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CONSTITUTION OF VIRGINIA--1902.
f their representatives duly elected
mt. in like manner, assented for the Whereas, pursuant to an act of the General Assembly of Virginia, approves SEL. 7. That all power of sus Varch the fifth, in the year of our Lord nineteen hundred: the question m autbority, without consent of t there be a convention to revise the Constitution and amend the same?" was their rights, and ought not to be e submitted to the electors of the State of Virginia, qualified to vote for mentes
Ser, S. That no man shall be of the General Assembly, at an election held throughout the State on the fourth be law of the land, or the judgmer Thursday in May, in the year nineteen hundred, at which election a major alled in any criminal proceeding to of the electors so qualified voting at said election did decide in favor of a newire in jeopardy for the same offvention for such purpose; and,
monwealth in all prosecutions Whereas, the General Assembly at its next session a
did provide by law fir sate revenue. the election of delegates to such convention, in pursuance whereof the members
That in all criminal prosecution of this convention were elected by the good people of Virginia, to meet in ce a nature of his accusation, to be vention for such purpose.
We, therefore, the people of Virginia, só assembled in Convention three call for evidence in his favor, ai our représentatives, with gratitude to God for His past favors, and invokinga as vicinage, without whose unanim
del. borerer, that in any crimin blessings upon the result of our deliberations, do ordain and establish the folos ing revised and amended Constitution for the government of the Commonwealit person by the accused, and with ti
ealth, entered of record, the cour ARTICLE I.
t punishable by death, or contine BILL OF RIGHTS.
ity, with the consent of the ac
er the Commonwealth, both entered A Declaration of Rights, made by the representatives of the good people
lear and determine the case, withoVirginia assembled in full and free convention, which rights do pertais
General Assembly may provide for to then and their posterity, as the basis and foundation of government.
confinement ių the penitentiary, Section 1. That all men are by nature equally free and independent, serving in all such cases, the right have certain inberent rights, of which, when they enter into a state of sociat they cannot, by any compact, deprive or divest their posterity; namely, as in the circuit or corporation co enjoyment of life and liberty, with the means of acquiring and possessile by death, or continement in the property, and pursuing and obtaining happiness and safety.
i prescribe the number of jurors SEC. 2. That all power is vested in, and consequently derived from,
SEC. 9. That excessive bail ou people; that magistrates are their trustees and servants, and at all times
posed. nor cruel and unusual pu amenable to them.
That general warrant SEC. 3. That government is, or ought to be, instituted for the commanded to search suspected pla benefit, protection and security of the people, nation or community; of allt
to seize any person or persons no various modes and forms of government, that is best, which is capable of cerited and supported by evidence ducing the greatest degree of happiness and safety, and is most effectually be granted. cured against the danger of maladministration; and, whenever any governme
Sec. 11. That no person shall shall be found inadequate or contrary to these purposes, a majority of t
ss of law, and in controversies r community hath an indubitable, inalienable, and indefeasable right to refund man. trial by jury is preferabl alter or abolish it, in such manner as shall be judged most conducive to that the General Assembly may lin public weal.
mait and corporation courts to u SEC. 4. That no man, or set of men, is entitled to exclusive or seperties of the peace or to not less emoluments or privileges from the community, but in consideration of pube
SEC. 12, That the freedom of services; which not being descendible, neither ought the offices of magistrat lerty, and can
never be restraine legislator or judge to be hereditary.
muy freely speak, write and publish SEC. 5. That the legislative, executive, and judicial departments of the ble for the abuse of that right. State should be separate and distinct; and that the members thereof maple
SEC. 13. That a well-regulated restrained from oppression, by feeling and participating the burthens of trained to arms. is the proper, 'n people, they should. at fixed periods, be reduced to a private station Termes et standing armies, in time of plied by regular clections, in which all or any part of the former members stato, and governed by the civile into that body from which they were originally taken, and the vacancies be lerty; and that in all cases the
SEC. 6. That all elections ought to be free; and that all men, having that no government separate cient evidence of permanent common interest with, and attachment to the center frenia ought to lie erected or cesta damaged in, their property for public uses, without their own consent, or the ened to ans people
, but be remom The convention which framed the Constitution of Virginia nassembled in Pictures frugality and virtue. and is mitted to the electors for ratification; it was proclaimed by the convention on June
SEC. 16. That religion, or the 1902, and became operative on July 10, 1902. Its validity, called in question becsse ito nad pot been submitted to the lectors for ratification, was upheld by the supreme cummer of discharging it, 'can be
of appeals , , in . ,
ir representatives duly elected, or bound by any law to which they have
like manner, assented for the public good. X. 7. That all power of suspending laws, or the execution of laws, by uthority, without consent of the representatives of the people, is injurious ir rights, and ought not to be exercised. X. 8. That no man shall be deprived of his life, or liberty, except by w of the land, or the judgment of his peers; nor shall any man be comin any criminal proceeding to give evidence against himself, nor be put in jeopardy for the same offence, but an appeal may be allowed to the onwealth in all prosecutions for the violation of a law relating to the revenue. nat in all criminal prosecutions à man hath a right to demand' the cause ature of his accusation, to be confronted with the accusers and witnesses,
for evidence in his favor, and to a speedy trial by an impartial jury of inage, without whose unanimous consent he cannot be found guilty; prohowever, that in any criminal case, úpon a plea of guilty, tendered in
by the accused, and with the consent of the attorney for the Common, entered of record, the court shall, and in a prosecution for an offence nishable by death, or continement in the penitentiary, upon a plea of not
with the consent of the accused, given in person, and of the attorney Commonwealth, both entered of record, the court, in its discretion, may nd deteripine the case, without the intervention of a jury; and, that the 1 Assembly may provide for the trial of offences not punishable by death, finement iỳ the penitentiary. hy a justice of the peace, without jury, pre, in all such cases, the right of the accused to an appeal to and trial by
the circuit or corporation court; and may also provide for juries consistless than twelve, but not less than five, for the trial of offences not punish
death, or confinement in the penitentiary, and may classify such cases. escribe the number of jurors for each class. c. 9. That excessive bail ought not to be required, nor 'excessive fines d, nor cruel and unusual punishments inflicted. E. 10. That general warrants, whereby an officer or messenger may be nded to search suspected places without evidence of a fact committed, eize any person or persons not named, or whose offence is not particularly ed and supported by evidence, åre grievous and oppressive, and ought not ranted. C. 11. That no person shall be deprived of his property without due pro
law; and in controversies respecting property, and in suits between man n. trial by jury is preferable to any other, and ought to be held sacred ; - General Assembly may limit the number of jurors for civil cases in
and corporation courts to not less than five in cases now (ognizable by · of the peace or to not less than seven in cases not so cognizable. F. 12. That the freedom of the press is one of the great bulwarks of
and can never be restrained by despotic governments, and any citizen cely speak, write and publish his sentiments on all subjects, being responr the abuse of that right. C. 13. That a well-regulated inilitia, composed of the body of the people,
to arms, is the proper, natural and safe defense of a free State: anding armies, in time of peace, should be avoided as dangerous to
and that in all cases the military should be under strict subordinaand governed by, the civil power. F. 14. That the people have a right to uniform government; and, there. at no government separate fron, or independent of, the government of 1 ought to be erected or established within the limits thereof. F. 15. That no free government, or the blessing of liberty, can be pre.
to any people. but by a firm adherence to justice, moderation, temperrugality and virtue, and by frequent recurrence to fundamental prin
F. 16. That religion, or the duty which we owe to our Creator, and the
of discharging it, can be directed only by reason and conviction, not
So far is consistent with tl
Hy of thie ballot shall be me
boy force or violence; and, therefore, all men are equally entitled to the free ceding, itnd whether he has pre exercise of religion, according to the dictates of conscience; and that it is the and precinct in which he voted last mutual duty of all to practice Christian forbea rance, love and charity towards Third. That he answer on oa each other.
an elector, subinitted t SEC. 17. The rights enumerated in this Bill of Rights shall not be con
Questions, and his answers thereto stried to liniit other rights of the people not therein expresseil.
eit officers, and preserved as a pa
SEC. 21. Any person registere ARTICLE IC:
bare the right to vote for membe
elective by the people, subject to t ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE,
That he, unless exempted by Sec, 18. Every male citizen of the United States, twenty-one years of age.
to the right to vote after the first who has been a resident of the State two years, of the county, city, or torn
personally pay, at least six monti
assessed or assessable against hin one year, and of the precinct in which he offers to vote, thirty days, next pre ceding the election in which he offers to vote, has been registered, and has pai aars next preceding that in wli
register after the first day of Ja luis State poll taxes, ils hereinafter required, shall be entitled to vote for men
nless physically unable, prepare bers of the General Assembly and all officers elective by the people; but removal
printed form as the law may pre from one precinct to another, in the same county, city or town shall not deprive
este may be aided in the preparat il ny person of his right to vote in the precinct from which he has moved, uoti
e himself mar designate. the expiration of thirty days after such removal.
SEC. 22. No person who, dur SEC, 19). There shall be general registrations in the counties, cities and
in the army or nary of the Unit towns of the State during the year's nineteen hundred and two and ninetera
štate of the United States, or of lundred :und three at such times and in such manner as may be prescribed by a
required to pay a poll tax as a pre ordinance of this Convention. At such registrations every male citizen of the United States, having the qualifications of age and residence required in stilection of the State poll tax :
by legal process until the same ha eighteen shall be entitled to register, if he be :
Ser. 23. The following per: First. A person who, prior to the adoption of this Constitution, served
Teting: Idiots, insane persons an time of war in the army or navy of the United States, of the Confederate States
this Constitution, were disquali or of any State of the l'nited States or of the Confederate States; or,
cithin or without this state, and Second. A son of any such person; or,
persons convicted after the ada Thiru. A person, who owns property, upon wbich, for the year next preced
mitbout this state, of treason, on ing that in which he offers to register State taxes ilggregating at least one dollar
ing money or property under fails have been paid; or,
persons, who, while citizens of thi Fourth. A person able to read llly section of this Constitution submittel
bare fonght it duel with it deal to him by the otficers of registration and to give it reasonable explanation of the
taht such duel, either within or same; or, if unable to read such section, able to understand and give a reast
Hallenge. or aided or assisted in : able explanation thereof when read to him by the officers.
SEC. 24. Vo officer, soldier. I roll coutuiving the names of all persons thus registered, sworu to and
navy shall be deemed to have certitied by the otficers of registration, shall be filed, for record and preserva
in the State, or in any county, ci tion, in the clerk's office of the circuit court of the county, or the clerk's office
fberein; nor shall an inmate of of the corporation court of the city, as the case may be. Persons thus enrolled
institution of learning be regarde shall not be required to register again, unless they shall have ceased to
to the right of suffrage, by reaso residents of the State, or become disqualified by section Twenty-three. Ang
The General Asser person denied registration under this section shall have the right of appeal
of roters under sectiou Twenty. f to the circuit court of his county, or the corporation court of his city, or to the
for the correction of illegal or fr judge thereof in vacation.
the proper transfer of :ul voters NEC, 20. After the first day of January, nineteen hundred and four, eren
SEC. 205. male citizen of the United States, having the qualitications of age and resident
to vote at the next electionwhat requirel in section Eighteen, shall be entitled to register, provided :
That at the time thereof he is no First. That he personally paid to the proper officer all State poll tare
eid vlection if then qualitied un assessed or assessable against him, under this or the former Constitution, far
SEC, 27. the three year's next preceding that in which he offers to register; or, if h
representative body shall be viv come of age it such time that no poll. tas shall have been assessable agains
tereof. him for the year preceding the year in which he offers to register, has paid ex dollar and fifty cents, in satisfaction of the first year's poll tax assessable aprins
Dat be opened. lior the ballots ca him; and.
Second. That, unless physically umable, he make application to register in his own band-writing, without lidlsuggestion, or memorandum, in the pres
SEC, 25. ence of the registration otficers, stating therein his name, age, date and place of birth, residence :ind occupation :t the time :und for the two years then
Any person who, iu
Ill elections by the
The latest-box shall be kept
The General Asser
tinguishing mark or symbol, for by the jople, and the form i
er he has previously votel, and, if so, the State, county,
he voted last; and, answer on oath any and all questions affecting bis qualifi:: submitted to him by the officers of registration, which iswers thereto shall be reduced to writing, certified by the served as a part of their official records. erson registered under either of the last two sections, shall ote for members of the General Assembly and all officers le, subject to the following conditions:
exempted by section Twenty-two, shall, as a prerequisite after the first day of January, nineteen hundred and four, least six months prior to the election, all State poll taxes ble against him, under this Constitution, during the three og that in which he offers to vote; provided that, if he first day of January, nineteen hundred and four, he shall, mable, prepare and deposit his ballot without aid, on such e law may prescribe, but any voter registered prior to that
in the preparation of his ballot by such officer of election is signate. person who, during the late war between the States, served vy of the United States, or the Confederate States, or any ed States, or of the Confederate States, shall at any time be poll tax as a prerequisite to the right to register or vote. The State poll tax assessed against any one shall not be enforced til the same has become three years past due. e following persons shall be excluded from registering and isime persons and paupers; persons who, prior to the adoption on, were disqualified from voting, by conviction of crime, either
this State, and whose visa bilities shall not have been removed ; il after the adoption of this Constitution, eitlier within or te, of treason, or of any felony, bribery, petit lareeny, obtainperty under false pretenses, embezzlement, forgery, or perjury; lile citizens of this state, after the adoption of this Constitution, luel with it deadly weapon, or seut or accepted a challenge to
either within or without this State, or knowingly conveyed a lesl or assisted in any way in the tighting of such duel. o officer, soldier, seaman, or marine of the United States arniy e deemed to have gained a residence as to the right of suffrage,
in any county, city or town thereof, by reason of being stationed mall an inmate of any charitable institution or a student in any varning be regarded as having either gaived or lost a residence, as suffrage, by reason of his location or sojourn in sich institution. The General Assembly shall provide for the annual registration 1 sectiou Twenty, for an appeał by any person denied registration, tion of illegid or fraudulent registration, thereunder, and also for nsfer of :ul voters registered mder this Constitution. Any person who, in respect to age or residence, would be qualifier
next election, sul he admitted to registration, notwithstanding me thereof he is not so qualified, and shall be entitled to vote at if then qualitied under the provisions of this Constitution.
11! elections by the people shall be by ballot; all elections by any 2 body shall be viva voce and the rote l'ecorded in the journal
ot-box shall be kept in public view during all elections, and shall 1, nor the ballots canvassed or countel, in secret. is consistent with the provisions of this Constitution, the absolute de ballot shall be maintained.
The General Assembly shall provide for ballots without any dis. mark or symbol, for use in all State, county, city, and other elections ile, and the form thereof shall be the same in all places where
certified cop manner as
any such election is held. All ballots shall contain the names of the candi-for the purpose of
securing the dates, and of the offices to be filled, in clear print and in due and orderly primary elections, and
preventing succession ; but any voter may erase any name and insert another.
etion therewith; and shall have p SEC. 29. No voter, during the time of holding any election at which he shments now or herefter prescribe is entitled to vote, shall be compelled to perform military service, except in persons convicted of them shall th time of war or public danger; to attend any court as suitor, juror, or witness; ang office and no voter shall be subject to arrest under any civil process during hissar37. The General Assembly m attendance at election or in going to or returning therefrom.
Weer in any one or no pre counties, c SEC. 30. The General Assembly may prescribe a property qualification not for receiving, recor ding, and cou exceeding two hundred and fifty dollars for voters in any county or subdivision the secrecy of the yo cing be not th thereof, on city or town, as a prerequisite for voting in any election for officers, SEL. 38. After the tim -st day of Ja other than the members of the General Assembly, to be wholly elected by the samer of each county a ad city shall, voters of such county or subdivision thereof, or city, or town; such action. King, file with the cler k of the circ if taken, to be had upon the initiative of a representative in the General Asselbe court of bis city, a list of all bly of the county, city or town affected; provided, that the General Assembly in pot later than six months prior its discretion may make such exemptions from the operation of said property d by this Constitu cion during t qualification as shall not be in conflict with the constitution of the United such election is held = which list si States.
!!! Inabofit districts or wards, Shall state th Sec. 31. There shall be in each county and city an electoral board, com dall be verified by the oath of the posed of three members, appointed by the circuit court of the county or the the receipt of the list, shall make corporation court of the city, or the judge of the court in vacation. Of those, and shall deliver one copy for first appointed, one shall be appointed for a term of one year, one for a terme sheriff of the county or sergean of two years, and one for a term of three years; and thereafter their successors de copy, without delay, at each of shall be appointed for the full term of three years. Any vacancy occurring the receipt thereof, t
o make retur in any board shall be filled by the same authority for the unexpired term. and dates at which Each electoral board shall appoint the judges, clerks, and registrars of ert shall record in a
book kept in election for its county or city; and, in appointing judges of election, representa in his office for pubic inspection, tion as far as possible shall be given to each of the two political parties which ist, not less than ter at the general election next preceding their appointment, cast the highest and oblishel in such other next highest number of votes.
returned by the treasurer shall be No person, nor the deputy of any person, holding any office or post of profit public records of his office for at i or emolument, under the United States government, or who is in the emplos: thirty days after the list has be ment of such government, or holding any elective office of profit or trust in the his eapitation tax, buat whose nam State, or in any county, city, or town thereof, shall be appointed a member of tire days written no the electoral board, or registrar, or judge of election.
, of corporation cou. SEC. 32. Every person qualified to vote shall be eligible to any office of the
the same corrected and his nam State, or of any county, city, town, or other subdivision of the State, wherein or judge shall prom ptly hear an he resides, except as otherwise provided in this Constitution, and except that
The clerk shall delive r', or cause to this provision as to residence shall not apply to any office elective by the fable time before every election, age shall be eligible to the office of notary public, and qualified to execute the desive evidence of the facts there bonds required of them in that capacity.
stall also, within sixty days aft SEC. 33. The terms of all officers elected under this constitution shall bezin ard a certified co thereof, with vided in this constitution. All officers elected or appointed shall continue to sount of the poll taxes stated until their successors have qualified.
Farther evidence of the prepayr Sec. 34. Members of the General Assembly and all officers, executive and constitution, as a prerequisitest judicial, elected or appointed after this Constitution goes into effect, shall
, bet pribed by law. fore they enter on the performance of their public duties, severally take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia ordained by the Convention which assembled in the city of Richmond on the twelfth day of June, nineteen hundred and one, and that I will faithfully and impartially dis charge and perform all the duties incumbent on me as to the best of my ability; so help me God." - SEC. 35. No person shall vote at any legalized primary election for the nomination of any candidate for office unless he is at the time registered and qualified to vote at the next succeeding election.
SEC. 36. The General Assembly sh:Jl enact such laws as are necessary and
tice to the tr rt of his city
DIVISION Errept:15 hereinafter vary departments shall be separa powers properly belonging to eithe turer of more than one of them a
ARTI LEGISLATIVE tive power of nisist of a Se