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Chapter 7 No.7

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tica

Present Stat

ividual who was primarily responsible for most of the content in the original Constitution was George Mason. The creation of the first Constitution was unusual in two respects: at the time it was written, the convention members decided upon specific powers whic

rk of a government to meet such needs. Consequently, on four specific occasions, the C

gh all non-real estate owners still could not vote. The term of the Governor was extended to a three-year term with an increase in his powers, and representation was reapportioned to benefit the inhabitants living west of the Blue Ridge Mountains. However, in the redistribution of seats in the House of Delegates, the residents in the Trans-Allegheny section lost some seats. Wh

held in Richmond in the same year. After numerous arguments among the delegates had been voiced over a four months' period, a compromise was eventually adopted. The national census of 1850 was to be used as the official white population count and legislative representation was to be based upon this count: the effect of the compromise was to give the counties west of the Blue Ridge Mountains a majority in the House of Delegates and the counties east of the Blue Ridge Mountains a majority in the State Senate. Additional reforms were adopted which resulted in this 1850 convention sometimes being referred to as "the reform convention": suffrage was extended considerably to white male citizens; oral balloting was

constitution which resulted from this convention is known as the Underwood Constitution because the chairman of the convention was Judge John C. Underwood, a Radical Republican. Some of the provisions of this constitution included the division of each county into townships, the establishment of a county court with a single judge in each county, the appointment of a Board of Supervisors in each county to carry out the executive powers, the levying of a high tax rate on landed property, the compulsory creation of a public school system, the denial of suffrage to m

one year. As a result of this convention (described in Chapter Four), numerous changes were made which were considered so important by the delegates at the convention that they decided to "proclaim" this Constitution of 1902 as the fundamental law of Virgini

of subjects included: the Bill of Rights, Elective Franchise and Qualifications for Office, Division of Powers, Legislative Department, Executive Department, Judiciary Department, Organization and Government of Counties, Organization and Government of Cities and Towns, Education an

nia Bill

in to them and to their posterity, as the basis and foundation of government." The famous Declaration of Rights which follows the introductory paragraph was written by George Mason and introduced at the Williamsburg Convention by Archibald Cary. It was unanimously adopted by the convention members on June 12, 1776, and its pri

irginia Bill of Rights guarantees vari

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 saf

ervants, and at all times amenable to them"-Thus, a principle of democracy is expressed that the right to rule comes f

ny government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal"-Thus, the objective of a government is to benefit, protect and preserve security for the people. The best type

ght the offices of magistrate, legislator or judge to be hereditary"-Thus, the amount of financial profit or gain received by an office-holder in any community is to be based solely upon his rend

rom which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct"-Thus, the principle of the separation of powers is set forth, that is, the legislative, executive and judicial depa

eir own consent, or that of their representatives duly elected, or bound by any law to which they have not, in like manner, assented for the public good"-Thus, all elections should be free and open, and all men who have become regular residents of a community should be allowed

tatives of the people, is injurious to their rights and ought not to be exercised"-Thus, no office-holder should ha

eprived of life or liberty, except by the law of the land or the judgment of his peers; nor be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offense...."-Thus, any man accused of a crime is entitled to certain rights: to be informed of the charges placed aga

ssive fines imposed, nor cruel and unusual punishments infl

y person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be gra

ght to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five in cases cognizable by justices of the peace, or to not less than seven in

d any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right"-Thus, t

eace, 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"-Thus, a militia promot

Virginia, ought to be erected or established within the limits thereof"-Thus, the people in the State should be governed by the same rules and re

ance, frugality and virtue, and by frequent recurrence to fundamental principles"-Thus, government, like men, must be guided by moral principles:

r 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 mutua

ople not therein expressed"-Thus, since there are other rights not included in this Bill of Rights, this

, as guaranteed by the Virginia Bill of Rights, causes one to appreciate deep

ements, Offices

the location of the voting qualifications in the Virginia Constitution. Such qualification

en of the U

twenty-one

of Virginia a

e county, city or to

ng precinct at least thirt

ceipt of such payment is necessary for registration before voting. A resident who, although eligible to vote at the age of twenty-one, has refrained from doing so must p

one's ability to read and write in English a

er oath of the truth of one's statements. Registration in Virginia is now permanent so that after a resident citizen has properly registered, he does not have to repeat this process unless he moves. A noteworthy provision of the Constitution allows any person wh

ecific disabilities which have not been removed, persons convicted of treason, felony, bribery, petit larceny, obtaining money or property u

ia have the opportunity to e

States (every four years), two United States Senators (normally, every six

General (every four years), forty State Senators (every four yea

(every eight years) and Assembly members or members of the Board of Supervisors; City: Treasurer, Sergeant, Mayor, Councilmen, City

used for the official listing of the voters who come to the polls. After all election officials have received their necessary clerical supplies and their instructions, the polls are opened for voting. Thus, a citizen is immediately checked for his proper registration and poll tax payments when he comes to vote. He then receives a ballot which he alone marks secretly in a voting booth. Voting must be performed carefully because a defaced, improperly marked ballot may be challenged and thrown out. He fold

candidates voted for are called off by the election judges. The usual tally method is used, and the word "tally" is spoken by each clerk as the diagonal fifth line is drawn so that any mistakes in the count made by either clerk can be caught quickly. Any time there is disagreement between the tally scores of the two clerks, a complete recounting of the ballots for the candidate whose score disagrees must take place. In case of a tie vote for a Congressman, Assemblyman, or county or city official, the outcome is determined by the Election Board, often b

rms of all officers elected begin on the first day of February after their election unless otherwise stated. The members of the General Assembly and all officers, executive and judicial, elected or appointed, take the following oath or affirmation: "I do solemnly swear (o

cceeding regular election is eligible to vote at any legalized pr

ecutive and Jud

e: namely, that the legislative, executive and judicial departments are to be separate and distinct. To emphasize this idea, the Constitution further states that nei

it is logical for Article IV of the Constitution to consist of a detailed description of th

per house, the Senate, and a lower house, the House of Delegates. This legislative body has been in continuous existence si

e Constitution requires that the House of Delegates consist of not more than one hundred and not less than ninety members. In the present House of Delegates, there are one hundred members, and their term of office is two years. Members of the House are elected to office by the qualified voters of the State House districts on the Tuesday following the first Monday in November of every odd-numbered year. Both the Senatorial and House of Delegates Districts are set up by the General Assembly in that a special commission is appointed by the

rm of office. Likewise, an individual who holds a federal government or state government salaried office or employment or the position of court judge, Commonwealth attorney, sheriff, sergeant, treasurer, assessor of taxes, commissioner of revenue, collector of taxes, or court clerk cannot be a member of eit

alary cannot take effect until the end of the term for which the members voting thereon were elected. The present salary is $1080 per regular sixty-day biennial session (

l session may be called at any time by proclamation of the Governor on his own initiative or by him at the request of two-thirds of the members of both houses. Neither house can, without the consent of the other, adjourn to another place nor for more than three days while a session is still in progress. A quorum is necessary to do business and a majority of the members of each house is considered as a quorum. However, a small number may adj

Senate chooses a president pro tempore (president for-the-time-being) from its own membership. Each house of the General Assembly selects its own officers (Clerk, Sergeant-at-Arms, two Door Keepers), settles its rules of procedures and directs writs of election for filling vacancies which may occur during the General Assembly's session. If vacancies occur during the recess

y (a serious crime) or breach of the peace. They cannot be questioned in any other place for any speech or debate in which they participate in either house. Furthermore, they a

eas" and "nays" of their members on a specific question recorded, such information must be entered in the journal. The Clerk of each house has this important duty of journal-keeping. In

ke laws. In Virginia, every law must be introduced in the form of a bill

r all appropriation bills to be introduced in the House of Delegates; the Clerk of the house in which it originated

of Delegates. In addition, there are a few joint standing committees-Senators and Delegates serving together on a committee-including an auditing committee, nominations and

copies are usually then printed and distributed to the members the next day. When the Clerk, having received the committee

ent, rejection, referral to another committee for further study or approval occurs. If the bill is approved, it is then sent to be engrossed-the contents of the bill is

least two-fifths of the members elected to each house must be participants in the voting. This is performed in Virginia by an electric voting machine. The names of the members voting for and against must be entered on the offi

d signed by the presiding officer of each house in the presence of the house members. The bill is t

a majority of those voting (at least two-fifths of the tota

four-fifths of the members voting in each house may result in the omission of the

SERVATION AND EC

pitol at

ing of any bills which create or establish a new office, which create, continue or revive a debt or charge,

blished at length. After a bill has been successfully passed, it generally cannot take effect until at least ninety days after the adjournment of the General Assembly session during which it was enacted. Two exceptions to this restriction exist: a g

e the Senate which has the sole power to try impeachments. A two-thirds affirmative vote of the senators present is necessary for conviction. If an individual is convicted of impeachment charges, he is subject to the following penalties: removal from office and disqualification from further office-holding under th

have expired and (2) the judges of all circuit, corporate and chancery courts. Although the Governor appoints all the executive department heads, appointme

the state of Virginia is entitled to ten members in the United States House of Representatives, based upon its population in proportion to the other states. In order to determine the sections of the state each member will represent, the state legislatures usually are given the power to divide their states into Congressional election districts as well as state election dis

ded in the subject matter of all schools in the state. Its significance lies in the provisions included in this section which guarantee ad

r commanding a person who has another person in custody to produce the body of such person who is being detained before a court; thus, any person arrested or otherwise detained upon suspicion of crime has the right to demand an immediate hearing in court with a view to determine officially whether or not there is adequate ground

civil rights without even a trial being conducted. In the Seventeenth Century these bills were commonly used in England. The writers of the Virginia Constitution did not believe in having an individual punished or convicted of

which was innocent when done, criminal, and punishes such action." Therefore, the legislature cannot pass criminal legislation after an alleged crime has been committed that, if brought to bear against an accused person, would be to his disadvant

articular action. Such contracts play a most important role in society today and must be regarded with utmost sincerity. The United States Constitution specifical

interchanging of ideas and opinions in general. This, however, does not guarantee absolute freedom: one cannot utter or publish untruths, incite insurrections, encourage the disobedience o

endment later transferred this power from the courts to the General Assembly, making it a legislative rather than a judicial decision. The sovereign power of a state to take private property for public purposes with proper compensation is called the "right of eminent domain." The

s, bestow certain privileges or advantages to a particular sect or denomination and cannot pass any law requiring or authorizing any official church within the state. Likewise, the General Assembly cannot levy taxes on the people forcing them to support the activities of a particular church or the building program of

on's "Statute of Virginia for Religious Freedom." Since it is more difficult to change a provision of a constitution than

ribution of prizes determined by chance or by lot) or to allow the resi

h it is formed cannot be less than 600 square miles after the new county has been formed. No county can be reduced in population below 8,000 people. Whenever any county has a length three times its breadth, or has a length exceeding fifty miles, it may be divided at the discretion of the General Assembly. Such added length can occur as a result

in 1952). In 1648, an Indian district called Chickacoan was formed into the County of Northumberland. From these nine counties eventually 172 counties were created, with the largest number, 116, created from Northumberland. The last change in the number of counties occurred in 1952 when both Elizabeth City County and Warwick County became first class independent cities, thus relinquishing county status. At the presen

rs not prohibited to it by the State or Federal Constitution. A State constitution is often, therefore, a summary of what the state legislative body may not do. The Virginia Constitution specifically states that "the authority of the General Assembly shall extend to all subjects of legislation, not herein forbidden or unrestricted; and a specific grant of authority in this Constitution upon a subject shall not work a restr

tution: the General Assembly cannot enact any local, special or private law

e punishme

nue (the place where a trial is

n of, or changing the rules of, ev

anging cou

axes and for extending the time fo

ting property

r liability of any person, corporation or associat

nto the treasury of the State or the tr

State any extra compensation to any publ

elections or designa

de, mining or manufacturing, o

ranting an

ries, percentages, or allowances of public officers du

rizing the constructions of booms or dams or

r the boundaries of land, or

orations, or amending, renewin

on, association or individual any special

g the name of any private

the charter of a p

amended or repealed as long as they do not have the e

pervisors of counties and the councils of cities and towns powers of local and special legisl

least once a year, the books of the State Treasurer and other government executive officers whose duties concern auditing or accounting for the State revenue and of the public institutions. This committee reports the results of its investigations to the Governor and must arrange for

ate is the Governor. He receives his position by direct election of the qualified voters on the Tuesday following the first Monday in November of every other odd-numbered year-at the same time and place as the election of

is fourth year. This timing allows a new Governor to come into office one week after the General Assembly has convened for its regular session and has had the opportuni

the House of Delegates on the first day of the next session of the General Assembly. Within three days, the Speaker of the House of Delegates must open the returns in the presence of a majority of the Senate and of the

not a native-born citizen, he must have been naturalized for at least ten years preceding his election), (2) he must be at least thir

present time a salary of $20,000 per year. Such compensation cannot be increased or diminished during his term of office. He cannot receive any other emol

nor is to faithfully administer or e

al Assembly the condition of the State in

bly for consideration measures which

bly whenever two-thirds of the

special session whenever, in his opini

nder-in-chief of the St

whenever necessary to repel invasion, suppress i

all relations w

ond except the Lieutenant-Governor (whenever he exercises this power, however, he must report to the General Assembly, at the beginning of the next session, the fact that he suspended

pointing pro tempore (temporary) successors to al

such filling is not otherwise provided for by the Constitution or by laws. (Such appointments must be by commissions

nalties under rules and reg

conviction except those in which the Hou

m conviction for offenses committed prior to or su

ATE CHAMBER

tive

sentences of ca

of each case of fine or penalty remitted, of each reprieve or pardo

upon any subject relating to the duties of their respective offices and institutions (Likewise, he may inspect at any time their official b

neral concerning any question of law affecting his official du

in the name of the Commonwealth of Virginia and aff

ons, Boards and Commissions and appointing all the chief officers and memb

irmation by the General Assembly (for example, the

l bills passed by t

ificant. After a bill has passed both houses of the General Ass

he bill by signing i

After careful consideration here, if it is approved by two-thirds of all the members present (at least a majority of the membership of this house is also required as the minimum present for voting), it will become a law over the Governor's disapproval. This process is called "Over-riding the Veto." The Governor also has the power to veto any particular item or items of an appropriation bill without vetoing the entire bill. Such veto affects only the particular item or

e passed, Sundays excepted, and if the General Assembly i

al Assembly has adjourned in the meantime, making it impossible to return the

s responsibility and authority which the Gover

s to qualify, resigns, is removed from the State or is unable to discharge the powers and duties of his office, the Lieutenant-Governor then assumes the Governorship with its duties, powers and compensation. Normally, the chief duty of the Lieutenant-Governor is to act as permanent chairman of the State Senate. Whil

s as the official secretary to the Governor and is the head of the Division of Records where all records of the official acts of the Governor are kept. The Secretary of the Commonwealth is also the custodian of the official State Seal and is responsible for affixing same to all the offi

titution and agency, and he acts as chief auditor and accountant of the Auditing Committee of the General Assembly. In addition, he is responsible for exposing unauthorized, illegal or unwise handling of state funds to the Governor, the Auditing Com

ds must give bond for the faithful performance of these duties. The amount of t

ly and who does not receive such necessary confirmation cannot start or continue in office and is ineligible fo

tor Vehicles, the Department of Corporations, the Department of Alcoholic Beverage Control, the Department of Labor and Industry, the Department of Agriculture and Immigration, the Department of Workmen's Compensation, the Department of Conservation and Economic Development, the Department of Education, the Department of Highways, the Department of Health, the Department of Welfare and Institutions, the Department of Mental Hygiene and the Department of Professional and Occupational Registration. The Division of Personnel, the Division of the Budget, the Division of Records and t

ides for a Supreme Court of Appeals, Circuit Courts, City Courts and other inferior courts. The jurisdiction of these courts is regulated by law with the exception

are equaled by two or more justices, seniority is then determined by age. The term of office of the justice is twelve years, and they are elected by a joint vote of the Senate and the House of Delegates. Their sole constitutional qualification is that they must have h

subject to any rules and regulations which this court may make. Likewise, the decision of either division does not become the judgment of the Supreme Court of Appeals unless concurred in by at least three judges. Any case which involves a construction of the State Constitution or of the Constitution of the United States must be decided upon by the Supreme Court of Appeals in toto and, furthermore, the assent of at least four of the judges is necessary for the court to determine that any law is or is not contrary to the State Constitution or the Constitution of the United States. If, in such a case, it is impossible

s corpus, mandamus and prohibition. Habeas corpus is a court order which commands a person having another individual in custody to bring before the court the individual detained for the purpose of determining the legality of detention. A mandamus is a court order directed to subordinate courts, corporations, or the like, commanding them to do something therein specified. A

iminal matters, the court may direct a new trial. If the court believes that the accused should be discharged from further prosecution, in such instance, it has the right to order the case ended, thereby

ting judicial circuit below forty thousand. There are thirty-seven judicial circuits in Virginia. The geographical composition of the circuit ranges from one county or city to five counties and one city. Each circuit has one judge chosen by the joint vote of both houses of the General Assembly for a term of eight years. He must possess the same qualifications when chosen as judges of the Supreme Court of Appeals and must live i

n cities where they are located. They have much concurrent jurisdiction with the circuit courts. They are criminal courts and can try cases of felonies committed within one mile of the corporation limits. There are sixteen such courts: Corporation Courts located in Alexa

lled cities of the first class; (2) cities having a population of less than ten thousand according to the last official census are called cities of the second class. In each first class city there may be a corporation

setup is much more convenient to the residents who live a considerable distance from the county seat. This type of court may be abolished by a vote of a majority of the qualified voters of the particular city in which the court is located at a special election held for this purpose. Another method by which a court may cease to exist is by having the office of judge of such a court whose annual salary is less than eight hundred dollars become vacant

the court over which he presides while he is in office. However, the judge of a corporation court of any corporation having a city charter and having less than ten thousand inhabitants may live outside the city limits. Such an individual may be

ion for the administration of any law it may adopt for the purpose of the set

rovide their compensation. The General Assembly has the power to pass laws giving duties to retired judges such as substitute judge work. The salaries of judges are paid out of the State treasury but the State is reimbursed for one-half of the salaries of each of the circuit judges by the counties and cities composing the circuit, based upon their population and of each of the judges of a city of the first class by the ci

cause of removal must be entered on the journal of each house. The judge against whom the General Assembly is about to proceed for removal must have notice of same accompanied by a copy of the alleged ca

fied by the clerks of the various courts. The Constitution requires that indictments (a formal char

includes civil suits which involve limited amounts. In addition, Virginia also has police justices, trial justices, civil justices, civil and police justices, juv

strate Courts or Justice of the Peace Courts. Their jurisdiction inc

and the settling of estates. There is a special Chancery Court located in Richmond which has complete charge of wills to be probated and the settli

ourt which has jurisdiction over cases involving dependent, neglected and delinquen

rg

aw for the State; he renders opinions concerning the interpretation and application of laws upon the request of the Governor or of various Department heads, he presents cases to the Supreme Court of Appeals if the State's interest is involved and he represents the State of Virginia before the Supreme Court of the United States. The

vernment

evel immediately below the state government level is the county. Virginia is divided into ninety-eight counties at the present time. The last original county to be created is Dickenson County, formed in 1880. The largest county in the st

of life and property, the establishment of public schools, the administration of justice, the registration of lega

unty with the exception of Arlington County where the Board of Supervisors is elected at-large from the county. Therefore, the number of members of each Board of Supervisors varies among the counties. A chairman for this group is selected by the members themselves. Their meetings are usually held once a month at the Court House located at the County Seat. The Board of Supervisors carries out various duties such as: (1) supervises county affairs, (

the qualified voters on the first Tuesday after the first Monday in Novembe

y officials and who acts as legal representative of the people of the county; he also acts as prosecutor for all ci

icial, he records all types of county documents (such as deeds, wills, judgments, mortgages, births, divorces, deaths, elections, court trials and mar

s State personal income taxes, prepares personal property tax books and land books and assesses and col

of Revenue, collects the state taxes, keeps the county funds and disburses money upon order

serves warrants of arrests, summons witnesses and jurors whenever necessary, preserves peace in the county, has charge of prisoners, cooperates with the St

upon the county is the State Circuit Judge. Since he tries cases in various counties within his own circuit, he comes in contact with many county officials and has the authority to appoint certain county officials within his own circuit such as (1) a Trial Justice who tries the less important civil and criminal

first county in the United States to adopt the County Manager form of government by popular vote (1932). The major difference between the County Executive and the County Manager Forms of government is found in the fact that, in the former type, the Board of Supervisors makes all key appointments upon the recommendations of a county executive who is employed to act

ts not only as a local government unit but a

In determining such population, the last census of the United States or an enumeration made by authority of the General Assembly must be used as the basis. Any incorporated community which had a city charter when this section of the State Constitution was adopted in 1902, regardless of its numerical population at the time, was allowed to keep its city charter. The General Assembly has the au

three-fold plan or pattern of development: first, an area is established, then incorporated as a town and finally elevated to city status as an independent municipality. During the colonial period, there were only two towns actually incorporat

ville, Falls Church, Fredericksburg, Galax, Hampton (formerly, a second class city; now combined with the town of Phoebus and Elizabeth City County into a first class city since 1952), Harrisonburg, Hopewell, Lynchburg, Martinsville, Newport News, Norfolk, Norton, Petersburg, Portsmouth, Radford, Richmon

er form. The city charter bears a similar relation to the city that the Virginia Constitution bears to the state. The citizens

government available, there are certain

The council acts as the legislative body by passing city or municipal laws called ordinances. Cities are usually divided into various sections called wards. Since representation from each ward is primarily based upon population of the ward, the ci

ion of the City Court Clerk whose eight-year term of office begins at the same time as the city judges' term) are elected on the first Tuesday after the first Monday in November and their term of office begins on the following January 1. Under a constitutional amendme

four-year term. Depending upon the form of city government adopted, the mayor may be essentia

rdinances, by-

s of various city official

horization of the General Assembly for mi

lutions, and other measures and

special provision already has provided for a cou

(for example, the Chief of Police, the Fire Chief, the City Attorn

to the Mayor of a city after it has been passed

rdinance by signing it;

ncil then enters the detailed objections in its journal and reconsiders the original resolution or ordinance in view of such objections. If, afte

ffice of the members of the city council has not expired, it automatically is passed. If, however, during these five days, either the term

the rest of the resolution or ordinance. Any ordinance or resolution which concerns the appropriation of money for an amount over one hundred dollars,

he chief executive officer of the city and he either appoints solely, or with the consent of the city council in some instances, the city officers not constitutionally required to

. He is chairman at the council meetings and may suggest recommendations as possible legislative measures as he sees fit. The city itself is divided into various administrative departments by the council and each department is assigned to a different council member who becomes the head executive or administrative official of that department. Thus, eac

n, the Council members are elected at large by the voters. The Council is the legislative body which makes the local laws. The City Council selects the City Manager who may or may not be an inhabitant of the town, city or state involved. He not only acts as the

e but cannot veto a proposed law. In contrast, the City Manager has the power to appoint the chief officials of the various city government departments, the responsibility for enforcing city ordinances and resolutions, the obligation of attending City Council meetings and of making suggestions and recommenda

nager-exemplify the variety of local government organiz

incorporation. At present, there are approximately two hundred incorporated towns whose functions are carried out and services furnished by the County and the Town governments. Every

daily by either Town, City or County levels of g

and Public

basically the responsibility of the state. There is a State Board of Education consisting of seven members appointed for four-year terms by the Governor with the approval of the General Assembly. The Governor with the approval of the General Assembly also appoints an e

who have reasonable academic and business qualifications for division superintendent of schools (the local school board has the authori

the school fund, accord

management and conduct of the schools, u

use with the General Assembly itself prescribing the time wh

hority to decide for themselves, with the approval of the local legislative body, the number and the boundaries of their school districts. The General Assembly has the right to consolidate into one school division, if it deems it advisable, one or more counties or cities with one or more counti

ollected for offenses against the state and from other funds appropriated by the General Assembly. The only money in the fund which must, by constitutional requirement, be apportioned on a basis of school population for the benefit of the primary and grammar school levels is the annual interest on the Literary Fund, one

a school tax on property, a maximum amount being established by the law. The Board of Supervisors in the co

ision of the University of Virginia) at Fredericksburg, Medical College of Virginia at Richmond, Radford College, (Women's division of Virginia Polytechnic Institute) at Radford, the University of Virginia at Charlottesville, Virginia Military Institute at Lexington, Virginia Polytechnic Institute at Blacksburg and Virginia State College at Petersburg. The State also contro

necessary textbooks, the local school system provides free textbooks to such individuals. The Virginia Constitution has required that there be segregation of white and colored children in the schools of Virginia. However, as a result of a U. S. Supreme Court ruling in 1954, the segregation o

appointed by the Governor with the approval of the Senate for four-year term

neous Pr

f Agriculture and Immigration has three chief functions: to encourage the production and sale of Virginia farm products, to protect the Virginia farmers and consumers by carrying out various state laws concerning food products, and the improvement of such products. The major divisions of this department include the Division of Chemistry, of Statistics, Dairy and Food, Markets, Animal Industry a

Public Welfare. The Department of Welfare and Institutions consists of four divisions: the Division of Corrections which controls the State Penitentiary, the State Farm, the State Industrial Farm for Women, the Southampton Farm, the State Convict Road Force and the Bland Correctional Farm; the Division of General Welfare which helps needy children, elderly individuals, persons who are permanently disabled physically or mentally, and other miscellaneous cases; the Virginia Parole Board which has charge of granting parol

sion is the unit of the state government through which all charters and amendments are issued. Therefore, the State Corporation Commission carries out all the provisions of the Constitution and of the laws for the creation, visitation, supervision, regulation and control of corporations chartered by, or doing business in, the state. The State Corporati

taxes are levied upon businesses. A state capitation or poll tax of one dollar and a half is levied on every resident of the state at least twenty-one years of age; one dollar of which is to be used exclusively for public free schools and the remainder returned to the county or city treasurer to be used for local purposes. Local taxes are also levied on real estate and personal property. Property exempt from taxation by Article XIII includes property owned directly or indirectly by

ticle prohibits the General Assembly from passing a law staying the collection of debts. The General Assembly is authoriz

ndment

endment, the amendment is then referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates. The amendment must then be published for three months previous to election time. Whenever a majority of all th

onstitution, the question of calling such a constitutional convention must be submitted to the qualified voters. If a majority of the voters favor such a convention for the specific purpose included in the original questi

ing to word usage. Article XVII, already described in this chapter under Article

In 1870, the number of words was increased six times the number in the original constitution. The present Constitution which was writ

Symb

belief which is soon recognized or identified with a specific state. The official symbols of the Commonweal

, goddess of courage, garbed as an Amazon representing the "genius of the Commonwealth." In her right hand, Virtus holds a spear which points downward toward the earth and upon which she appears to be resting; in her left hand, she holds a parazonium or sheathed sword which points upward. The head of Virtus is erect and her face upturned. The left foot of Virtus is placed on a prostrate figure of a man who represen

and the harvest, on her left with a sheaf of wheat in her right hand and a cornucopia (horn of plenty symbolizing peace and prosperity) in her left one. At the top of the reverse side of the seal in curved line appears the word, "Perseverando." Originally, the reverse side of the Great Seal had engraved the motto: "

n diameter and it consists of the figures and inscr

this white circle is embroidered or painted, in such a manner as to appear alike on both sides, the official coat-of-arms of the Commonwealth: namely, the identical design of figures

can Dogwood, known technically as the Cornus Florida or F

written by James A. Bland, a South Carolina Negro, was declared the state song although it had been widely recognized and sung by m

MM

tween the national government and the individual states. With the exception of these restrictions, the state constitution determines the political structure or organization within the state area and the various powers and

ion as well as for numerous state bills of rights. The significance attached to voting even in the early post-Revolutionary per

hat the Governor cannot succeed himself (only sixteen states have this restriction), the existence of three types of county government (the County Executive, the County Manager and the County Boar

changes in a constitution whenever necessary is included in the amendment process. Thus, a recent constitutional change was a revision of Section 141 making it legally permissible to permit the use of public funds for tuition grants for pupils in private non-sect

a particular recognition of its inhabitants and their ideas, the state seal, motto and flag become more signific

N

and Semi

oughgood

lture,

e and Immi

nd Mechanical

, 50, 57, 103,

nt proc

s Conven

psburg), Battl

hian Pl

Ridge and

rel,

x Court H

Cree

nd Architect

ea

, Samuel

, Bene

Confederat

ts, 1

n of Stat

(Commonwe

General

Public Ac

a Acad

Stephen

and Poet

Nathani

Richa

Theater

e Abb

John,

, Tho

Will

Pierre G.

William, 35,

, Jam

John, 6

ames A.,

hard Henry

e and Val

, Dan

John Wi

urt, L

dari

k, Edwa

ion, Battle

n, Car

e, John C.,

Fami

arish Ch

John,

er, J

n; see

House of, 3

, Edm

e, Ambr

Aaron,

rry F.,

chard Ev

Willia

oki

l, Will

Charl

Hen

ial (Williamsb

mond)

on Tow

obert ("K

s Grove

Archib

ier St

ern

Cree

tain, Batt

r Federal

Northwest T

sville, Ba

ry Cou

nco

s of Vi

6,

9,

2,

8,

l Produ

rch (Alexa

ourts, 22

, 228,

uncil,

an of Governmen

ficials

rge Rogers

Willi

y,

nry, 97,

mat

l,

or, Battl

of Hen

s, 131,

on form,

of Revenue

Corresponde

of Nine,

of Safet

wealth

States of

election distr

ited States: Rat

utions

, 33

68-7

9-100,

104,

erwood),

, 13

ntal Co

, 57,

63-65,

tions,

(1774)

(1775

(177

1775-177

(1776)

, 84

, 99

, 10

erwood),

134-13

6,

Convention Re

n,

lk (Chi

Lord, 75,

on Commis

tion Co

ton

general: 35,

name and y

k (Accom

marl

hany,

lia

rst,

attox

gton,

sta,

h,

ord,

nd,

tour

swic

anan

ngham

bell

oll,

es Ci

River (Y

lott

erfie

(Clark

ig,

eper

rland

nson,

iddi

ity (Kiccow

ex,

fax,

uier

yd,

anna

klin

eric

es,

ester

hlan

son,

ne,

svill

fax,

ver,

ico,

ry,

land

ht (Warrosq

City

ucky

nd Que

Georg

Willi

aste

e,

oun,

isa

nbur

son,

ews,

enbur

lese

omery

emon

son

Kent

olk,

on (Accaw

mberla

oway

nge

e,

ick,

lvania

atan

Edwar

Georg

Willi

ss Ann

ski,

annock

mond

oke,

ridge

ngham

ell,

tt,

ndoah

th,

ampto

ylvan

ford

ry,

sex

well

en,

iver (War

ngton

orela

e,

he,

e Charle

ms of gove

fficials

homas ("Mar

ille

Virgin

ferson, 10

ante-bellum),

of Indepen

Rights (Bill of

e la Warr),

Nominating Convent

on Years

e, Rober

46, 1

, 57-59; 64,

Jubal,

rn Sh

Thoma

cat

emic

l, 43,

onal Problems,

n 1900's, 135,

r Learning, 43, 47, 9

5, 74, 130, 135,

Distric

roperty

tment of Ed

n, Josep

ons, 2

ment,

ture, 1

ion Activ

nce,

and Fishe

ment,

turing,

Operati

Utiliti

Industr

Trade,

and Retail

Robley

hard S., 1

Departme

partment Age

roprietar

Resolu

Line,

, Robe

ederal

Crops,

e Resolu

sh

, Joh

indred pro

ettlement

est

ne; see For

askask

Boeuf,

Monro

cessity

; see For

incenn

burg, Batt

n's Bur

d Indian

it,

Josep

itur

William

Sir Tho

mbly, 32-33,

l Cour

nna,

rg, Batt

mes Ethan

Sir Hum

hristop

rter, 134

of Colonial

Sir Wil

29, 33-3

's Palac

lysses S

, Comt

Char

ismal S

Massac

dows, Bat

, Pau

pto

ute and Singer

n, Wad

, Benjam

William

ht" syste

Univer

(City of Henr

, Pat

utus" Spee

of Corresp

nental Cong

of the Common

Death" Spe

' Cause,

g Conventio

brose P.

Joseph

l, 30,

on, Fra

Jean Ant

n, Sam

Robert

ts; see Corpo

chmen

red ser

di

cks,

okee

ahomi

of Hen

s area,

more's W

acre

apon

t Territ

nkey

hannock

d Mary Col

rable A

mas Jonathan

iver Ca

27, 28, 31, 3

wn Chur

son, T

ecture

the Rights of Briti

of Indepen

on, 74,

the Commonwe

ian Democ

Administrat

inia for Religio

y of Foreign A

t of the Unit

oseph E.,

ohn Paul

, Jack

s, 22

Departmen

omestic Relati

James

Independen

Resolut

ntain, Bat

Marquis d

ka Amphith

es,

hancery C

Equity C

g process

produc

tzhugh,

ht Horse Harry")

ncis Lig

ichard

f Correspon

Resoluti

nited States Ind

rg Convent

Rober

hief of Virgin

Ferry Mis

an Wa

War between the Stat

Washington

rom the Union

at Appom

Thoma

omas Lu

estmoreland)

e Departme

hesapeake"

John, 108

n, Willia

ndrew, 5

Charl

Meriwet

nt-Gover

aham, 108, 1

Fund, 9

d livestock

n of st

ompany,

t, James,

Colo

lumber pr

g, Battl

Cyrus Hal

n, Dol

on, J

deralis

ia Convent

l Administr

us clau

tutional Conven

. S. Consti

ll of Ri

itutional Conv

a Resol

t, Wil

l District

(Justice of the

William,

e, Fra

ill, Batt

112-113 (First battle

he Chesap

's Muse

ohn Qui

John, 84,

l Theat

n, G

f Correspon

ion of R

Resoluti

ficial Stat

hia Conve

tinental C

inia Conve

titution of 1

te Conventio

tthew Fon

r, 2

ncil form

James,

ntili

errimac" ("Virginia"

, 21,

itanism,

on; see William

strict No.

oll Tax Ex

Robert,

als,

Doctr

oe,

na Purc

Doctrin

ovia

l Administr

te Conventio

Hous

Daniel

John

of Presi

of Sta

Airy

Alexan

Geor

Roge

rnon Mee

rg, John

c, 1

f Fine A

r's Rebel

l Brid

l Chim

Resource

l Tunn

ion Act

44, 48, 130,

Thomas

, Will

et, Batt

Christoph

al machinery

ation Asso

, 67, 1

eck Propri

erritory, C

d, Wil

al Employm

Compa

ominio

canough

l Forms

Robe

Produc

ncorporatio

Willi

s' Caus

n, Will

uts,

titutions

Edmund, 57,

rginia Boundary

e of and Fall of

aoh,

a Conventio

, Battle

, Georg

Plateau

rancis H.,

illiam,

tions,

h Compa

(Lady Reb

(Great Kanawha)

32, 133, 13

John G.

ula

ity,

ds,

0,

0,

0,

0,

0,

0,

th (Gosp

, Jo

l, Jo

atan

ntial e

8,

2,

2,

6,

0,

, Theod

publishing

emies and Se

on Law (S

lities Emp

Sir Wal

Tavern

und, 68, 69,

ph, Jo

yton, 57, 59

e, John,

of U. S. Co

on to the

r. Walt

gion

tion Act o

ighteenth A

f Colonial Wi

onary Wa

hmo

Trial

te Capita

Richmo

epidem

se of Delegates

heater Tra

surrecti

Capita

Conven

ginia Conv

onventi

onventio

, 84

, 99

, 10

7,

tional Conven

rs,

, 140

John, 2

wn) Colony

William H

y, Ja

s' Cre

s at Salt

d grave

ir Edwin,

ld, Joh

Winfi

ptor

ion, 1

f Powers The

ays' Ba

es, Battl

r, Jo

y, Is

National Pa

, Philip

res

John G

John, 2

Willi

il

tic Coastal

American

, Alexand

Stamp Act Cong

, Thoma

bird

Consti

69, 70

9-100,

104,

202,

, 13

flag

flow

park

s and mott

song

n, 79,

ources, 1

s Ewell Brow

randy Stati

Yellow T

f Stuar

of Bull Run (

Ferry Mis

sance Jou

9, 104, 128, 13

Benjam

, Banast

and Fin

David Wa

r, Za

an Wa

al Adminis

Ac

produc

, Geor

er area

34, 37, 39, 42,

ns, Sa

raphy

ns,

end Ac

d Transportation

sure

Right" S

of Jame

on Works, 1

Station, B

ustice,

ming prod

John,

, Mol

Constituti

y of Virg

ine Ho

ont Royal, Kernstown, McDowe

am, Ja

ries

" Origin o

ia Cha

Company

ia Gaze

tary Institut

rth Carolin

lvania boundary

an of repre

lytechnic I

Resolut

rial ("Shrine of

uben, B

, Gilb

, Will

n the Stat

d Dunmor

f 181

gton,

s Conven

Le Boeuf

ktown,

of the American C

th,

naugura

d Indian

el of the Virgin

n of the Pr

e Philadelphia

l Administr

tinental C

s Constitution; Williamsbu

nd Lee Unive

"Peace Conf

rpow

Antho

(Lord de la

rf, Thom

ginia ("

Virginia, 1

from Virgin

-Virginia bou

at,

Convent

of the Con

Retail Trade E

ss, Batt

Mary College

iams

l Capit

Capitol

enti

t, 5

th,

h, 6

tution

, 57

and the Powder Ma

r's Pal

of Na

Tavern

tion, 1

ter,

ton's v

rg Playhou

T. Woo

che

of (fir

f (secon

r campa

Edward Ma

d, Will

me

val,

n, 139,

ing War between

War I,

ar II,

r Christ

ilding,

, 64, 69, 71,

, Sir Ge

Taver

kto

e of,

at Yorkto

arty,"

riber'

without note. Irregularities and inconsistenc

f it's not sufficiently clear where

is book was created by the transcribe

the copyright on this

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