue, and by a frequent recurrence to fundamental 
 principles. 
 
 18. That religion, or the duty which we owe to our Creator, and the 
 manner of discharging it, can be directed only by reason and convic- 
 tion, not by force or violence ; and, therefore, all men are equally entitled 
 to the free exercise of religion according to the dictates of conscience ; 
 and that it is the mutual duty of all to practise Christian forbearance, 
 love, and charity towards each other. 
 
 19. That neither slavery nor involuntary servitude, except as lawful 
 imprisonment may constitute such, shall exist within this state. 
 
CONSTITUTION OF VIRGINIA 1 25 
 
 20. That all citizens of the state are hereby declared to possess 
 equal civil and political rights and public privileges. 
 
 21. The rights enumerated in this bill of rights shall not be con- 
 strued to limit other rights of the people not therein expressed. 
 
 The declaration of the political rights and privileges of the inhabi- 
 tants of this state is hereby declared to be a part of the constitution 
 of this commonwealth, and shall not be violated on any pretence 
 whatever. 
 
 ARTICLE II 
 
 DIVISION OF POWERS 
 
 « 
 
 The legislative, executive, and judiciary departments shall be sep- 
 arate and distinct, so that neither exercise, the powers properly be- 
 longing to either of the others ; nor shall any person exercise the 
 power of more than one of them at the same time, except as herein- 
 after provided. 
 
 ARTICLE III 
 
 ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE 
 
 Sec. I. Every male citizen of the United States, twenty-one years 
 old, who shall have been a resident of this state twelve months, and 
 of the county, city, or town in which he shall offer to vote three 
 months next preceding any election, shall be entitled to vote for 
 members of the general assembly and all officers elected by the 
 people : provided, that no officer, soldier, seaman, or marine of the 
 United States army or navy, shall be considered a resident of this 
 state by reason of being stationed therein : and provided, also, that 
 the following persons shall be excluded from voting : 
 
 First. Idiots and lunatics. 
 
 Second. Persons convicted of bribery in any election, embezzle- 
 ment of public funds, treason, felony, or petit larceny. 
 
 Third. No person who, while a citizen of this state, has, since the 
 adoption of this constitution, fought a duel with a deadly weapon, 
 sent or accepted a challenge to fight a duel with a deadly weapon, 
 either within or beyond the boundaries of this state, or knowingly 
 conveyed a challenge, or aided or assisted in any manner in fighting 
 a duel, shall be allowed to vote or hold any office of honor, profit, or 
 trust under this constitution. 
 
126 APPENDIX 
 
 Sec. 2. All elections shall be by ballot, and all persons entitled to 
 vote shall be eligible to any office within the gift of the people, except 
 as restricted in this constitution. 
 
 Sec. 3. All persons entitled to vote and hold office, and none 
 others, shall be eligible to sit as jurors. 
 
 Sec. 4. No voter, during the time of 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 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 attend- 
 ance at elections, or in going to or returning from them. 
 
 Oath of Office 
 
 Sec. 5. All persons, before entering upon the discharge of any 
 function as officers of this state, must take and subscribe the follow- 
 ing oath or affirmation : 
 
 " I, , do solemnly swear (or affirm) that I will sup- 
 port and maintain the constitution and laws of the United States, and 
 the constitution and laws of the state of Virginia ; that I recognize 
 and accept the civil and political equality of all men before the law, 
 
 and that I will faithfully perform the duty of to the best of my 
 
 ability : So help me God." 
 
 ARTICLE IV 
 
 executive department 
 
 Governor 
 
 Sec. I. The chief executive power of this commonwealth shall be 
 vested in a Governor. He shall hold office for a term of four years, 
 to commence on the first day of January next succeeding his election, 
 and be ineligible to the same office for the term next succeeding that 
 for which he was elected, and to any other office during his term 
 of service. 
 
 Sec. 2. The Governor shall be elected by the voters at the times 
 and places of choosing members of the general assembly. Returns 
 of elections shall be transmitted, under seal, by the proper officers, to 
 the Secretary of the Commonwealth, who shall deliver them to the 
 Speaker of the House of Delegates on the first day of the next ses- 
 
CONSTITUTION OF VIRGINIA 12/ 
 
 sion of the general assembly. The speaker of the House of Delegates 
 shall, within one week thereafter, in presence of a majority of the 
 Senate and House of Delegates, open the said returns, and the votes 
 shall then be counted. The person having the highest number of 
 votes shall be declared elected ; but if two or more shall have the 
 highest and an equal number of votes, one of them shall be chosen 
 Governor by the joint vote of the two houses of the general assembly. 
 Contested elections for Governor shall be decided by a like vote, and 
 the mode of proceeding in su(*h cases shall be prescribed by law. 
 
 Sec. 3. No person, except a citizen of the United States, shall be 
 eligible to the office of Governor ; and if such person be of foreign 
 birth, he must have been a citizen of the United States for ten years 
 next preceding his election ; nor shall any person be eligible to that 
 office unless he shall have attained the age of thirty years, and have 
 been a resident of this state for three years next preceding his elec- 
 tion. 
 
 Sec. 4. The Governor shall reside at the seat of government; 
 shall receive five thousand dollars for each year of his service, and 
 while in office shall receive no other emolument from this or any 
 other government. 
 
 Sec. 5. He shall take care that the laws be faithfully executed; 
 communicate to the general assembly, at every session, the condition 
 of the commonwealth ; recommend to their consideration such meas- 
 ures as he may deem expedient, and convene the general assembly, 
 on application of two thirds of the members of both houses thereof, 
 or when, in his opinion, the interest of the commonwealth may re- 
 quire it. He shall be commander-in-chief of the land and naval 
 forces of the state ; have power to embody the militia to repel inva- 
 sion, suppress insurrection, and enforce the execution of the laws ; 
 conduct either in person or in such other manner as shall be pre- 
 scribed by law, all intercourse with other and foreign states ; and 
 during the recess of the general assembly, to fill pro tempore, all va- 
 cancies in those offices for which the constitution and laws make no 
 provision ; but his appointments to such vacancies shall be by com- 
 missions to expire at the end of thirty days after the commencement 
 of the next session of the general assembly. He shall have power to 
 remit fines and penalties in such cases and under such rules and reg- 
 ulations as may be prescribed by law, and except when the prosecu- 
 tion has been carried on by the House of Delegates, to grant reprieves 
 and pardons after conviction ; to remove political disabilities conse- 
 
128 APPENDIX 
 
 quent upon conviction for offences committed prior or subsequent to 
 the adoption of this constitution, and to commute capital punishment ; 
 but he shall communicate to the general assembly, at each session, 
 particulars of every case of fine or penalty remitted, of reprieve or 
 pardon granted, and of punishment commuted, with his reasons for 
 remitting, granting, or commuting the same. 
 
 Sec. 6. He may require information in writing from the officers in 
 the executive department upon any subject relating to the duties of 
 their respective offices ; and may also inquire the opinion, in writing, 
 of the Attorney-General upon any question of law connected with his 
 official duties. 
 
 Sec. 7. Commissions and grants shall run in the name of the 
 commonwealth of Virginia, and be attested by the Governor, with 
 the seal of the commonwealth annexed. 
 
 Sec. 8. Every bill which shall have passed the Senate and House 
 of Delegates, and every resolution requiring the assent of both 
 branches of the general assembly, shall, before it becomes a law, be 
 presented to the Governor ; if he approve, he shall sign it ; but if 
 not, he shall return it with his objections, to the house in which it 
 shall have originated, who shall enter the objections at large on their 
 journal and proceed to reconsider it. If, after such consideration, 
 two thirds of the members present shall agree to pass the bill or joint 
 resolution, it shall be sent together with the objections, to the other 
 house, by which it shall likewise be reconsidered, and if approved by 
 two thirds of all the members present, it shall become a law, notwith- 
 standing the objections of the Governor. But in all such cases the 
 votes of both houses shall be determined by ayes and noes, and the 
 names of the members voting for and against the bill or joint resolu- 
 tion, shall be entered on the journal of each house respectively. If 
 any bill or resolution shall not be returned by the Governor within 
 five days (Sundays excepted) after it shall have been presented to 
 him, the same shall be a law in like manner as if he had signed it, 
 unless the legislature shall, by their adjournment, prevent its return, 
 in which case it shall not be a law. 
 
 Lieutenant- Governor 
 
 Sec. 9. A Lieutenant-Governor shall be elected at the same time 
 and for the same term as the Governor, and his qualification and the 
 manner of his election, in all respects, shall be the same. 
 
CONSTITUTION OF VIRGINIA 1 29 
 
 Sec. 10. In case of the removal of the Governor from office, or of 
 his death, failure to qualify, resignation, removal from the state, or 
 inability to discharge the powers and duties of the office, the said 
 office, with its compensation, shall devolve upon the Lieutenant- 
 Governor ; and the general assembly shall provide by law for the 
 discharge of the executive functions in other necessary cases. 
 
 Sec. II. The Lieutenant-Governor shall be President of the 
 Senate, but shall have no vote except in case of an equal division ; 
 and while acting as such, shall receive a compensation equal to that 
 allowed to the Speaker of the House of Delegates. 
 
 Secretary of the Commonwealth^ Treasurer^ and Auditor 
 
 Sec. 12. The Secretary of the commonwealth, Treasurer, and 
 Auditor of Public Accounts, shall be elected by the joint vote of the 
 two houses of the general assembly, and continue in office for the 
 term of two years, unless sooner relieved. The salary of each shall 
 be determined by law. 
 
 Sec. 13. The Secretary shall keep a record of the official acts ol 
 the Governor, which shall be signed by the Governor, and attested 
 by the Secretary ; and when required, he shall lay the same, and any 
 papers, minutes and vouchers pertaining to his office, before either 
 house of the general assembly ; and shall perform such other duties 
 as may be prescribed by law. All fees received by the Secretary 
 shall be paid into the treasury. 
 
 Sec. 14. The powers and duties of the Treasurer and Auditor 
 shall be such as are now or may hereafter be prescribed by law. 
 
 Sec. 15. There may be established in the office of the secretary 
 of state, a bureau of statistics and a bureau of agricultural chemistry 
 and geology, under such regulations as may be prescribed by law. 
 
 Sec. 16. The general assembly shall have power to establish a 
 bureau of agriculture and immigration, under such regulations as 
 may be prescribed. 
 
 Board of Public Works 
 
 Sec. 17. There shall be a Board of Public Works, to consist of 
 the Governor, Auditor, and Treasurer of the commonwealth, under 
 such regulations as may be prescribed by law. 
 
 CIV. gov't of va. — 9 
 
130 APPENDIX 
 
 ARTICLE V 
 
 LEGISLATIVE DEPARTMENT 
 
 Sec. I. The legislative power of this commonwealth shall be 
 vested in a general assembly, which shall consist of a Senate and 
 House of Delegates. 
 
 Sec. 2. The House of Delegates shall be elected biennially by the 
 voters of the several cities and counties, on the Tuesday succeeding 
 the first Monday in November, and shall, from and after the Tues- 
 day succeeding the first Monday in November, eighteen hundred and 
 seventy-nine, consist of not more than one hundred and not less than 
 ninety members. 
 
 Sec. 3. From and after the same date, the Senate shall consist of 
 not less than thirty-three nor more than forty members. They shall 
 be elected for a term of four years — for the election of whom the 
 counties, cities, and towns shall be divided into districts. Each 
 county, city, and town of the respective districts shall, at the time of 
 the first election of its delegate or delegates under this amendment, 
 vote for one or more senators. The senators first elected under this 
 amendment, in districts bearing odd numbers, shall vacate their 
 offices at the end of two years ; and those elected in districts bearing 
 even numbers, at the end of four years : and vacancies occurring by 
 expiration of term, shall be filled by the election of senators for the 
 full term. 
 
 Sec. 4. An apportionment of senators and members of the House 
 of Delegates shall be made at the regular session of the general 
 assembly next preceding the Tuesday after the first Monday in 
 November, eighteen hundred and seventy-nine, or sooner. A re- 
 apportionment shall be made in the year eighteen hundred and 
 ninety-one, and every tenth year thereafter. 
 
 Qualifications of Senators and Delegates 
 
 Sec. 5. Any person may be elected Senator who, at the time of 
 election is actually a resident within the district, and qualified to vote 
 for members of the general assembly according to this constitution ; 
 and any person may be elected a member of the House of Delegates, 
 who, at the time of election, is actually a resident within the county, 
 city, town, or election district, qualified to vote for members of the 
 
CONSTITUTION OF VIRGINIA 13I 
 
 general assembly according to this constitution. But no person 
 holding a salaried office under the state government shall be capable 
 of being elected a member of either house of the general assembly. 
 The removal of any person elected to either branch of the general 
 assembly, from the city, county, town, or district for which he was 
 elected, shall vacate his office. 
 
 Powers and Duties of the General Assembly 
 
 Sec. 6. The general assembly shall meet once in two years, and 
 not oftener, unless convened by the Governor in the manner pre- 
 scribed in this constitution. No session of the general assembly, 
 after the first under this amendment, shall continue longer than 
 ninety days, without the concurrence of three fifths of the members 
 elected to each house ; in which case the session may be extended 
 for a further period, not exceeding thirty days. Neither house 
 during the session of the general assembly, shall, without the con- 
 sent of the other, adjourn for more than three days, nor to any other 
 place than that in which the two houses shall be sitting. A majority 
 of the members elected to each house shall constitute a quorum to 
 do business ; but a smaller number may adjourn from day to day, 
 and shall have power to compel the attendance of absent members 
 in such manner and under such penalty as each house may prescribe. 
 
 Sec. 7. The House of Delegates shall choose its own Speaker, 
 and in the absence of the Lieutenant-Governor, or when he shall 
 exercise the office of Governor, the Senate shall choose, from their 
 own body, a president pro tempore ; and each house shall appoint 
 its own officers, settle its own rules of proceeding, and direct writs 
 of election for supplying intermediate vacancies; but if vacancies 
 shall occur during the recess of the general assembly, such writs may 
 be issued by the Governor, under such regulations as may be pre- 
 scribed by law. Each house shall judge of the election, qualification 
 and returns of its members ; may punish them for disorderly be- 
 havior, and, with the concurrence of two thirds, expel a member. 
 
 Sec. 8. The members of the general assembly shall receive for 
 their services a salary, to be ascertained by law, and paid out of the 
 public treasury; but no act increasing such salary shall take effect 
 until after the end of the term for which the members of the House 
 of Delegates voting thereon were elected; and no senator or 
 delegate, during the term for which he shall have been elected, shall 
 
132 APPENDIX 
 
 be appointed to any civil office of profit under the commonwealth, 
 which has been created, or the emoluments of which have been 
 increased during such term, except offices filled by election by the 
 people. 
 
 Sec. 9. Bills and resolutions may originate in either of the two 
 houses of the general assembly, to be approved or rejected by either, 
 and may be amended by either house, with the consent of the other. 
 
 Sec. 10. Each house of the general assembly shall keep a journal 
 of its proceedings, which shall be published from time to time, and 
 the yeas and nays of the members of either house, on any question, 
 shall, at the desire of one fifth of those present, be entered on the 
 journal. No bill shall become a law until it has been read on three 
 different days of the session in the house in which it originated, 
 unless two thirds of the members in that house shall otherwise 
 determine. 
 
 Sec. II. The members of the general assembly shall, in all cases 
 except treason, felony, or breach of the peace, be privileged from 
 arrest during the sessions of their respective houses ; and for any 
 speech or debate in either house, they shall not be questioned in any 
 other place. They shall not be subject to arrest, under any civil 
 process, during the session of the general assembly, nor for fifteen 
 days next before the convening, and after the termination of each 
 session. 
 
 Sec. 12. The whole number of members to which 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, cities, and towns of the state, according to their 
 population. 
 
 Sec. 13. In the apportionment the state shall be divided into 
 districts, corresponding in number with the representatives to which 
 it may be entitled in the House of Representatives of the Congress 
 of the United States, which shall be formed, respectively, of con- 
 tiguous counties, cities and towns; be compact, and include, as 
 nearly as may be, an equal number of population. 
 
 Sec. 14. The privilege of the writ of habeas corpus shall not be 
 suspended, unless when, in cases of invasion or rebellion, the public 
 safety may require it. The general assembly shall not pass any bill 
 of attainder, or any ex post facto law, or any law impairing the 
 obligation of contracts, or any law, whereby private property shall be 
 taken for public uses without just compensation, or any law abridg- 
 
CONSTITUTION OF VIRGINIA 1 33 
 
 ing the freedom of speech or of the press. No man shall be com- 
 pelled to frequent or support any religious worship place or ministry 
 whatsoever, nor shall any man be enforced, restrained, molested or 
 burthened in his body or goods, or otherwise suffer, on account of 
 his religious opinions or belief, but all men shall be free to profess, 
 and by argument to maintain, their opinions in matters of religion, 
 and the same shall in nowise aifect, diminish, or enlarge their civil 
 capacities. And the general assembly shall not prescribe any 
 religious test whatever, or confer any peculiar privileges or ad- 
 vantages on any sect or denomination, or pass any law requiring or 
 authorizing any religious society, or the people of any district within 
 this commonwealth, to levy on themselves or others any tax for the 
 erection or repair of any house of public worship, or for the support 
 of any church or ministry, but it shall be left free to every person to 
 select his religious instructor, and to make for his support such 
 private contract as he shall please. 
 
 Sec. 15. No law shall embrace more than one object, which shall 
 be expressed in its title ; nor shall any law be revived or amended 
 with reference to its title, but the act revived or the section amended, 
 shall be reenacted and published at length. 
 
 Sec. 16. The governor, lieutenant-governor, judges, and all 
 others offending against the state, by maladministration, corruption, 
 neglect of duty, or other high crime or misdemeanor, shall be 
 impeachable by the House of Delegates, and be prosecuted before 
 the Senate, which shall have the sole power to try impeachment. 
 When sitting for that purpose, they shall be on oath or affirmation, 
 and no person shall be convicted without the concurrence of two 
 thirds of the members present. Judgment, in case of impeachment, 
 shall not extend further than to removal from office, and disquali- 
 fication to hold or enjoy any office of honor, trust, or profit under the 
 commonwealth ; but the party convicted shall, nevertheless, be 
 subject to indictment, trial, judgment, and punishment according to 
 law. The Senate may sit during the recess of the general assembly 
 for the trial of impeachment. 
 
 Sec 17. The general assembly shall not grant a charter of incor- 
 poration to any church or religious denomination, bu+ may secure 
 the title to church property to an extent to be limited by law. 
 
 Sec. 18. No lottery shall hereafter be authorized by law; and 
 the buying, selling, or transferring of tickets or chances in any 
 lottery, shall be prohibited. 
 
134 APPENDIX 
 
 Sec. 19. No new county shall be formed with an area of less 
 than six hundred square miles; nor shall the county or counties 
 from which it is formed be reduced below that area ; nor shall any 
 county having a population less than ten thousand, be deprived of 
 more than one fifth of such population ; nor shall a county, having a 
 larger population, be reduced below eight thousand. But any 
 county, the length of which is three times its mean breadth, or 
 which exceeds fifty miles in length, may be divided at the discretion 
 of the general assembly. In all general elections the voters in any 
 county, not entitled to separate representation, shall vote in the same 
 election district. 
 
 Sec. 20. The general assembly shall confer on the courts the 
 power to grant divorces, change the names of persons, and direct 
 the sale of estates belonging to infants and other persons under 
 legal disabilities, but shall not, by special legislation, grant relief in 
 such cases, or in any other case of which the courts or other 
 tribunals may have jurisdiction. 
 
 Sec. 21. The general assembly shall provide for the annual 
 registration of births, marriages, and deaths. 
 
 Sec. 22. The manner of conducting and making returns of 
 elections, or determining contested elections, and of filling vacancies 
 in office, in cases not specially provided for by this constitution, 
 shall be prescribed by law ; and the general assembly may declare 
 the cases in which any office shall be deemed vacant, where no pro- 
 vision is made for that purpose in this constitution. 
 
 Sec. 23. The legislature shall have power to provide for the 
 government of cities and towns, and to establish such courts therein 
 as may be necessary for the administration of justice. 
 
 Sec. 24. The general assembly shall have power, by a two-thirds 
 vote, to remove disabilities incurred under clause third, section one, 
 article third of this constitution, with reference to duelling. 
 
 ARTICLE VI 
 
 JUDICIARY DEPARTMENT 
 
 Sec. I. There shall be a supreme court of appeals, circuit courts, 
 and county courts. The jurisdiction of these tribunals, and the 
 judges thereof, except so far as the same is conferred by this consti- 
 tution, shall be regulated by law. 
 
CONSTITUTION OF VIRGINIA 1 35 
 
 Sec. 2. The supreme court of appeals shall consist of five judges, 
 any three of whom may hold a court. It shall have appellate juris- 
 diction only, except in cases of habeas corpus^ mandamus and 
 prohibition. It shall not have jurisdiction in civil cases where the 
 matter in controversy, exclusive of costs, is less in value or amount 
 than five hundred dollars, except in controversies concerning the title 
 or boundaries of land, the probate of a will, the appointment or 
 qualification of a personal representative, guardian, committee or 
 curator; or concerning a mill, roadway, ferry or landing; or the 
 right of a corporation or of a county to levy tolls or taxes, and 
 except in cases of habeas corpus, mandamus and prohibition, or the 
 constitutionality of a law : Provided, That the assent of a majority 
 of the judges elected to the court shall be required, in order to 
 declare any law null and void by reason of its repugnance to the 
 Federal Constitution, or to the constitution of this state. 
 
 Sec. 3. Special courts of appeals, to consist of not less than three 
 nor more than five judges, may be formed of the judges of the 
 supreme court of appeals and of the circuit courts, or any of them, 
 to try any cases on the docket of said court, in respect to which a 
 majority of the judges thereof may be so situated as to make it 
 improper for them to sit on the hearing of the same ; and also to try 
 any cases on the said docket which cannot be otherwise disposed of 
 with convenient dispatch. 
 
 Sec. 4. When a judgment or decree is reversed or affirmed by 
 the supreme court of appeals, the reasons therefor shall be stated in 
 writing and preserved with the records of the case. 
 
 Sec. 5. The judges shall be chosen by the joint vote of the two 
 houses of the general assembly, and shall hold their office for a term 
 of twelve years ; they shall, when chosen, have held a judicial station 
 in the United States, or shall have practiced law in this or some 
 other state for five years. 
 
 Sec. 6. The officers of the supreme court of appeals shall be 
 appointed by the said court, or by the judges thereof in vacation. 
 Their duties, compensation, and tenure of office shall be prescribed 
 by law. 
 
 Sec. 7. The supreme court of appeals shall hold its sessions at 
 two or more places in the state, to be fixed by law. 
 
 Sec. 8. At every election of a Governor an Attorney-General 
 shall be elected by the qualified voters of this commonwealth. He 
 shall be commissioned by the Governor, perform such duties and 
 
136 APPENDIX 
 
 receive such compensation as may be prescribed by law, and shall 
 be removable in the manner prescribed for the removal of judges. 
 
 Circuit Courts 
 
 Sec. 9. The state shall be divided into sixteen judicial circuits, 
 as follows : 
 
 1 . The counties of Norfolk, Princess Anne, Nansemond, Isle of 
 Wight, Southampton, Surry, and the city of Norfolk shall constitute 
 the first circuit. 
 
 2. The counties of Sussex, Greensville, Brunswick, Prince George, 
 Dinwiddle, Nottoway, Chesterfield, and the city of Petersburg shall 
 constitute the second circuit. 
 
 3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, 
 Powhatan, Prince Edward, Buckingham, and Cumberland shall con- 
 stitute the third circuit. 
 
 4. The counties of Halifax, Pittsylvania, Henry, Patrick, Frank- 
 lin, and the town of Danville shall constitute the fourth circuit. 
 
 5. The counties of Bedford, Campbell, Appomattox, Amherst, 
 Nelson, and the city of Lynchburg shall constitute the fifth circuit. 
 
 6. The counties of Albemarle, Fluvanna, Culpeper, Goochland, 
 Madison, Greene, and Orange shall constitute the sixth circuit. 
 
 7. The county of Henrico and the city of Richmond shall con- 
 stitute the seventh circuit. 
 
 8. The counties of Accomack, Northampton, York, Elizabeth 
 City, Warwick, James City, New Kent, Charles City, and the city of 
 Williamsburg shall constitute the eighth circuit. 
 
 9. The counties of Lancaster, Northumberland, Mathews, Mid- 
 dlesex, Gloucester, King William, Essex, and King and Queen shall 
 constitute the ninth circuit. 
 
 10. The counties of Westmoreland, Spotsylvania, Caroline, Han- 
 over, Stafford, King George, Richmond, and Louisa shall constitute 
 the tenth circuit. 
 
 1 1 . The counties of Loudoun, Fauquier, Fairfax, Prince William, 
 Rappahannock, and Alexandria shall constitute the eleventh circuit. 
 
 12. The counties of Frederick, Clarke, Warren, Page, Shenan- 
 doah, and Rockingham shall constitute the twelfth circuit. 
 
 13. The counties of Augusta, Rockbridge, Bath, Highland, and 
 Alleghany shall constitute the thirteenth circuit. 
 
 14. The counties of Botetourt, Roanoke, Montgomery, Floyd, 
 Giles, and Craig shall constitute the fourteenth circuit. 
 
CONSTITUTION OF VIRGINIA 1 37 
 
 15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland, and 
 Tazewell shall constitute the fifteenth circuit. 
 
 16. The counties of Smyth, Washington, Lee, Scott, Wise, Rus- 
 sell, and Buchanan shall constitute the sixteenth circuit. 
 
 Sec. 10. The general assembly may re-arrange said circuits, or 
 any of them, and increase or diminish the number thereof, when the 
 public interests shall require it. 
 
 Sec. 1 1 . For each circuit a judge shall be chosen by the joint 
 vote of the two houses of the general assembly, who shall hold his 
 office for a term of eight years, unless sooner removed in the manner 
 prescribed by this constitution. He shall, when chosen, possess the 
 same qualifications of judges of the supreme court of appeals ; and 
 during his continuance in office shall reside in the circuit of which 
 he is judge. 
 
 Sec. 12. A circuit court shall be held, at least twice a year by the 
 judges of each circuit, in every county and corporation thereof 
 wherein a circuit court now is or may hereafter be established. But 
 the judges may be required or authorized to hold the courts of their 
 respective circuits alternately, and the judge of one circuit to hold 
 court in any other circuit. 
 
 County Courts 
 
 Sec. 13. In each county of this commonwealth there shall be a 
 court called the county court, which shall be held monthly by a 
 judge learned in the law of the state and to be' known as the county 
 court judge: provided, that counties containing less than eight 
 thousand inhabitants shall be attached to adjoining counties for the 
 formation of districts for county judges. County court judges shall 
 be chosen in the same manner as judges of the circuit courts. They 
 shall hold their office for a term of six years, except the first term 
 under this constitution, which shall be three years, and. during their 
 continuance in office, they shall reside in their respective counties or 
 districts. The jurisdiction of said courts shall be the same as that 
 of the existing county courts, except so far as it is modified by this 
 constitution or may be changed by law. 
 
 Government of Cities and Towns 
 
 Sec. 14. For each city or town in the state, containing a popula- 
 tion of five thousand, there shall be elected on the joint vote of the 
 
138 APPENDIX 
 
 two houses of the general assembly, one city judge, who shall hold 
 a corporation or hustings court of said city or town, as often, and as 
 many days in each month, as may be prescribed by law, with similar 
 jurisdiction which may be given by law, to the circuit courts of this 
 state, and who shall hold his office for a term of six years : provided, 
 that in cities or towns containing thirty thousand inhabitants, there 
 may be elected an additional judge to hold courts of probate and 
 record, separate and apart from the corporation or hustings courts, 
 and perform such other duties as shall be prescribed by law. 
 
 Sec. 15. Also the following enumerated officers, who shall be 
 elected by the qualified voters of the said cities or towns : One clerk 
 of the corporation or hustings court, who shall also be the clerk of 
 the circuit court, except in cities or towns containing a population 
 of thirty thousand or more ; in which city or town there may be a 
 separate clerk for the circuit court, who shall hold his office for a 
 term of six years. 
 
 Sec. 16. One commonwealth's attorney, who shall be the com- 
 monwealth's attorney for the circuit court, and shall hold his office 
 for a term of two years. 
 
 Sec. 17. One city sergeant, who shall hold his office for a term 
 of two years. 
 
 Sec. 18. One city or town treasurer, whose duties shall be similar 
 to those of county treasurer, and who shall hold his office for a term 
 of three years. 
 
 Sec. 19. One commissioner of the revenue. 
 
 Sec. 20. There shall be chosen by the electors of every city, a 
 mayor, who shall be the chief executive officer thereof, and who 
 shall see that the duties of the various city officers are faithfully 
 performed. He shall have power to investigate their acts, have 
 access to all books and documents in their offices, and may examine 
 them and their subordinates on oath. The evidence given by per- 
 sons so examined, shall not be used against them in any criminal 
 proceedings. He shall also have power to suspend or remove such 
 officers, whether they be elected or appointed, for misconduct in 
 office or neglect of duty, to be specified in the order of suspension 
 or removal ; but no such removal shall be made without reasonable 
 notice to the officer complained of, and an opportunity afforded him 
 to be heard in his defence. All city, town, and village officers, 
 whose election or appointment is not provided for by this constitu- 
 tion, shall be elected by the electors of such cities, towns, and 
 
CONSTITUTION OF VIRGINIA I39 
 
 villages, or of some division thereof, or appointed by such authorities 
 thereof as the general assembly shall designate. All other officers 
 whose election or appointment is not provided for by this constitu- 
 tion, and all officers whose offices may be hereafter created by law, 
 shall be elected by the people, or appointed, as the general assembly 
 may direct. Members of common councils shall hold no other 
 office in cities, and no city officer shall hold a seat in the general 
 assembly. The general assembly, at its first session after the adop- 
 tion of this constitution, shall pass such laws as may be necessary to 
 give effect to the provisions of this article. General laws shall be 
 passed for the organization and government of cities, and no special 
 act shall be passed, except in cases where, in the judgment of the 
 general assembly, the object of such act cannot be attained by 
 general laws. Nothing in this article shall affect the power of the 
 general assembly over quarantine, or in regard to the port of 
 Norfolk, or the interest of the state in the lands under water and 
 within the jurisdiction or boundaries of any city, or to regulate the 
 wharves, piers, or slips in any city. All laws or city ordinances in 
 conflict with the provisions of the preceding sections, shall be void 
 from and after the adoption of this constitution. 
 
 Sec. 21. All regular elections for city or town officers, under this 
 article, shall be held on the fourth Thursday in May, and the officers 
 elect shall enter upon their duties on the first day of July succeeding. 
 
 General Provisions 
 
 Sec. 22. All the judges shall be commissioned by the Governor, 
 and shall receive such salaries and allowances as maybe determined 
 by law, the amount of which shall not be diminished during their 
 term of office. Their terms of office shall commence on the first 
 day of January next following their appointment ; and they shall 
 discharge the duties of their respective offices from their first ap- 
 pointment and qualification under this constitution until their terms 
 begin. 
 
 Sec. 23. Judges may be removed from office by a concurrent 
 vote of both houses of the general assembly, but a majority of all the 
 members elected to each house must concur in such vote, and the 
 cause of removal shall be entered on the journal of each house. 
 The judge against whom the general assembly may be about to 
 proceed, shall have notice thereof, accompanied by a copy of the 
 
I40 APPENDIX 
 
 causes alleged for his removal, at least twenty days before the day 
 on which either house of the general assembly shall act thereon. 
 
 Sec. 24. Judges of the supreme court of appeals, and judges of 
 the circuit courts, shall not hold any other office or public trust 
 during their continuance in office. 
 
 Sec. 25. Judges, and all other officers elected or appointed, shall 
 continue to discharge the duties of their offices after their terms of 
 service have expired, until their successors have qualified. 
 
 Sec. 26. Writs shall run in the name of the commonwealth of 
 Virginia, and be attested by the clerks of the several courts. In- 
 dictments shall conclude "against the peace and dignity of the 
 commonwealth." 
 
 ARTICLE VII 
 
 COUNTY ORGANIZATIONS 
 
 Sec. I. There shall be elected by the qualified voters of the 
 county, one sheriff, one attorney for the commonwealth, who shall 
 also be the commonwealth's attorney for the circuit court ; one 
 county clerk, who shall also be the clerk of the circuit court, except 
 that in counties containing fifteen thousand inhabitants, there may 
 be a separate clerk for the circuit court ; one county treasurer, and 
 so many commissioners of the revenue as may be provided by law ; 
 and there shall be appointed, in a manner to be provided by law, 
 one superintendent of the poor, and one county surveyor ; and there 
 shall also be appointed, in the manner provided for in article 
 eight, one superintendent of schools. All regular elections for 
 county officers shall be held on the fourth Thursday in May ; and 
 all officers elected or appointed under this provision, shall enter 
 upon the duties of their offices on the first day of July, next succeed- 
 ing their election, and shall hold their respective offices for the term 
 of four years, except that county and circuit court clerks shall hold 
 their offices for six years. 
 
 Sec. 2. Each county of the state shall be divided into so many 
 compactly located magisterial districts as may be deemed necessary, 
 not less than three : provided, that after these have been formed, no 
 additional districts shall be made containing less than thirty square 
 
 miles ; each magisterial district shall be known as magisterial 
 
 district, of county. In each district there shall be elected one 
 
 supervisor, three justices of the peace, one constable, and one over- 
 
CONSTITUTION OF VIRGINIA 141 
 
 seer of the poor, who shall hold their respective offices for the term 
 of two years. All regular elections for magisterial district officers 
 shall take place on the fourth Thursday in May, and all officers so 
 elected shall enter upon the duties of their respective offices on the 
 first day of July, next succeeding their election. The supervisors of 
 the districts shall constitute the board of supervisors for that county, 
 whose duty it shall be to audit the accounts of the county, examine 
 the books of the commissioners of the revenue, regulate and equalize 
 the valuation of property, fix the county levies for the ensuing year, 
 and perform any other duties required of them by law. 
 
 School Districts 
 
 Sec. 3. Each magisterial district shall be divided into as many 
 compactly located school districts as may be deemed necessary : pro- 
 vided, that no school district shall be formed containing less than 
 one hundred inhabitants. In each school district there shall be 
 elected or appointed, annually, one school trustee, who shall hold his 
 office three years : provided, that at the first election held under this 
 provision, there shall be three trustees elected, whose terms shall be 
 one, two, and three years, respectively. 
 
 Sec. 4. The general assembly, at its first session after the adop- 
 tion of this constitution, shall pass such laws as may be necessary to 
 give effect to the provisions of this article. But nothing in this 
 article shall be construed as prohibiting the general assembly from 
 providing by law for any additional officers in any city or county. 
 
 Sec. 5. Sheriffs shall hold no other office. They may be re- 
 quired by law to renew their security, and in default of so doing, 
 their offices shall be declared vacant. Counties shall never be made 
 responsible for the acts of the sheriffs. 
 
 ARTICLE VIII 
 
 education 
 
 Sec. I. The general assembly shall elect, in joint ballot, within 
 thirty days after its organization under this constitution, and every 
 fourth year thereafter, a Superintendent of Public Instruction. He 
 shall have the general supervision of the public free school interests 
 of the state, and shall report to the general assembly for its considera- 
 
142 APPENDIX 
 
 tion, within thirty days after his election, a plan for a uniform system 
 of public free schools. 
 
 Sec. 2. There shall be a Board of Education, composed of the 
 Governor, Superintendent of Public Instruction, and Attorney-Gen- 
 eral, which shall appoint and have power to remove, for cause and 
 upon notice to the incumbents, subject to confirmation by the Sen- 
 ate, all county superintendents of public free schools. This board 
 shall have, regulated by law, the management and investment of aU 
 school funds, and such supervision of schools of higher grades as 
 the law shall provide. 
 
 Sec. 3. The general assembly shall provide by law, at its first 
 session under this constitution, a uniform system of public free 
 schools, and for its gradual, equal, and full introduction into all the 
 counties of the state, by the year 1876, or as much earlier as practi- 
 cable. ■ 
 
 Sec. 4. The general assembly shall have power, after a ftill in- 
 troduction of the public free school system, to make such laws as 
 shall not permit parents and guardians to allow their children to 
 grow up in ignorance and vagrancy. 
 
 Sec. 5. The general assembly shall establish, as soon as practi- 
 cable, normal schools, and may establish agricultural schools and 
 such grades of schools as shall be for the public good. 
 
 Sec. 6. The Board of Education shall provide for uniformity of 
 text-books, and the furnishing of school houses with such apparatus 
 and library as may be necessary, under such regulations as may be 
 provided by law. 
 
 Sec. 7. The general assembly shall set apart, as a permanent and 
 perpetual literary fund, the present literary funds of the state, the 
 proceeds of all public lands donated by Congress for public school 
 purposes, of all escheated property, of all waste and unappropriated 
 lands, of all property accruing to the state by forfeiture, and all fines 
 collected for offences committed against the state, and such other 
 sums as the general assembly may appropriate. 
 
 Sec. 8. The general assembly shall apply the annual interest on 
 the literary fund, the capitation tax provided for by this constitution 
 for public free school purposes, and an annual tax upon the property 
 of the state of not less than one mill nor more than five mills on the 
 dollar, for the equal benefit of all the people of the state, the number 
 of children between the ages of five and twenty-one years, in each 
 public free school district, being the basis of such division. Provision 
 
CONSTITUTION OF VIRGINIA 1 43 
 
 shall be made to supply children attending the public free schools 
 with necessary text-books, in cases where the parent or guardian is 
 unable, by reason of poverty, to furnish them. Each county and 
 public free school district may raise additional sums by a tax on prop- 
 erty for the support of public free schools. All unexpended sums 
 of any one year in any public free school district shall go into the 
 general school fund for redivision the next year : Provided, That any 
 tax authorized by this section to be raised by counties or school dis- 
 tricts shall not exceed five mills on a dollar in any one year, and shall 
 not be subject to redivision, as hereinbefore provided in this section. 
 
 Sec. 9. The general assembly shall have power to foster all 
 higher grades of schools under its supervision, and to provide for 
 such purpose a permanent educational fund. 
 
 Sec. 10. All grants and donations received by the general assem- 
 bly for educational purposes shall be applied according to the terms 
 prescribed by the donors. 
 
 Sec. II. Each city and county shall be held accountable for the 
 destruction of school property that may take place within its limits 
 by incendiaries or open violence. 
 
 Sec. 12. The general assembly shall fix the salaries and prescribe 
 the duties of all school officers, and shall make all needful laws and 
 regulations to carry into effect the public free school system provided 
 for by this article. 
 
 ARTICLE IX 
 
 MILITIA 
 
 Sec. I . The militia of this state shall consist of all able-bodied 
 male persons between the ages of eighteen and forty-five years, 
 except such persons as hereafter may be exempted by the laws of 
 the United States or of this state ; but those who belong to religious 
 societies whose tenets forbid them to carry arms, shall not be com- 
 pelled to do so, but shall pay an equivalent for personal service ; and 
 the militia shall be organized, armed and equipped, and trained as 
 the general assembly may provide by law. 
 
 Sec. 2. The legislature shall provide by law for the encourage- 
 ment of volunteer corps of the several arms of the service, which 
 shall be classed as the active militia ; and all other militia shall be 
 classified as the reserve militia, and shall not be required to muster 
 in time of peace. . 
 
144 APPENDIX 
 
 ARTICLE X 
 
 TAXATION AND FINANCE 
 
 Sec. I. Taxation, except as hereinafter provided, whether im- 
 posed by the state, county, or corporate bodies, shall be equal and 
 uniform, and all property, both real and personal, shall be taxed in 
 proportion to its value, to be ascertained as prescribed by law. No 
 one species of property, from which a tax may be collected, shall be 
 taxed higher than any other species of property of equal value. 
 
 Sec. 2. No tax shall be imposed on any of the citizens of this 
 state for the privilege of taking or catching oysters from their natu- 
 ral beds with tongs, in the waters thereof; but the amount of sales 
 of oysters so taken by any citizen, in any one year, may be taxed at 
 a rate not exceeding the rate of taxation imposed upon any other 
 species of property. 
 
 Sec. 3. The legislature may exempt all property used exclusively 
 for state, county, municipal, benevolent, charitable, educational and 
 religious purposes. 
 
 Sec. 4. The general assembly may levy a tax on incomes in 
 excess of six hundred dollars per annum, and upon the following 
 licenses; viz., the sale of ardent spirits, theatrical and circus com- 
 panies, menageries, jugglers, itinerant pedlars, and all other shows 
 and exhibitions for which an entrance fee is required ; commission 
 merchants, persons selling by sample, brokers and pawnbrokers, 
 and all other business which cannot be reached by the ad valorem 
 system. The capital invested in all business operations shall be 
 assessed and taxed as other property. Assessments upon all stock 
 shall be according to the market value thereof. 
 
 Sec. 5. The general assembly may levy a tax, not exceeding one 
 dollar per annum, on every male citizen who has attained the age of 
 twenty-one years, which shall be applied exclusively in aid of public 
 free schools ; and counties and corporations shall have power to 
 impose a capitation tax, not exceeding fifty cents per annum, for all 
 purposes. 
 
 Sec. 6. The general assembly shall provide for a reassessment 
 of the real estate of this state in the year 1869, or as soon thereafter 
 as practicable, and every fifth year thereafter : provided, in making 
 such assessment, no land shall be assessed above or below its value. 
 
 Sec. 7. No debt shall be contracted by this state, except to meet 
 
CONSTITUTION OF VIRGINIA 1 45 
 
 casual deficits in the revenue to redeem a previous liability of the 
 state, to suppress insurrection, repel invasion, or defend the state in 
 time of war. 
 
 Sec. 8. The general assembly shall provide, by law, a sinking 
 fund, to be applied solely to the payment and extinguishment of the 
 principal of the state debt, which sinking fund shall be continued 
 until the extinguishment of such state debt ; and every law hereafter 
 enacted by the general assembly, creating a debt or authorizing a 
 loan, shall provide a sinking fund for the payment of the same. 
 
 Sec. 9. The unfunded debt shall not be funded or redeemed at a 
 value exceeding that established by law at the time said debt was 
 contracted, nor shall any discrimination hereafter be made in paying 
 the interest on state bonds, which shall give a higher actual value to 
 bonds held in foreign countries, over the same class of bonds held 
 in this country. 
 
 Sec. 10. No money shall be paid out of the state treasury except 
 in pursuance of appropriations made by law ; and no appropriation 
 shall ever be made for the payment of any debt or obligation created 
 in the name of the state of Virginia, by the usurped and pretended 
 state authorities assembled at Richmond during the late war ; and no 
 county, city, or corporation shall levy or collect any tax for the pay- 
 ment of any debt created for the purpose of aiding any rebellion 
 against the state, or against the United States. 
 
 Sec. II. On the passage of every act which imposes, continues 
 or revives any appropriation of public or trust money or property, or 
 releases, discharges, or commutes any claim or demand of the state, 
 the vote shall be determined by ayes and noes, and the names of the 
 persons voting for and against the same shall be entered on the 
 journals of the respective houses, and a majority of all the members 
 elected to each house shall be necessary to give it the force of a law. 
 
 Sec. 12. The credit of the state shall not be granted to, or in aid 
 of, any person, association, or corporation. 
 
 Sec. 13. No scrip, certificate, or other evidence of state indebted- 
 ness, shall be issued, except for the redemption of stock previously 
 issued, or for such debts as are expressly authorized in this con- 
 stitution. 
 
 Sec. 14. The state shall not subscribe to, or become interested 
 in, the stock of any company, association or corporation. 
 
 Sec. 15. The state shall not be a party to, or become interested 
 in, any work of internal improvement, nor engage in carrying on any 
 civ. gov't of va. — 10 
 
146 APPENDIX 
 
 such work, otherwise than in the expenditure of grants to the state 
 of land or other property. 
 
 Sec. 16. Every law which imposes, continues, or revives a tax, 
 shall distinctly state the tax, and the object to which it is to be 
 applied, and it shall not be sufficient to refer to any other law to fix 
 such a tax or object. 
 
 Sec. 17. The state shall not assume any indebtedness of the 
 county, borough, nor city, nor lend its credit to the same. 
 
 Sec. 18. A full account of the state indebtedness, and an accurate 
 statement of receipts and expenditures of the public money, shall be 
 attached to and published with its laws passed at every regular 
 session of the general assembly. 
 
 Sec. 19. The general assembly shall provide by law for adjusting 
 with the state of West Virginia, the proportion of the public debt of 
 Virginia, proper to be borne by the state of Virginia and West Vir- 
 ginia, and shall provide that such sum as shall be received from 
 West Virginia shall be applied to the payment of the public debt of 
 the state. 
 
 Sec. 20. No other or greater amount of tax or revenue shall at 
 any time be levied than may be required for the necessary expenses 
 of the government, or to pay the existing indebtedness of the state. 
 
 Sec. 21. The liability to the state of any incorporated company 
 or institution to redeem the principal and pay the interest of any 
 loan heretofore made by the state to such company or institution, 
 shall not be released or commuted. 
 
 ARTICLE XI 
 
 miscellaneous provisions 
 
 Homestead and Other Exemptions 
 
 Sec. I. Every householder or head of a family shall be entitled, 
 in addition to the articles now exempt from levy or distress for rent, 
 to hold exempt from levy, seizure, garnisheeing or sale, under any 
 execution, order, or other process, issued on any demand for any 
 debt heretofore or hereafter contracted, his real and personal prop- 
 erty, or either, including money and debts due him, whether hereto- 
 fore or hereafter acquired or contracted, to the value of not exceeding 
 two thousand dollars, to be selected by him: provided, that such 
 
\B R A fT y 
 
 OF TJII» 
 
 VERS 
 CONSTITUTION OF VIRGINIA \o^ CAl'l'^Z^i^ 
 
 exemption shall not extend to any execution, order, or other process 
 issued on any demand in the following cases : 
 
 1st. For the purchase price of said property, or any part thereof. 
 
 2d. For services rendered by a laboring person or a mechanic. 
 
 3d. For liabilities incurred by any public officer, or officer of a 
 court, or any fiduciary, or any attorney at law for money collected. 
 
 4th. For a lawful claim for any taxes, levies, or assessments, 
 accruing after the first day of June, 1866. 
 
 5th. For rent hereafter accruing. 
 
 6th. For the legal or taxable fees of any public officer, or officers 
 of a court, hereafter accruing. 
 
 Sec. 2. The foregoing section shall not be construed as subject- 
 ing the property hereby exempted, or any portion thereof, to any lien 
 by reason of any execution levied on property which has been 
 subsequently restored to the defendant, or judgment rendered or 
 docketed, on or after the 17th of April, 1861, and before the 2d day 
 of March, 1867, for any debt contracted previous to the 4th day of 
 April, 1865, except debts of the character mentioned in either of the 
 above first three exceptions. 
 
 Sec. 3. Nothing contained in this article shall be construed to 
 interfere with the sale of the property aforesaid, or any portion 
 thereof, by virtue of any mortgage, deed of trust, pledge, or other 
 security thereon. 
 
 Sec. 4. The general assembly is hereby prohibited from passing 
 any law staying the collection of debts, commonly known as "stay 
 laws"; but this section shall not be construed as prohibiting any 
 legislation which the general assembly may deem necessary to fully 
 carry out the provisions of this article. 
 
 Sec. 5. The general assembly shall, at its first session under this 
 constitution, prescribe in what manner and on what conditions the 
 said householder or head of a family shall thereafter set apart and 
 hold for himself and family, a homestead out of any property hereby 
 exempted, and may, in its discretion, determine in what manner and 
 on what conditions he may thereafter hold, for the benefit of himselt 
 and family such personal property as he may have, and coming 
 within the exemption hereby made. But this section shall not be 
 construed as authorizing the general assembly to defeat or impair 
 the benefits intended to be conferred by the provisions of this article. 
 
 Sec. 6. An act of the general assembly, entitled "an act to 
 exempt the homesteads of families from forced sales," passed April 
 
148 APPENDIX 
 
 29th, 1867, and an act entitled "an act to stay the collection of debts 
 for a limited period," passed March 2d, 1866, and the acts amenda- 
 tory thereof, are hereby abrogated. 
 
 Sec. 7. The provisions of this article shall be construed liberally, 
 to the end that all the intents thereof may be fully and perfectly 
 carried out. 
 
 Church Property 
 
 Sec. 8. The rights of ecclesiastical bodies in and to church 
 property, conveyed to them by regular deeds of conveyance, shall 
 not be affected by the late civil war, nor by any antecedent or sub- 
 sequent event, nor by any act of the legislature purporting to govern 
 the same, but all such property shall pass to and be held by the 
 parties set forth in the original deeds of conveyance, or the legal 
 assignees of such original parties holding through or by conveyance, 
 and any act or acts of the legislature in opposition thereto shall be 
 null and void. 
 
 Heirship of Property 
 
 Sec. 9. The children of parents, one or both of whom were 
 slaves at and during the period of cohabitation, and who were 
 recognized by the father as his children, and whose mother was 
 recognized by such father as his wife, and was cohabited with as 
 such, shall be as capable of inheriting any estate whereof such father 
 may have died seized or possessed, as though they had been born 
 in lawful wedlock. 
 
 ARTICLE XII 
 
 FUTURE CHANGES IN THE CONSTITUTION 
 
 Sec. I. Any amendment or amendments to the constitution may 
 be proposed in the Senate and House of Delegates, and if the same 
 shall be agreed to by a majority of the members elected to each 
 of the two houses, such proposed amendment or amendments shall 
 be entered on their journals, with the ayes and noes taken thereon, 
 and referred to the general assembly to be chosen at the next 
 general election of senators and members of the House of Delegates, 
 and shall be published for three months previous to the time of 
 making such choice. And if in the general assembly so next chosen 
 as aforesaid, such proposed amendment or amendments shall be 
 
CONSTITUTION OF VIRGINIA 1 49 
 
 agreed to by a majority of all the members elected to each house, 
 then it shall be the duty of the general assembly to submit such pro- 
 posed amendment or amendments to the people in such manner and 
 at such times as the general assembly shall prescribe ; and if the 
 people shall approve and ratify such amendment or amendments by 
 a majority of the electors qualified to vote for members of the 
 general assembly voting thereon, such amendment or amendments 
 shall become part of the constitution. 
 
 Sec. 2. At the general election to be held in the year 1888, and 
 in each twentieth year thereafter, and also at such time as the 
 general assembly may by law provide, the question, " Shall there be 
 a convention to revise the constitution and amend the same ? " shall 
 be decided 'by the electors qualified to vote for members of the 
 general assembly ; and in case a majority of the electors so qualified, 
 voting at such election shall decide in favor of a convention for such 
 purpose, the general assembly at its next session shall provide by 
 law for the election of delegates to such convention : provided, That 
 no amendment or revision shall be made which shall deny or in any 
 way impair the right of suffrage, or any civil or political right as 
 conferred by this constitution, except for causes which apply to all 
 persons and classes without distinction. 
 
 SCHEDULE 
 
 That no inconvenience may arise from the changes in the consti- 
 tution of this state, and in order to carry the same into complete 
 operation, it is hereby declared that — 
 
 Sec. I . The common law and the statute laws now in force not 
 repugnant to this constitution, shall remain in force until they expire 
 by their own limitation, or are altered or repealed by the legislature. 
 
 Sec. 2. All writs, actions, causes of action, prosecutions^ and 
 rights of individuals and of bodies corporate, and of the state, and 
 all charters of incorporation, shall continue; and all indictments 
 which shall have been found, or which may hereafter be found, for 
 any crime or offence committed before the adoption of this consti- 
 tution, may be proceeded upon as if no change had taken place. 
 The several courts, except as herein otherwise provided, shall con- 
 tinue with the like powers and jurisdiction, both in law and in 
 
1 50 APPENDIX 
 
 equity, as if this constitution had not been adopted, and until the 
 organization of the judicial department of this constitution. 
 
 Sec. 3. That all fines, penalties, forfeitures, and escheats accruing 
 to the state of Virginia under the present constitution and laws, 
 shall accrue to the use of the state under this constitution. 
 
 Sec. 4. That all recognizances, bonds, obligations, and all other 
 instruments entered into or executed before the adoption of this 
 constitution, to the people of the state of Virginia, to any state, 
 county or township, or any public officer or public body, or which 
 may be entered into or executed, under existing laws, " to the people 
 of the state of Virginia," to any such officer or public body, before 
 the complete organization of the department of government under 
 this constitution, shall remain binding and valid ; and rights and 
 liabilities upon the same shall continue, and may be prosecuted as 
 provided by law. All crimes and misdemeanors, and penal actions, 
 shall be tried, punished and prosecuted, as though no change had 
 taken place, until otherwise provided by law. 
 
CONSTITUTION OF THE UNITED STATES— 178Ti 
 
 We the people of the United States, in order to form a more perfect 
 union, establish justice, insure domestic tranquillity, provide for the com- 
 mon defense, promote the general welfare, and secure the blessings of 
 liberty to ourselves and our posterity, do ordain and establish this Con- 
 stitution for the United States of America. 
 
 ARTICLE I 
 
 Section 1. All legislative powers herein granted shall be vested in 
 a Congress of the United States, which shall consist of a Senate and 
 House of Representatives. 
 
 Section 2. 1 The House of Representatives shall be composed of 
 members chosen every second year by the people of the several States, 
 and the electors in each State shall have the qualifications requisite for 
 electors of the most numerous branch of the State legislature. 
 
 2 No person shall be a representative who shall not have attained to 
 the age of twenty-five years, and been seven years a citizen of the United 
 States, and who shall not, when elected, be an inhabitant of that State in 
 which he shall be chosen. 
 
 3 Representatives and direct taxes shall be apportioned among the 
 several States which may be included within this Union, according to 
 their respective numbers, which shall be determined by adding to the 
 whole number of free persons, including those bound to service for a term 
 of years, and excluding Indians not taxed, three fifths of all other per- 
 sons.2 The actual enumeration shall be made within three years after 
 the first meeting of the Congress of the United States, and within every 
 subsequent term of ten years, in such manner as they shall by law direct. 
 The number of representatives shall not exceed one for every thirty 
 thousand, but each State shall have at least one representative ; and until 
 such enumeration shall be made, the State of New Hampshire shall be 
 
 1 This reprint of the Constitution exactly follows the text of that in the 
 Department of State at Washington, save in the spelling of a few words. 
 
 2 Superseded by the 14th Amendment. (See p. 165.) 
 
 151 
 
152 APPENDIX 
 
 entitled to choose three, Massachusetts eight, Rhode Island and Provi- 
 dence Plantations one, Connecticut five. New York six. New Jersey four, 
 Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North 
 Carolina five. South Carolina five, and Georgia three. 
 
 4 When vacancies happen in the representation from any State, the 
 executive authority thereof shall issue writs of election to fill such 
 vacancies. 
 
 6 The House of Representatives shall choose their speaker and other 
 oflBcers, and shall have the sole power of impeachment. 
 
 Section 3. 1 The Senate of the United States shall be composed of 
 two senators from each State, chosen by the legislature thereof for six 
 years ; and each senator shall have one vote. 
 
 2 Immediately after they shall be assembled in consequence of the 
 first election, they shall be divided as equally as may be mto three 
 classes. The seats of the senators of the first class shall be vacated at 
 the expiration of the second year, of the second class at the expiration of 
 the fourth year, and of the third class at the expiration of the sixth year, 
 so that one third may be chosen every second year ; and if vacancies 
 happen by resignation, or otherwise, during the recess of the legislature 
 of any State, the executive thereof may make temporary appointments 
 until the next meeting of the legislature, which shall then fill such 
 vacancies. 
 
 3 No person shall be a senator who shall not have attained to the age 
 of thirty years, and been nine years a citizen of the United States, and 
 who shall not, when elected, be an inhabitant of that State for which he 
 shall be chosen. 
 
 4 The Vice President of the United States shall be President of the 
 Senate, but shall have no vote, unless they be equally divided. 
 
 6 The Senate shall choose their other officers, and also a president pro 
 tempore, in the absence of the Vice President, or when he shall exercise 
 the office of President of the United States. 
 
 6 The Senate shall have the sole power to try all impeachments. 
 "When sitting for that purpose, they shall be on oath or affirmation. 
 When the President of the United States is tried, the chief justice shall 
 preside : and no person shall be convicted without the concurrence of two 
 thirds of the members present. 
 
 7 Judgment in cases of impeachment shall not extend further than to 
 removal from office, and disqualification to hold and enjoy any office of 
 honor, trust or profit under the United States : but the party convicted 
 shall nevertheless be liable and subject to indictment, trial, judgment and 
 punishment, according to law. 
 
 Section 4. 1 The times, places, and manner of holding elections for 
 
CONSTITUTION OF THE UNITED STATES 1 53 
 
 senators and representatives, shall be prescribed in each State by the 
 legislature thereof ; but the Congress may at any time by law make or 
 alter such regulations, except as to the places of choosing senators. 
 
 2 The Congress shall assemble at least once in every year, and such 
 meeting shall be on the first Monday in December, unless they shall by 
 law appoint a different day. 
 
 Section 5. 1 Each House shall be the judge of the elections, returns 
 and qualifications of its own members, and a majority of each shall con- 
 stitute a quorum to do business ; but a smaller number may adjourn from 
 day to day, and may be authorized to compel the attendance of absent 
 members, in such manner, and under such penalties as each House may 
 provide. 
 
 2 Each House may determine tlie rules of its proceedings, punish its 
 members for disorderly behavior, and, with the concurrence of two thirds, 
 expel a member. 
 
 3 Each House shall keep a journal of its proceedings, and from time 
 to time publish the same, excepting such parts as may in their judgment 
 require secrecy; and the yeas and nays of the members of either House 
 on any question shall, at the desire of one fifth of those present, be 
 entered on the journal. 
 
 4 Neither House, during the session of Congress, 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 sitting. 
 
 Section 6. 1 The senators and representatives shall receive a com- 
 pensation for their services, to be ascertained by law, and paid out of the 
 Treasury of the United States. They shall in all cases, except treason, 
 felony and breach of the peace, be privileged from arrest during their 
 attendance at the session of their respective Houses, and in going to and 
 returning from the same ; and for any speech or debate in either House, 
 they shall not be questioned in any other place. 
 
 2 No senator or representative shall, during the time for which he 
 was elected, be appointed to any civil office under the authority of the 
 United States, which shall have been created, or the emoluments whereof 
 shall have been increased during such time ; and no person holding any 
 office under the United States shall be a member of either House during 
 his continuance in office. 
 
 Section 7. 1 All bills for raising revenue shall originate in the 
 House of Representatives ; but the Senate may propose or concur with 
 amendments as on other bills, 
 
 2 Every bill which shall have passed the House of Representatives and 
 the Senate, shall, before it become a law, be presented to the President 
 of the United States ; if he approve he shall sign it, but if not he shall 
 
154 APPENDIX 
 
 return it, with his objections to that House in which it shall have origi- 
 nated, who shall enter the objections at large on their journal, and proceed 
 to reconsider it. If after such reconsideration two thirds of that House 
 shall agree to pass the bill, it shall be sent, together with the objections, 
 to the other House, by which it shall likewise be reconsidered, and if 
 approved by two thirds of that House, it shall become a law. But in all 
 such cases the votes of both Houses shall be determined by yeas and nays, 
 and the names of the persons voting for and against the bill shall be en- 
 tered on the journal of each House respectively. If any bill shall not be 
 returned by the President within ten days (Sundays excepted) after it 
 shall have been presented to him, the same shall be a law, in like manner 
 as if he had signed it, unless the Congress by their adjournment prevent 
 its return, in which case it shall not be a law. 
 
 3 Every order, resolution, or vote to which the concurrence of the 
 Senate and House of Representatives may be necessary (except on a ques- 
 tion of adjournment) shall be presented to the President of the United 
 States ; and before the same shall take effect, shall be approved by him, 
 or being disapproved by him, shall be repassed by two thirds of the Senate 
 and House of Representatives, according to the rules and limitations pre- 
 scribed in the case of a bill. 
 
 Section 8. 1 The Congress shall have power to lay and collect 
 taxes, duties, imposts and excises, to pay the debts and provide for the 
 common defense and general welfare of the United States ; but all duties, 
 imposts and excises shall be uniform throughout the United States ; 
 
 2 To borrow money on the credit of the United States ; 
 
 3 To regulate commerce with foreign nations, and among the several 
 States, and with the Indian tribes ; 
 
 4 To establish an uniform rule of naturalization, and uniform laws on 
 the subject of bankruptcies throughout the United States ; 
 
 6 To coin money, regulate the value thereof, and of foreign coin, and 
 fix the standard of weights and measures ; 
 
 6 To provide for the punishment of counterfeiting the securities and 
 current coin of the United States ; 
 
 7 To establish post offices and post roads ; 
 
 8 To promote the progress of science and useful arts by securing for 
 limited times to authors and inventors the exclusive right to their respec- 
 tive writings and discoveries ; 
 
 9 To constitute tribunals inferior to the Supreme Court ; 
 
 10 To define and punish piracies and felonies committed on the high 
 seas, and offenses against the law of nations ; 
 
 11 To declare war, grant letters of marque and reprisal, and make 
 rules concerning captures on land and water j 
 
CONSTITUTION OF THE UNITED STATES 1 55 
 
 12 To raise and support armies, but no appropriation of money to that 
 
 use shall be for a longer term than two years ; 
 
 13 To provide and maintain a navy ; 
 
 14 To make rules for the government and regulation of the land and 
 naval forces ; 
 
 15 To provide for calling forth the militia to execute the laws of the 
 Union, suppress insurrections and repel invasions ; 
 
 16 To provide for organizing, arming, and disciplming the militia, and 
 for governing such part of them as may be employed in the service of the 
 United States, reserving to the States respectively the appointment of the 
 ofiBcers, and the authority of training the militia according to the disci- 
 pline prescribed by Congress ; 
 
 17 To exercise exclusive legislation in all cases whatsoever, over such 
 district (not exceeding ten miles square) as may, by cession of particular 
 States and the acceptance of Congress, become the seat of the government 
 of the United States,^ and to exercise like authority over all places pur- 
 chased by the consent of the legislature of the State in which the same 
 shall be, for the erection of forts, magazines, arsenals, dockyards, and 
 other needful buildings ; and 
 
 18 To make all laws which shall be necessary and proper for carrying 
 into execution the foregoing powers, and all other powers vested by this 
 Constitution in the government of the United States, or in any department 
 or officer thereof. 
 
 Section 9. 1 The migration or importation of such persons as any 
 of the States now existhig shall think proper to admit, shall not be pro- 
 hibited by the Congress prior to the year one thousand eight hundred and 
 eight, but a tax or duty may be imposed on such importation, not exceed- 
 ing ten dollars for each person. 2 
 
 2 The privilege of the writ of habeas corpus shall not be suspended, 
 unless when in cases of rebellion or invasion the public safety may require 
 it. 
 
 3 No bill of attainder or ex post facto law shall be passed. 
 
 4 No capitation, or other direct, tax shall be laid, unless in proportion 
 to the census or enumeration hereinbefore directed to be taken. 
 
 5 No tax or duty shall be laid on articles exported from any State. 
 
 6 No preference shall be given by any regulation of commerce or reve- 
 nue to the ports of one State over those of another : nor shall vessels 
 bound to, or from, one State be obliged to enter, clear, or pay duties in 
 another. 
 
 1 The District of Columbia, which comes under these regulations, bad not 
 then been erected. 
 
 2 See also Article V, p. 160. 
 
1 56 APPENDIX 
 
 7 No money shall be drawn from the treasury, but in consequence of 
 appropriations made by law ; and a regular statement and account of the 
 receipts and expenditures of all public money shall be published from time 
 to time. 
 
 8 No title of nobility shall be granted by the United States : and no 
 person holding any oflBce of profit or trust under them, shall, without the 
 consent of the Congress, accept of any present, emolument, office, or title, 
 of any kind whatever, from any king, prince, or foreign State. 
 
 Section lO.^ 1 No State shall enter into any treaty, alliance, or con- 
 federation ; grant letters of marque and reprisal ; coin money ; emit bills 
 of credit ; make anything but gold and silver coin a tender in payment of 
 debts ; pass any bill of attainder, ex post facto law, or law impairing the 
 obligation of contracts, or grant any title of nobility. 
 
 2 No State shall, without the consent of the Congress, lay any imposts 
 or duties on imports or exports, except what may be absolutely necessary 
 for executing its inspection laws : and the net produce of all duties and 
 imposts laid by any State on imports or exports, shall be for the use of 
 the treasury of the United States ; and all such laws shall be subject to 
 the revision and control of the Congress. * 
 
 3 No State shall, without the consent of Congress, lay any duty of 
 tonnage, keep troops, or ships of war in time of peace, enter into any 
 agreement or compact with another State, or with a foreign power, or 
 engage in war, unless actually invaded, or in such imminent danger as 
 will not admit of delay. 
 
 ARTICLE II 
 
 Section 1. 1 The executive power shall be vested in a President of 
 the United States of America. He shall hold his office during the term of 
 four years, and, together with the Vice President, chosen for the same 
 term, be elected, as follows 
 
 2 Each State shall appoint, in such manner as the legislature thereof 
 may direct, a number of electors, equal to the whole number of senators 
 and representatives to which the State may be entitled in the Congress : 
 but no senator or representative, or person holding an office of trust or 
 profit under the United States, shall be appointed an elector. 
 
 The electors shall meet in their respective States, and vote by ballot 
 for two persons, of whom one at least shall not be an inhabitant of the 
 same State with themselves. And they shall make a list of all the per- 
 sons voted for, and of the number of votes for each ; which list they shall 
 sign and certify, and transmit sealed to the seat of the government of the 
 
 X 3ee also the 10th Amendment, p. 163. 
 
CONSTITUTION OF THE UNITED STATES 15/ 
 
 United States, directed to the president of the Senate. The president of the 
 Senate shall, in the presence of the Senate and House of Representatives, 
 open all the certificates, and the votes shall then be counted. The person 
 having the greatest number of votes shall be the President, if such number 
 be a majority of the whole number of electors appointed ; and if there be 
 more than one who have such majority, and have an equal number of 
 votes, then the House of Representatives shall immediately choose by 
 ballot one of them for President ; and if no person have a majority, then 
 from the five highest on the list the said house shall in like manner choose 
 the President. But in choosing the President, the votes shall be taken 
 by States, the representation from each State having one vote ; a quorum 
 for this purpose shall consist of a member or members from two thirds of 
 the States, and a majority of all the States shall be necessary to a choice. 
 In every case, after the choice of the President, the person having the 
 greatest number of votes of the electors shall be the Vice President. But 
 if there should remain two or more who have equal votes, the Senate 
 shall choose from them by ballot the Vice President.^ 
 
 3 The Congress may determine the time of choosing the electors, and 
 the day on which they shall give their votes ; which day shall be the same 
 throughout the United States. 
 
 4 No person except a natural bom citizen, or a citizen of the United 
 States, at the time of the adoption of this Constitution, shall be eligible to 
 the office of President ; neither shall any person be eligible to that office 
 who shall not have attained to the age of thirty-five years, and been four- 
 teen years a resident within the United States. 
 
 5 In case of the removal of the President from office, or of his death, 
 resignation, or inability to discharge the powers and duties of the said 
 office, the same shall devolve on the Vice President, and the Congress 
 may by law provide for the case of .removal, death, resignation, or ina- 
 bility, both of the President and Vice President, declaring what officer 
 shall then act as President, and such officer shall act accordingly, until 
 the disability be removed, or a President shall be elected. 
 
 6 The President shall, at stated times, receive for his services a com- 
 pensation, which shall neither be increased nor diminished during the 
 period for which he shall have been elected, and he shall not receive 
 within that period any other emolument from the United States, or any 
 of them. 
 
 7 Before he enter on the execution of his office, he shall take the fol- 
 lowing oath or affirmation: — "I do solemnly swear (or affirm) that I 
 will faithfully execute the office of President of the United States, and 
 
 1 Superseded by the 12th Amendment. (See p. 164.) 
 
158 APPENDIX 
 
 will to the best of my ability, preserve, protect and defend the Constitu- 
 tion of the United States." 
 
 Section 2. 1 The President shall be commander in chief of the 
 army and navy of the United States, and of the militia of the several 
 States, when called into the actual service of the United States ; he may 
 require the opinion, in writing, of the principal oflBcer in each of the 
 executive departments, upon any subject relating to the duties of their 
 respective ofl&ces, and he shall have power to grant reprieves and pardons 
 for offenses against the United States, except in cases of impeachment. 
 
 2 He shall have power, by and with the advice and consent of the 
 Senate, to make treaties, provided two thirds of the senators present con- 
 cur ; and he shall nominate, and by and with the advice and consent of 
 the Senate, shall appoint ambassadors, other public ministers and consuls, 
 judges of the Supreme Court, and all other officers of the United States, 
 whose appointments are not herein otherwise provided for, and which 
 shall be established by law: but the Congress may by law vest the 
 appointment of such inferior officers, as they think proper, in the Presi- 
 dent alone, in the courts of law, or in the heads of departments. 
 
 3 The President shall have power to fill up all vacancies that may 
 happen during the recess of the Senate, by granting commissions which 
 shall expire at the end of their next session. 
 
 Section 3. He shall from time to time give to the Congress infor- 
 mation of the state of the Union, and recommend to their consideration 
 such measures as he shall judge necessary and expedient ; he may, on 
 extraordinary occasions, convene both Houses, or either of them, and in 
 case of disagreement between them with respect to the time of adjourn- 
 ment, he may adjourn them to such time as he shall think proper ; he 
 shall receive ambassadors and other public ministers ; he shall take care 
 that the laws be faithfully executed,, and shall commission all the officers 
 of the United States. 
 
 Section 4. The President, Vice President, and all civil officers of the 
 United States, shall be removed from office on impeachment for, and con- 
 viction of, treason, bribery, or other high crimes and misdemeanors. 
 
 ARTICLE III 
 
 Section 1. The judicial power of the United States shall be vested 
 in one Supreme Court, and in such inferior courts as the Congress may 
 from time to time ordain and establish. The judges, both of the Supreme 
 and inferior courts, shall hold their offices during good behavior, and 
 shall, at stated times, receive for their services, a compensation which 
 shall not be diminished during their continuance in office. 
 
 Section 2. 1 The judicial power shall extend to all cases, in law and 
 
CONSTITUTION OF THE UNITED STATES 1 59 
 
 equity, arising under this Constitution, the laws of the United States, 
 and treaties made, or which shall be made, under their authority ; — to 
 all cases affecting ambassadors, other public ministers and consuls ; — 
 to all cases of admiralty and maritime jurisdiction ; — to controversies to 
 which the United States shall be a party ; — to controversies between two 
 or more States ; — between a State and citizens of another State ; 1 — be- 
 tween citizens of different States, — between citizens of the same State 
 claiming lands under grants of different States, and between a State, or 
 the citizens thereof, and foreign States, citizens or subjects. 
 
 2 In all cases affecting ambassadors, other public ministers and con- 
 suls, and those in which a State shall be party, the Supreme Court shall 
 have original jurisdiction. In all the other cases before mentioned, the 
 Supreme Court shall have appellate jurisdiction, both as to law and to 
 fact, with such exceptions, and under such regulations as the Congress 
 shall make. 
 
 3 The trial of all crimes, except in cases of impeachment, shall be by 
 jury ; and such trial shall be held in the State where the said crimes shall 
 have been committed ; but when not committed within any State, the 
 trial shall be at such place or places as the Congress may by law have 
 directed. 
 
 Section 3. 1 Treason against the United States, shall consist only in 
 levying war against them, or in adhering to their enemies, giving them 
 aid and comfort. No person shall be convicted of treason unless on the 
 testimony of two witnesses to the same overt act, or on confession in 
 open court. 
 
 2 The Congress shall have power to declare the punishment of treason, 
 but no attainder of treason shall work corruption of blood, or forfeiture 
 except during the life of the person attainted. 
 
 ARTICLE IV 
 
 Section 1. Full faith and credit shall be given in each State to the 
 public acts, records, and judicial proceedings of every other State. And 
 the Congress may by general laws prescribe the manner in which such 
 acts, records and proceedings shall be proved, and the effect thereof. 
 
 Section 2. 1 The citizens of each State shall be entitled to all privi- 
 leges and immunities of citizens in the several States. 
 
 2 A person charged in any State with treason, felony, or other crime, 
 who shall flee from justice, and be found in another State, shall on de- 
 mand of the executive authority of the State from which he fled, be 
 delivered up to be removed to the State having jurisdiction of the crime. 
 
 1 See the 11th Amendment, p. 164. 
 
l60 APPENDIX 
 
 3 No person held to service or labor in one State, under the laws 
 thereof, escaping into another, shall, in consequence of any law or regu- 
 lation therein, be discharged from such service or labor, but shall be 
 delivered up on claim of the party to whom such service or labor may 
 be due. 
 
 Section 3. 1 New States may be admitted by the Congress into this 
 Union ; but no new State shall be formied or erected within the jurisdic- 
 tion of any other State ; nor any State be formed by the junction of two 
 or more States, or parts of States, without the consent of the legislatures 
 of the States concerned as well as of the Congress. 
 
 2 The Congress shall have power to dispose of and make all needful 
 rules and regulations respecting the territory or other property belonging 
 to the United States ; and nothing in this Constitution shall be so con- 
 strued as to prejudice any claims of the United States, or of any particular 
 State. 
 
 Section 4. The United States shall guarantee to every State in this 
 Union a republican form of government, and shall protect each of them 
 against invasion ; and on application of the legislature, or of the execu- 
 tive (when the legislature cannot be convened) against domestic violence. 
 
 ARTICLE V 
 
 The Congress, whenever two thirds of both Houses shall deem it 
 necessary, shall propose amendments to this Constitution, or, on the 
 application of the legislatures of two thirds of the several States, shall 
 call a convention for proposing amendments, which, in either case, shall 
 be valid to all intents and purposes, as part of this Constitution, when 
 ratified by the legislatures of three fourths of the several States, or by 
 conventions in three fourths thereof, as the one or the other mode of 
 ratification may be proposed by the Congress ; Provided that no amend- 
 ment which may be made prior to the year one thousand eight hundred 
 and eight shall in any manner affect the first and fourth clauses in the 
 ninth section of the first article ; and that no State, without its consent, 
 shall be deprived of its equal suffrage in the Senate. 
 
 ARTICLE VI 
 
 1 All debts contracted and engagements entered into, before the 
 adoption of this Constitution, shall be as valid against the United States 
 under this Constitution, as under the Confederation. 
 
 2 This Constitution, and the laws of the United States which shall be 
 made in pursuance thereof ; and all treaties made, or which shall be made, 
 under the authority of the United States, shall be the supreme law of the 
 
CONSTITUTION OF THE UNITED STATES 
 
 l6l 
 
 land ; and the judges in every State shall be bound thereby, anything in 
 the Constitution or laws of any State to the contrary notwithstanding. 
 
 3 The senators and representatives before mentioned, and the mem- 
 bers of the several State legislatures, and all executive and judicial ofi&cers, 
 both of the United States, and of the several States, shall be bound by 
 oath or afi&rmation to support this Constitution ; but no religious test 
 shall ever be required as a qualification to any office or public trust under 
 the United States. 
 
 ARTICLE VII 
 
 The ratification of the conventions of nine States shall be sufficient for 
 the establishment of this Constitution between the States so ratifying the 
 same.- 
 
 Done in Convention by the unanimous consent of the States present the 
 seventeenth day of September in the year of our Lord one thousand 
 seven hundred and eighty-seven, and of the independence of the United 
 States of America the twelfth. In witness whereof we have hereunto 
 subscribed our names, 
 
 Go: Washington — 
 
 Presidt. and Deputy from Virginia 
 
 New Hampshire 
 John Langdon 
 Nicholas Oilman 
 
 Massachusetts 
 Nathaniel Gorham 
 Rufus King 
 
 Connecticut 
 Wm. Saml. Johnson 
 Roger Sherman 
 
 New York 
 Alexander Hamilton 
 
 New Jersey 
 Wil: Livingston 
 David Brearley 
 
 Wm. Paterson 
 Jona: Dayton 
 
 Pennsylvania 
 B. Franklin 
 Thomas Mifflin 
 Robt. Morris 
 Geo. Clymer , 
 Thos. Fitzsimons 
 Jared IngersoU 
 James Wilson 
 Gouv Morris 
 
 Delaware 
 Geo : Read 
 Gunning Bedford Jun 
 John Dickinson 
 Richard Bassett 
 Jaco: Broom 
 
 1 After the Constitution had been adopted by the Convention it was ratified 
 by conventions held in each of the states. 
 
 CIV. gov't of VA. — II 
 
1 62 APPENDIX 
 
 Maryland South Carolina 
 
 James McHenry J. Eutledge, 
 
 Dan of St. Thos Jenifer Charles Cotesworth Pinckney 
 
 Danl. Carroll Charles Pinckney 
 
 Pierce Butler. 
 Virginia 
 
 John Blair— Georgia 
 
 James Madison Jr. William Few 
 
 Abr Baldwin 
 North Carolina 
 
 Wm. Blount 
 
 Richd. Dobbs Spaight 
 
 Hu Williamson. 
 
 Attest William Jackson Secretary. 
 
 Articles in addition to, and amendment of, the Constitution of the United 
 States of America, proposed by Congress, and ratified by the legisla- 
 tures of the several States pursuant to the fifth article of the original 
 Constitution. 
 
 ARTICLE II 
 
 Congress shall make no law respecting an establishment of religion, or 
 prohibiting the free exercise thereof ; or abridging the freedom of speech, 
 or of the press ; or the right of the people peaceably to assemble, and to 
 petition the government for a redress of grievances. 
 
 ARTICLE II 
 
 A well regulated militia, being necessary to the security of a free State, 
 the right of the people to keep and bear arms, shall not be infringed. 
 
 ARTICLE III 
 
 No soldier shall, in time of peace be quartered in any house, without 
 the consent of the owner, nor in time of war, but in a manner to be pre- 
 scribed by law. 
 
 ARTICLE IV 
 
 The right of the people to be secure in their persons, houses, papers, 
 and effects, against unreasonable searches and seizures, shall not be vio- 
 lated, and no warrants shall issue, but upon probable cause, supported by 
 
 I The first ten Amendments were adopted iu 1791, 
 
CONSTITUTION OF THE UNITED STATES 1 63 
 
 oath or affirmation, and particularly describing the place to be searched, 
 and the persons or things to be seized. 
 
 ARTICLE V 
 
 No person shall be held to answer for a capital, or otherwise infamous 
 crime, unless on a presentment or indictment of a grand jury, except in 
 cases arising in the land or naval forces, or in the militia, when in actual 
 service in time of war or public danger ; nor shall any person be subject 
 for the same offense to be twice put in jeopardy of life or limb ; nor shall 
 be compelled in any criminal case to be a witness against himself, nor be 
 deprived of life, liberty, or property, without due process of law; nor shall 
 private property be taken for public use without just compensation. 
 
 ARTICLE VI 
 
 In all criminal prosecutions, the accused shall enjoy the right to a 
 speedy and public trial, by an impartial jury of the State and district 
 wherein the crime shall have been committed, which district shall have 
 been previously ascertained by law, and to be informed of the nature and 
 cause of the accusation ; to be confronted with the witnesses against him ; 
 to have compulsory process for obtaining witnesses in his favor, and to 
 have the assistance of counsel for his defense. 
 
 ARTICLE VII 
 
 In suits at common law, where the value in controversy shall exceed 
 twenty dollars, the right of trial by jury shall be preserved, and no fact 
 tried by a jury shall be otherwise reexamined in any court of the United 
 States, than according to the rules of the common law. 
 
 ARTICLE VIII 
 
 Excessive bail shall not be required, nor excessive fines imposed, nor 
 cruel and unusual punishments inflicted. 
 
 ARTICLE IX 
 
 The enumeration in the Constitution of certain rights shall not be 
 construed to deny or disparage others retained by the people. 
 
 ARTICLE X 
 
 The powers not delegated to the United States by the Constitution, nor 
 prohibited by it to the States, are reserved to the States respectively, or to 
 the people. 
 
164 APPENDIX 
 
 ARTICLE XII 
 
 The judicial power of the United States shall not be construed to extend 
 to any suit in law or equity, commenced or prosecuted against one of the 
 United States by citizens of another State, or by citizens or subjects of 
 any foreign State. 
 
 ARTICLE XII 2 
 
 The electors shall meet in their respective States, and vote by ballot 
 for President and Vice President, one of whom, at least, shall not be an 
 inhabitant of the same State with themselves ; they shall name in their 
 ballots the person voted for as President, and in distinct ballots the person 
 voted for as Vice President, and they shall make distinct lists of all per- 
 sons voted for as President and of all persons voted for as Vice President, 
 and of the number of votes for each, which lists they shall sign and 
 certify, and transmit sealed to the seat of the government of the United 
 States, directed to the president of the Senate; — The president of the 
 Senate shall, in presence of the Senate and House of Representatives, 
 open all the certificates and the votes shall then be counted ; — The person 
 having the greatest number of votes for President shall be the President, 
 if such number be a majority of the whole number of electors appointed ; 
 and if no person have such majority, then from the persons having the 
 highest numbers not exceeding three on the list of those voted for as 
 President, the House of Representatives shall choose immediately, by 
 ballot, the President. But in choosing the President, the votes shall be 
 taken by States, the representation from each State having one vote ; a 
 quorum for this purpose shall consist of a member or members from two 
 thirds of the States, and a majority of all the States shall be necessary 
 to a choice. And if the House of Representatives shall not choose a 
 President whenever the right of choice shall devolve upon them, before 
 the fourth day of March next following, then the Vice President shall act 
 as President, as in the case of the death or other constitutional disability 
 of the President. The person having the greatest number of votes as 
 Vice President shall be the Vice President, if such number be a majority 
 of the whole number of electors appointed, and if no person have a 
 majority, then from the two highest numbers on the list, the Senate shall 
 choose the Vice President ; a quorum for the purpose shall consist of two 
 thirds of the whole number of senators, and a majority of the whole 
 number shall be necessary to a choice. But no person constitutionally 
 ineligible to the office of President shall be eligible to that of Vice Presi- 
 dent of the United States. 
 
 1 Adopted in 1798. « Adopted in 1804. 
 
CONSTITUTION OF THE UNITED STATES 1 65 
 
 ARTICLE XIII 1 
 
 Section 1. 1 Neither slavery nor involuntary servitude, except as 
 punishment for crime whereof the party shall have been duly convicted, 
 shall exist within the United States, or any place subject to their juris- 
 diction. 
 
 2 Congress shall have power to enforce this article by appropriate 
 legislation. 
 
 ARTICLE XIV 2 
 
 1 All persons born or naturalized in the United States, and subject to 
 the jurisdiction thereof, are citizens of the United States and of the State 
 wherein they reside. No State shall make or enforce any law which 
 shall abridge the privileges or immunities of citizens of the United States ; 
 nor shall any State deprive any person of life, liberty, or property, without 
 due process of law ; nor deny to any person within its jurisdiction the 
 equal protection of the laws. 
 
 2 Representatives shall be apportioned among the several States accord- 
 ing to their respective numbers, counting the whole number of persons 
 in each State, excluding Indians not taxed. But when the right to vote 
 at any election for the choice of electors for President and Vice President 
 of the United States, representatives in Congress, the executive and judi- 
 cial officers of a State, or the members of the legislature thereof, is denied 
 to any of the male inhabitants of such State, being twenty-one years 
 of age, and citizens of the United States, or in any way abridged, except 
 for participation in rebellion, or other crime, the basis of representation 
 therein shall be reduced in the proportion which the number of such male 
 citizens shall bear to the whole number of male citizens twenty-one years 
 of age in such State. 
 
 3 No person shall be a senator or representative in Congress, or elector 
 of President and Vice President, or hold any office, civil or military, under 
 the United States, or under any State, who, having previously taken an 
 oath, as a member of Congress, or as an officer of the United States, or 
 as a member of any State legislature, or as an executive or judicial officer 
 of any State, to support the Constitution of the United States, shall have 
 engaged in insurrection or rebellion against the same, or given aid or 
 comfort to the enemies thereof. But Congress may by a vote of two 
 thirds of each House, remove such disability. 
 
 4 The validity of the public debt of the United States, authorized by 
 law, including debts incurred for payment of pensions and bounties for 
 services in suppressing insurrection or rebellion, shall not be questioned. 
 
 1 Adopted ia 1865. « Adopted in 1868. 
 
1 66 APPENDIX 
 
 But neither the United States nor any State shall assume or pay any debt 
 or obligation incurred in aid of insurrection or rebellion against the 
 United States, or any claim for the loss or emancipation of any slave ; 
 but all such debts, obligations and claims shall be held illegal and void. 
 
 5 The Congress shall have power to enforce, by appropriate legislation, 
 ihe provisions of this article. 
 
 ARTICLE XVI 
 
 Section 1. The right of citizens of the United States to vote shall 
 not be denied or abridged by the United States or by any State on account 
 of race, color, or previous condition of servitude. 
 
 Section 2. The Congress shall have power to enforce this article by 
 appropriate legislation. 
 
 1 Adopted in 1870. 
 
THE DECLARATION OF INDEPENDENCE — 1776 
 
 In Congress, July 4, 1776. 
 the unanimous declaration of the thirteen united states op 
 
 AMERICA 
 
 "When, in the course of human events, it becomes necessary for one 
 people to dissolve the political hands which have connected them with 
 another, and to assume, among the powers of the earth, the separate and 
 equal station to which the laws of nature and of nature's God entitle 
 them, a decent respect to the opinions of mankind requires that they 
 should declare the causes which impel them to the separation. 
 
 We hold these truths to be self-evident: that all men are created 
 equal ; that they are endowed by their Creator with certain unalienable 
 rights ; that among these are life, liberty, and the pursuit of happiness. 
 That, to secure these rights, governments are instituted among men, 
 deriving their just powers from the consent of the governed ; that, when- 
 ever any form of government becomes destructive of these ends, it is the 
 right of the people to alter or to abolish it, and to institute new govern- 
 ment, laying its foundation on such principles, and organizing its powers 
 in such form, as to them shall seem most likely to effect their safety and 
 happiness. Prudence, indeed, will dictate that governments long estab- 
 lished, should not be changed for light and transient causes ; and, ac- 
 cordingly, all experience hath shown, that mankind are more disposed to 
 suffer, while evils are sufferable, than to right themselves by abolishing 
 the forms to which they are accustomed. But, when a long train of 
 abuses and usurpations, pursuing invariably the same object, evinces a 
 design to reduce them under absolute despotism, it is their right, it is 
 their duty, to throw off such government, and to provide new guards for 
 their future security. — Such has been the patient sufferance of these 
 colonies ; and such is now the necessity which constrains them to alter 
 their former systems of government. The history of the present king 
 of Great Britain is a history of repeated injuries and usurpations, all hav- 
 ing in direct object the establishment of an absolute tyranny over these 
 States. To prove this, let facts be submitted to a candid world. 
 
 167 
 
1 68 APPENDIX 
 
 He has refused his assent to laws the most wholesome and necessary 
 for the public good. 
 
 He has forbidden his governors to pass laws of immediate and pressing 
 importance, unless suspended in their operation till his assent should be 
 obtained ; and, when so suspended, he lias utterly neglected to attend to 
 them. 
 
 He has refused to pass other laws for the accommodation of large dis- 
 tricts of people, unless those people would relinquish the right of repre- 
 sentation in the legislature, a right inestimable to them and formidable 
 to tyrants only. 
 
 He has called together legislative bodies at places unusual, uncomfort- 
 able, and distant from the depository of their public records, for the sole 
 purpose of fatiguing them into compliance with his measures. 
 
 He has dissolved representative houses repeatedly, for opposing, with 
 manly firmness, his invasions on the rights of the people. 
 
 He has refused, for a long time after such dissolutions, to cause others 
 to be elected ; whereby the legislative powers, incapable of annihilation, 
 have returned to the people at large for their exercise ; the State remain- 
 ing, in the meantime, exposed to all the dangers of invasion from with- 
 out, and convulsions within. 
 
 He has endeavored to prevent the population of these States ; for that 
 purpose obstructing the laws for naturalization of foreigners ; refusing to 
 pass others to encourage their migration hither, and raising the conditions 
 of new appropriations of lands. 
 
 He has obstructed the administration of justice, by refusing his assent 
 to laws for establishing judiciary powers. 
 
 He has made judges dependent on his will alone for the tenure of their 
 oflBces, and the amount and payment of their salaries. 
 
 He has erected a multitude of new offices, and sent hither swarms of 
 officers to harass our people, and eat out their substance. 
 
 He has kept among us in times of peace, standing armies, without the 
 consent of our legislature. 
 
 He has affected to render the military independent of, and superior to, 
 the civil power. 
 
 He has combined, with others, to subject us to a jurisdiction foreign 
 to our constitution, and unacknowledged by our laws ; giving his assent 
 to their acts of pretended legislation : 
 
 For quartering large bodies of armed troops among us : 
 
 For protecting them, by a mock trial, from punishment for any mur- 
 ders which they should commit on the inhabitants of these States : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent ; 
 
THE DECLARATION OF INDEPENDENCE 1 69 
 
 For depriving us, in many cases, of the benefits of trial by jury: 
 
 For transporting us beyond seas to be tried for pretended offenses : 
 
 For abolishing the free system of English laws in a neighboring prov- 
 ince, establishing therein an arbitrary government and enlarging its 
 boundaries, so as to render it at once an example and fit instrument for 
 introducing the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our most valuable laws, and 
 altering, fundamentally, the forms of our governments : 
 
 For suspending our own legislatures, and declaring themselves invested 
 with power to legislate for us in all cases whatsoever. 
 
 He has abdicated government here by declaring us out of his protec- 
 tion, and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, burnt our towns, and 
 destroyed the lives of our people. 
 
 He is, at this time, transporting large armies of foreign mercenaries 
 to complete the works of death, desolation, and tyranny, already begun, 
 with circumstances of cruelty and perfidy scarcely paralleled in the most 
 barbarous ages, and totally unworthy the head of a civilized nation. 
 
 He has constrained our fellow-citizens, taken captive on the high seas, 
 to bear arms against their country, to become the executioners of their 
 friends and brethren, or to fall themselves by their hands. 
 
 He has excited domestic insurrections amongst us, and has endeavored 
 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. 
 
 In every stage of these oppressions, we have petitioned for redress in 
 the most humble terms : our repeated petitions have been answered only 
 by repeated injury. A prince, whose character is thus marked by every 
 act which may define a tyrant, is unfit to be the ruler of a free people. 
 
 Nor have we been wanting in attention to our British brethren. We 
 have warned them, from time to time, of attempts by their legislature to 
 extend an unwarrantable jurisdiction over us. We have reminded them 
 of the circumstances of our emigration and settlement here. We have 
 appealed to their native justice and magnanimity, and we have conjured 
 them, by the ties of our common kindred, to disavow these usurpations, 
 which would inevitably interrupt our connections and correspondence. 
 They too have been deaf to the voice of justice and consanguinity. We 
 must, therefore, acquiesce in the necessity which denounces our separa- 
 tion, and hold them, as we hold the rest of mankind, enemies in war, in 
 peace friends. 
 
 We, therefore, the representatives of the United States of America, In 
 general Congress assembled, appealing to the Supreme Judge of the world 
 
I/O 
 
 APPENDIX 
 
 for the rectitude of our intentions, do, in the name, and by authority of 
 the good people of these colonies, solemnly publish and declare. That 
 these United Colonies are, and of right ought to be, free and independent 
 States ; that they are absolved from all allegiance to the British crown, 
 and that all political connection between them and the state of Great 
 Britain is, and ought to be, totally dissolved ; and that, as free and inde- 
 pendent States, they have full power to levy war, conclude peace, con- 
 tract alliances, establish commerce, and to do all other acts and things 
 which independent States may of right do. And for the support of this 
 declaration, with a firm reliance on the protection of Divine Providence, 
 we mutually pledge to each other our lives, our fortunes, and our sacred 
 honor. John Hancock. 
 
 New Hampshire 
 Josiah Bartlett,! 
 Wm. Whipple, 
 Matthew Thornton. 
 
 Massachusetts Bay 
 Saml. Adams, 
 John Adams, 
 Robt. Treat Paine, 
 Elbridge Gerry. 
 
 Bhode Island 
 Step. Hopkins, 
 William Ellery. 
 
 Connecticut 
 Roger Sherman, 
 Sam'el Huntington, 
 Wm. Williams, 
 Oliver Wolcott. 
 
 New York 
 Wm. Floyd, 
 Phil. Livingston, 
 Frans. Lewis, 
 Lewis Morris. 
 
 Neio Jersey 
 Kichd. Stockton, 
 Jno. Witherspoon, 
 Fras. Hopkinson, 
 John Hart, 
 Abra. Clark. 
 
 Pennsylvania 
 Robt. Morris, 
 Benjamin Rush, 
 Benja. Franklin, 
 John Morton, 
 Geo. Clymer, 
 Jas. Smith, 
 Geo. Taylor, 
 James Wilson, 
 Geo. Ross. 
 
 Delaware 
 Csesar Rodney, 
 Geo. Read, 
 Tho. M'Kean. 
 
 Maryland 
 Samuel Chase, 
 Wm. Paca, 
 Thos. Stone, 
 
 Charles Carroll of Car- 
 rollton. 
 
 Virginia 
 George Wythe, 
 Richard Henry Lee, 
 Th Jefferson, 
 Benja. Harrison, 
 Thos. Nelson, jr., 
 Francis Lightfoot Lee, 
 Carter Braxton. 
 
 North Carolina 
 Wm. Hooper, 
 Joseph Hewes, 
 John Penn. 
 
 South Carolina 
 Edward Rutledge, 
 Thos. Hey ward, Junr., 
 Thomas Lynch, Junr., 
 Arthur Middleton. 
 
 Georgia 
 Button Gwinnett, 
 Lyman Hall, 
 Geo. Walton. 
 
 1 The signatures to the Declaration of Independence and to the Constitution 
 are printed as signed. 
 
INDEX 
 
 Actions or suits at law, 67. 
 
 Adjournment, neither house can ad- 
 journ without the consent of the 
 other, 36. 
 
 Adjutant general, 52. 
 
 Administrative officers, of county 17, 
 18 ; of cities and towns, 32, 33 ; of 
 state, 45-55. 
 
 Allegiances, citizens have two, 13. 
 
 Almshouses, no. 
 
 Amendments to constitution, 102, 103. 
 
 Answer in suit at law, 69. 
 
 Anti-Federalists, 91. 
 
 Appeals, 60-62 
 
 Apportionment of senators and dele- 
 gates, 39, 40. 
 
 Aristocracy, 11. 
 
 Arrest, 59, 70. 
 
 Assembly, General, how constituted, 
 35 ; members of, 35 ; sessions of, 36 ; 
 privileges of members, 37 ; restric- 
 tions upon, 38, 39 ; organization of, 
 40; officers of, 40; committees of, 
 41, n. I. 
 
 Assessment, of taxes, 97 ; of land, 26. 
 
 Assessors of land, 26. 
 
 Attainder, bill of, 39 ; definition of, 39, 
 n. 2. 
 
 Attorney general, 50. 
 
 Auditor, of public accounts, 48, 49 ; 
 second, 49, 50. 
 
 Bail, 59, 71. 
 
 Ballot boxes, furnished by supervis- 
 ors, 20. 
 
 Ballots, official, printed by electoral 
 boards, 86 ; how prepared and de- 
 posited, 87, 88 ; counting of, 88. 
 
 Bill, legislative, how made a law, 42, 43. 
 
 Bill of attainder, 39 ; definition of, 39, 
 n. 2. 
 
 Bill of Rights of Virginia, 99, 122-125. 
 
 Board, of agriculture, 54 ; on Chesa- 
 peake and its tributaries, 54 ; county 
 school, 'J'], 78 ; of education, 76 ; of 
 dental examiners, 54; the district 
 board of school trustees, 79; of 
 health, 53 ; of medical examin- 
 ers, 54 ; of pharmacy, 54 ; of public 
 works, 51, 52 ; school trustee elec- 
 toral, 78 ; county and city electoral, 
 84. 
 
 Case at law, 57, 67-73. 
 
 Caucus, 93. 
 
 Challenging at elections, 88. 
 
 Chancery court, 60, n. 2. 
 
 Chancery proceedings, 69. 
 
 Charter, definition of, 30 ; fundamen- 
 tal law of town or city, 31. 
 
 Chattel mortgage, 25, n. 2. 
 
 City courts, 62, 
 
 City, definition of, 31 ; functions of 
 government of, 31, 32. 
 
 City schools, 81. 
 
 City superintendent of schools, 81. 
 
 Clerk of Senate, 41 ; of House, 41 ; of 
 county court, 25. 
 
 Coinage of money, 13, 107. 
 
 Commerce, regulations of, 13. 
 
 17] 
 
1/2 
 
 INDEX 
 
 Commissioner, of fisheries, 54; of 
 
 . sinking fund, 52; of railroads, 53. 
 
 Committees, legislative, 41, n. i ; of 
 political parties, 92. 
 
 Common law, definition of, 67, n. i. 
 
 Commonwealth's attorney, 24. 
 
 Congress, each state represented in, 
 106; powers of, 107. 
 
 Conscience, liberty of, 10, 100. 
 
 Constable, 23. 
 
 Constitution, definition of, 12. 
 
 Constitution of Virginia, revisions of, 
 99 ; outline of, 99-103 ; text of, 
 120-150. 
 
 Constitution of the United States, in- 
 terpretations of, 91; text of, 151- 
 166. 
 
 Contract, definition of, 25, n. i ; obli- 
 gations of, not to be impaired, 39. 
 
 Convention, constitutional, 103. 
 
 Coroner, 21, 22. 
 
 Corporation, definition of, 16, n. i. 
 
 Council, 31,32. 
 
 Counterfeit coins, warrants to search 
 for, 23. 
 
 Countmg votes, 88. 
 
 County, origin of, 15 ; formation of 
 new, 16; importance of, 16; func- 
 tions of government of, 17 ; officers 
 of, 17, 18. 
 
 County clerk, 25. 
 
 County seat, the, 17. 
 
 Court procedure, 67-73. 
 
 Court, the justice's, 58,59; the county, 
 59, 60 ; the circuit, 60, 61 ; the su- 
 preme of appeals, 61, 62. 
 
 Crimes, 56, 57, 69-73. 
 
 Declaration of Independence, 167- 
 
 170. 
 Declaration in suit at law, 67. 
 Decree, definition of, 24, n. i. 
 Deed, definition of, 25, n. 2. 
 Defendant, 57. 
 Democracy, 11. 
 Departments of government, 12. 
 
 District, magisterial, 16; officers of, 
 
 17, 18. 
 Duties, 10; reciprocal of the state and 
 
 the nation, 107. 
 
 Education, history of popular, 74, 75 ; 
 
 public, 75-81. 
 Election, returns, 88, 89; supplies, 86. 
 Elections, when held, 84; system of, 
 
 84 ; how conducted, 87, 88 ; national, 
 
 106, 107. 
 Electors, presidential, 106. 
 Equalization of taxes, 19, 97, 98. 
 Examination of teachers, 80. 
 Execution in suit at law, 23, n. 2. 
 Executive officers, of county, 20-29; 
 
 of towns and cities, 32-34 ; of state, 
 
 45-55- 
 Executive power, 45. 
 Executives, list of, 113-117. 
 Ex post facto law, definition of, 39, 
 
 n. 3 ; not to be passed, 39. 
 
 Family, government originates in, 10. 
 
 Federalists, 91. 
 
 Felony, 57 ; proceedings in cases of, 
 
 71,72. 
 Fertilizers, inspection of, 51. 
 Fiduciary, definition of, 25, n. 5. 
 Fines, 59, n. i ; 96. 
 Fisheries, commissioner of, 54. 
 Formation of new counties, 16. 
 Formation of towns and cities, 30. 
 Freedom of press, 100. 
 Freedom of speech, guaranteed by 
 
 the constitution, 100. 
 Functions of government, of county, 
 
 17; of town and city, 31, 32; of 
 
 state, 37, 38. 
 
 General Assembly, 35-43. 
 
 General powers of Congress, 13, 107. 
 
 Geologist, 51. 
 
 Government, origin of, 10, n; forms 
 
 of, 11; three departments of, 12; 
 
 constitutional, 99. 
 
INDEX 
 
 173 
 
 Governor, duties of, 45 , 46 ; qualifica- 
 tions of, 47. 
 Grand jury, 64, 65, 70, 71. 
 
 Habeas corpus, definition of, 39, n. i ; 
 72. 
 
 Hampton Normal and Agricultural 
 Institute, no. 
 
 House of Delegates, 35 ; meaning con- 
 veyed by, 38 ; qualifications of mem- 
 bers of, 35, 36; officers of, 40; 
 committees of, 41, n. i. 
 
 House of Representatives, national, 
 105, 106. 
 
 How a law is made, 42, 43. 
 
 Humane institutions, no. 
 
 Idiots, not allowed to vote, 83. 
 
 Impeachment, 39. 
 
 Indictment, 71. 
 
 Insane asylums, no. 
 
 Institution for the Deaf and Dumb 
 
 and Blind, no. 
 Insurrection, suppression of, 46. 
 Internal improvements, 19, 51. 
 
 Jails, no. 
 
 Journals of houses of legislature, 41. 
 
 Judge, of county court, 26; of circuit 
 court, 6o> of supreme court of ap- 
 peals, 61. 
 
 Judgment, definition of, 25, n. 7. 
 
 Judicial circuits, in, 112. 
 
 Judicial department, 56-63. 
 
 Judicial power, necessity of, 56 ; how 
 vested, 56. 
 
 Jurisdiction, definition of, 57, 58 ; of 
 justice's court, 58, 59; of county 
 court, 59, 60; of circuit court, 60, 
 61 ; of supreme court of appeals, 61, 
 62. 
 
 Jury, grand, 64; petit, 64; how ob- 
 tained, 64-66. 
 
 Justice, administration of, 67-73. 
 
 Justice of the peace, 22, 23 ; court of, 
 58. 59- 
 
 Kinds of government, 11. 
 Kinds of taxes, 95, 96. 
 
 Laurel Industrial School, no. 
 
 Lawmaking power, 35. 
 
 Laws, defined, 12 ; classified, 12 ; the 
 
 making of a, 42, 43. 
 Laws of the state, their character and 
 
 scope, 37, 38. 
 Legislature, 35-43. 
 Liberty, 100. 
 License tax, 96. 
 Lieutenant governor, 47, 
 Literary Fund, 74, n. i. 
 Local government, the county the 
 
 unit of, 16. 
 
 Magisterial district, 16; officers of, 
 17, 18. 
 
 Majority of each house, 36. 
 
 Man a social being, 9. 
 
 Mayor, 32, 33. 
 
 Measures and weights, sealer of, 26. 
 
 Meridian, true, 20. 
 
 Message of governor, 46. 
 
 Militia, 52. 
 
 Miller Manual Labor School of Al- 
 bemarle, no. 
 
 Misdemeanor, 57, 70, 71. 
 
 Mode of amending the constitution, 
 102, 103. 
 
 Monarchy, n. 
 
 Money, power of Congress in regard 
 to coining, 13, 107. 
 
 Mortgage, definition of, 25, n. 3. 
 
 Nation, definition of, 12. 
 
 National conventions, 93. 
 
 Nation and state, relations of, los- 
 
 107. 
 Nature of the Federal government, 
 
 13- 
 Necessity for government, n. 
 Nomination of candidates, 93. 
 Normal schools, 80. 
 Norman conquest, 15. 
 
174 
 
 INDEX 
 
 Oath of office, i8. 
 
 Objects of government, how best at- 
 tained, 12. 
 
 Officers, of county, 17-28 ; of city and 
 town, 32, 33; of state, 45-55. 
 
 Ordinance of city or town, 32, 33. 
 
 Ordinance of Secession, 119. 
 
 Overseers of the poor, 21. 
 
 Pardons, granted by governor, 46. 
 
 Parties, political, origin of, in the 
 United States, 91 ; in what coun- 
 tries found, 91 ; a benefit, 91 ; or- 
 ganization of, 92. 
 
 Party platforms, 94. 
 
 Patents, 13, 107. 
 
 Penal institutions, no. 
 
 Penitentiary, the, no. 
 
 Personal property, 96. 
 
 Personal rights, 10. 
 
 Petit jury, 64, 65. 
 
 Plaintiff, 57. 
 
 Polls, 87. 
 
 Poll tax, 95. 
 
 Poor, support of, 21. 
 
 Poor children, provision for education 
 of. 75- 
 
 Poorhouse, no. 
 
 Power, the lawmaking, 35-43 ; the ex- 
 ecutive, 45-55 ; the judicial, 56-62. 
 
 Precinct, 85. 
 
 President, method of electing, 106. 
 
 Primary meetings and elections, 92, 
 
 93- 
 Prison association, 54. 
 Privilege tax, 96. 
 Probate of wills, 59, 61. 
 Property tax, 96. 
 Prosecuting attorney, 24, 25. 
 Public school system, 75-81. 
 Pupils of public schools, 80. 
 
 Qualifications, of voters, 83 ; of mem- 
 bers of General Assembly, 35, 36 ; 
 of governor and lieutenant gov- 
 ernor, 47. 
 
 Quorum, majority of each house con- 
 stitutes, 36. 
 
 Railroad commissioner, 53. 
 Record of deeds, 25. 
 Registrar of voters, 86. 
 Religious freedom, 100. 
 Representatives, national, 106; num- 
 ber of, 106. 
 Republic, 11. 
 
 Restrictions upon the states, 13, 107. 
 R-esults of elections, 88, 89. 
 Revenue, why needed by the state, 
 
 95- 
 Right of suffi"age, 83 ; qualifications 
 
 required for exercise of, 83. 
 Rights, 9, 10 ; different kinds of, 10. 
 Rules, each house of the legislature to 
 
 determine its own, 40. 
 Ruling of a judge or of a court, 25, 
 
 n. 6. 
 
 School district, 16, 75. 
 
 School funds, 80, 81. 
 
 Schools, normal, 80. 
 
 Schools, public, 75-81. 
 
 Search warrant, 23. 
 
 Seat of government, 37. 
 
 Secession, Ordinance of, 119. 
 
 Second auditor, 49. 
 
 Secretary of the commonwealth, 47, 
 
 48. 
 Senate, state, 35; qualifications of 
 
 members of, 35, 36. 
 Sergeant-at-arms, 41. 
 Session of legislature, limit of length 
 
 of, 36. 
 Sheriff, 23, 24. 
 
 Sinking fund, commissioners of, 52. 
 Society, how constituted, 9. 
 Speaker of the House of Delegates, 
 
 40. 
 Speech, freedom of, 100. 
 State, defined, 12. 
 
 State and nation, relations of, 105-107. 
 State Female Normal School, 109. 
 
INDEX 
 
 175 
 
 State officers, 45-55. 
 
 State tax, 96. 
 
 Statute law, 37. 
 
 Subpoena, definition of, 69, n. i. 
 
 Suflfrage, the right of, 83. 
 
 Suit, proceedings in civil, 67-69; in 
 
 criminal, 69-72. 
 Summons, 67, 69. 
 Superintendent of public instruction, 
 
 76. 
 Supervisors, 18 ; board of, 19. 
 Supremacy of the nation, established 
 
 by the Civil War, 105. 
 Supreme court of appeals, 61, 62. 
 Surveyor, 20, 21. 
 
 Taxes, definition of, 95 ; reasons for, 
 95 ; objects for which assessed, 96, 
 97 ; restricted by constitution, 97. 
 
 Tax on privileges, 96. 
 
 Teachers, public school, 80. 
 
 Text-books for schools, uniformity in, 
 76 ; supplied to poor children, 79. 
 
 Tobacco samplers, 53. 
 
 Town, definition of, 31 ; functions of 
 government of, 31, 32. 
 
 Treasurer, county, 20 ; city, 33 ; state, 
 
 so- 
 Trial, in civil cases, 68; in criminal 
 
 cases, 71, 72. 
 Trial juries, 65, 66. 
 
 United States, 13. 
 Unit rule. 93. 
 
 University of Virginia, the founding 
 of, 74, n. I ; government of, 109. 
 
 Vacancies, 18. 
 
 Veto, governor's, 46, 
 
 Village, 31. 
 
 Virginia, two allegiances of her citi- 
 zens, 13 ; the first constitutional gov- 
 ernment in America, 99; outline of 
 the government of, 99-103 ; consti- 
 tution of, 120-150. 
 
 Virginia Military Institute, 109. 
 
 Virginia Normal and Collegiate In- 
 stitute, no. 
 
 Virginia Polytechnic Institute, 109. 
 
 Volunteers, 52. 
 
 Voters, qualifications of, 83. 
 
 Voting, places of, 87 ; method of, 87, 
 88 ; results of, 88, 89. 
 
 Warrant, definitions of, 19, n. 2 ; 22, 
 n. I. 
 
 Weights and measures, sealer of, 26. 
 
 Weighmaster of live stock at Rich- 
 mond, 53. 
 
 Will, definition of, 25, n. 4. 
 
 William and Mary College, 109. 
 
 Workhouses, 32. 
 
 Writ, definition of, 23, n. i. 
 
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