the crown of Great Britain, was totally dissolved: did, therefore, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country would be reduced, unless some regular adequate mode of civil polity should be speedily adopted, and in compliance with the recommendation of the general congress, ordain and declare a form of government of Virginia.

And whereas the general assembly of Virginia, by an act passed on the tenth day of February, in the year of our Lord one thousand eight hundred and twenty-nine, entitled, an act to organize a convention, did authorize and provide for the election, by the people, of delegates and representatives, to meet and assemble, in general convention, at the capital in the city of Richmond, on the first Monday of October, in the year last aforesaid, to consider, discuss, and propose a new constitution, or alterations and amendments to the existing constitution of this commonwealth, to be submitted to the people, and to be by them ratified or rejected.

We, therefore, the delegates and representatives of the good people of Virginia, elected and in convention assembled, in pursuance of the said act of assembly, do submit and propose to the people the following amended constitution and form of government for this commonwealth, that is to say:

ARTICLE 1.

The Declaration of Rights made on the 12th June, 1776, by the representatives of the good people of Virginia, assembled in full and free convention, which pertained to them and their posterity, as the basis and foundation of government, requiring in the opinion of this convention no amendment, shall be prefixed to this constitution, and have the same relation thereto as it had to the former constitution of this commonwealth.

ARTICLE 2.

The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that the justices of the county courts shall be eligible to either house of assembly

ARTICLE 3.

1. The legislature shall be formed of two distinct branches, which to. gether shall be a complete legislature, and shall be called the general assembly of Virginia.

2. One of these shall be called the house of delegates, and shall consist of one hundred and thirty-four members, to be chosen, annually, for and by the several counties, cities, towns, and boroughs, of the commonwealth; whereof thirty-one delegates shall be chosen for and by the twenty-six counties lying west of the Alleghany mountains: twentyfive, for and by the fourteen counties lying between the Alleghany and Blue Ridge of mountains; forty-two for and by the twenty-nine counties lying east of the Blue Ridge of mountains and above tide-water, and thirty-six, for and by the counties, cities, towns, and boroughs

lying upon tide-water, that is to say: Of the twenty-six counties lying west of the Alleghany, the counties of Harrison, Montgomery, Monongalia, Ohio, and Washington, shall each elect two delegates; and the counties of Brooke, Cabell, Grayson, Greenbrier, Giles, Kanawha, Lee, Lewis, Logan, Mason, Monroe, Nicholas, Pocahontas, Preston, Randolph, Russell, Scott, Tazewell, Tyler, Wood, and Wyrthe, shall each elect one delegate. Of the fourteen counties lying between the Alleghany and Blue Ridge, the counties of Frederick and Shenandoah, shall each elect three delegates; the counties of Augusta, Berkely, Botetourt, Hampshire, Jefferson, Rockingham, and Rockbridge, shall each elect two delegates; and the counties of Alleghany, Bath, Hardy, Morgan, and Pendleton, shall each elect one delegate. Of the twenty-nine counties lying east of the Blue Ridge and above tide-water, the county of Loudoun shall elect three delegates; the counties of Albemarle, Bedford, Brunswick, Buckingham, Campbell, Culpeper, Fauquier, Franklin, Halifax, Mecklenburg, and Pittsylvania, shall each elect two delegates; and the counties of Amelia, Amherst, Charlotte, Cumberland, Dinwiddie, Fluvanna, Goochland, Henry, Louisa, Lunenburg, Madison, Nelson, Nottoway, Orange, Patrick, Powhatan, and Prince Edward, shall each elect one delegate. And of the counties, cities, towns, and boroughs lying on tide-water, the counties of Accomack and Norfolk shall each elect two delegates; the counties of Caroline, Chesterfield, Essex, Fairfax, Greenesville, Gloucester, Hanover, Henrico, Isle of Wight, King and Queen, King William, King George, Nansemond, Northumberland, Northampton, Princess Anne, Prince George, Prince William, Southampton, Spottsylvania, Stafford, Sussex, Surry, and Westmoreland, and the city of Richmond, the borough of Norfolk, and the town of Petersburg, shall each elect one delegate; the counties of Lancaster and Richmond shall together elect one delegate; the counties of Matthews and Middlesex shall together elect one delegate; the counties of Elizabeth City and Warwick shall together elect one delegate; the counties of James City and York, and the city of Williamsburg, shall together elect one delegate; and the counties of New Kent and Charles City shall together elect one delegate.

3. The other house of the general assembly shall be called the senate, and shall consist of thirty-two members, of whom thirteen shall be chosen for and by the counties lying west of the Blue Ridge of mountains, and nineteen for and by the counties, cities, towns, and boroughs lying east thereof; and for the election of whom, the counties, cities, towns, and boroughs shall be divided into thirty-two districts, as hereinafter provided. Each county of the respective districts, at the time of the first election of its delegate or delegates under this constitution, shall vote for one senator; and the sheriffs or other officers holding the election for each county, city, town, or borough within five days at farthest after the last county, city, town, or borough election in the district, shall meet at some convenient place, and from the polls so taken in their respective counties, cities, towns, or boroughs, return as a senator the person who shall have the greatest number of votes in the whole district. To keep up this assembly by rotation, the districts shall be equally divided into four classes, and numbered by lot. At the end of one year after the first general election, the eight members elected by the first division shall be displaced, and the vacancies thereby occasioned, supplied from

such class or division by new election in the manner aforesaid. This rotation shall be applied to each division according to its number, and continued in due order annually. And for the election of senators, the counties of Brooke, Ohio, and Tyler, shall form one district: the counties of Monongalia, Preston, and Randolph, shall form another district : the counties of Harrison, Lewis, and Wood, shall form another district : the counties of Kanawha, Mason, Cabell, Logan, and Nicholas, shall form another district: the counties of Greenbrier, Monroe, Giles, and Montgomery, shall form another district: the counties of Tazewell, Wythe, and Grayson, shall form another district: the counties of Washington, Russell, Scott, and Lee, shall form another district: the counties of Berkeley, Morgan, and Hampshire, shall form another district: the counties of Frederick and Jefferson shall form another district: the counties of Shenandoah and Hardy shall form another district: the counties of Rockingham and Pendleton shall form another district: the counties of Augusta and Rockbridge shall form another district: the counties of Alleghany, Bath, Pocahontas, and Botetourt, shall form another district: the counties of Loudoun and Fairfax shall form another district: the counties of Fauquier and Prince William shall form another district the counties of Stafford, King George, Westmoreland, Richmond, Lancaster, and Northumberland, shall form another district: the counties of Culpeper, Madison, and Orange, shall form another district : the counties of Albemarle, Nelson, and Amherst, shall form another district: the counties of Fluvanna, Goochland, Louisa, and Hanover, shall form another district: the counties of Spottsylvania, Caroline, and Essex, shall form another district: the counties of King and Queen, King William, Gloucester, Matthews, and Middlesex, shall form another district: the counties of Accomack, Northampton, Elizabeth City, York, and Warwick, and the city of Williamsburg, shall form another district: the counties of Charles City, James City, New Kent, and Henrico, and the city of Richmond, shall form another district: the counties of Bedford and Franklin shall form another district: the counties of Buckingham, Campbell, and Cumberland, shall form another district: the counties of Patrick, Henry, and Pittsylvania, shall form another district: the counties of Halifax and Mecklenburg shall form another district: the counties of Charlotte, Lunenburg, Nottoway, and Prince Edward, shall form another district: the counties of Amelia, Powhatan, and Chesterfield, and the town of Petersburg, shall form another district: the counties of Brunswick, Dinwiddie, and Greenesville, shall form another district: the counties of Isle of Wight, Prince George, Southampton, Surry, and Sussex, shall form another district : and the counties of Norfolk, Nansemond, and Princess Anne, and the borough of Norfolk, shall form another district.

4. It shall be the duty of the legislature, to re-apportion, once in ten years, to wit: in the year 1841, and every ten years thereafter, the representation of the counties, cities, towns, and boroughs, of this commonwealth, in both of the legislative bodies: Provided, however, that the number of delegates from the aforesaid great districts, and the number of senators from the aforesaid two great divisions, respectively, shall neither be increased nor diminished by such re-apportionment. And when a new county shall hereafter be created, or any city, town, or borough, not now entitled to separate representation in the house of delegates, shall

have so increased in population as to be entitled, in the opinion of the general assembly, to such representation, it shall be the duty of the general assembly to make provision by law for securing to the people of such new county, or such city, town, or borough, an adequate representation. And if the object cannot otherwise be effected, it shall be competent to the general assembly to re-apportion the whole representation of the great district containing such new county, or such city, town, or borough, within its limits; which re-apportionment shall continue in force till the next regular decennial re-apportionment.

5. The general assembly, after the year 1841, and at intervals thereafter of not less than ten years, shall have authority, two-thirds of each house concurring, to make re-apportionments of delegates and senators, throughout the commonwealth, so that the number of delegates shall not at any time exceed 150, nor of senators 36.

6. 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, boroughs, and towns of the state, according to their respective numbers, which shall be determined by adding to the whole number of persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.

7. Any person may be elected a senator who shall have attained to the age of thirty years, and shall be actually a resident and freeholder within the district, qualified by virtue of his freehold 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 shall have attained the age of twenty-five years, and shall be actually a resident and freeholder within the county, city, town, borough, or election district, qualified by virtue of his freehold to vote for members of the general assembly according to this constitution: Provided, that all persons holding lucrative offices, and ministers of the gospel, and priests of every denomination, shall be incapable of being elected members of either house of assembly.

8. The members of the assembly shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury: but no law increasing the compensation of the members shall take effect until the end of the next annual session after such law shall have been enacted. And no senator or delegate shall, during the term for which he shall have been elected, be appointed to any civil office of profit under the commonwealth, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people.

9. The general assembly shall meet once or oftener every year. Neither house, during the session of the legislature, 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. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide. And each house shall choose its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election for supplying intermediate

vacancies. But if vacancies shall occur by death or resignation, during the recess of the general assembly, such writs may be issued by the governor, under such regulations as may be prescribed by law. Each house shall judge of the election, qualification, and returns of its members; may punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence.

10. All laws shall originate in the house of delegates, to be approved or rejected by the senate, or to be amended with the consent of the house of delegates.

11. The privilege of the writ of habeas corpus shall not in any case be suspended. The legislature 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 abridging the freedom of speech, or of the press. No man shall be compelled 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 no wise affect, diminish, or enlarge their civil capacities. And the legislature shall not prescribe any religious test whatever; nor confer any peculiar privileges or advantages on any one sect or denomination; nor 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 for 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 make for his support such private contract as he shall please.

12. The legislature may provide by law that no person shall be capable of holding or being elected to any post of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be a second to either party, or shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such challenge or acceptance; but no person shall be so disqualified by reason of his having heretofore fought such duel, or sent or accepted such challenge, or been a second in such duel, or bearer of such challenge or acceptance.

13. The governor, the judges of the court of appeals and superior courts, and all others offending against the state, either by maladministration, corruption, neglect of duty, or any other high crime or misdemeanour, shall be impeachable by the house of delegates; such impeachment to be prosecuted before the senate, which shall have the sole power to try all impeachments. When sitting for that purpose, the senate shall be on oath or affirmation: and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit under the commonwealth; but the party convicted shall nevertheless be