USA > Washington DC > Washington DC > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 70
USA > Virginia > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 70
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ADDENDA TO THE GAZETTEER.
ral assembly, and one day before and after, for every twenty miles they must necessarily travel to or from home; and, in the mean tiine, process in which they are parties, shall be suspended without abatement or discontinuance; and, if any person taken in execution, be delivered by privilege of either house of the general assembly, so soon as such privilege ceaseth, he shall return himself a prisoner in execution, or be liable to an escape.
18. Whereas, the freedom of speech and proceedings appertaineth of right to the general assembly, and the preservation thereof is necessary to secure the liberty of the people: Be it enacted, That if any per- son shall arrest or prosecute, or be aiding or abetting in arresting and pro- secuting a member or members of the senate or house of delegates, for or on account of any words spoken or written, any proposition made, or pro- ceedings had in the senate or house of delegates, every such person so of- fending, shall be deemed guilty of a misdemeanor, and shall be apprehend- ed, committed and tried therefor, as in other cases of misdemeanors, before the general court, or a superior court of law of this commonwealth; and, being thereof convicted by the verdict of a jury, shall be adjudged to suffer imprisonment for a term not exceeding one year, and shall pay a fine not exceeding two thousand dollars; which imprisonment and fine shall be as- sessed by a jury.
19. And if any member or members of the said senate or house of dele- gates, shall be arrested or imprisoned, for, or on account of any words, spo- ken or written, or for any proposition made, or proceedings had in the said senate or house of delegates, such member or members may apply to the general court, or a superior court of law, or any judge thereof in vacation, for a writ.of habeas corpus, who are hereby empowered and required to issue the same, returnable before the said court, or said judge, or any other judge, and, upon the return thereof, to liberate and discharge such member or members.
20. The provisions of this act shall be extended to the arresting and pro- secuting any person or persons, for words spoken or written, or for any propositions made, or proceedings had in the said senate or house of dele. gates, and to the discharging and liberating any person or persons, by habeas corpus, as aforesaid, although such person or persons shall, by disqualifica- tion, or from any other causes, have ceased to be a member of the said senate or house of delegates, at the time of such arrest or prosecution, or of the trial, judgment, or imprisonment, in consequence thereof: Provided, That nothing herein contained shall, in any respect, extend to the power which cither house of the general assembly now hath or may exercise over their respective members.
21. Any person intending to contest the election of any other person, as a senator or delegate from any senatorial district, county, city, town or bo- rough, or election district, shall, within twenty-five days after the day on which the last election in the former case shall have commenced, or within fifteen days after the day on which the election (if it be the election of a delegate for a county, city, town or borough,) shall have commenced, or within twenty days after the day on which the last election (if it be the elec- tion of a delegate for an election district,) shall have commenced, give to the person whose election he intends to contest, notice thereof in writing; and moreover, shall deliver to him, at the same time, a list of those persons to whose votes he hath objection, with the objection to each voter written opposite to his name, stating that the person objected to, is not qualified to
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VIRGINIA ELECTION LAWS.
vote according to the constitution, or in case of incapacity, that he labors under some express personal disability, according to the provisions thereof, to exercise the right of suffrage; and where he hath any other objection to the legality of the election, or eligibility of the person whose election he intends to .contest as aforesaid, (such objection to the eligibility of such person, being founded upon his want of all, or any of the qualifications required by the constitution,) he shall in like manner give notice thereof, distinguishing his particular objections; and the person whose election is contested as aforesaid, shall, within twenty days after receiving such notice, deliver the like lists on his part.
22. Whensoever the election of any person as a senator or delegate, is intended to be contested, the petitioner and the returned member shall res- pectively begin to take their depositions within one month after the delivery of the notice in writing as aforesaid, given by the petitioner to the returned member; informing him as aforesaid, of his intention to contest his election ; and they shall finish taking the same at least thirty days preceding the com- mencement of the ensuing session of the general assembly: And where such contest shall arise in consequence of any return made, on any writ or writs issued by the governor, or by the speaker of either house of the general assembly, to supply any vacancy which may have happened, the party contesting shall give notice in writing to the returned member of his intention to contest his election, and moreover shall deliver to him a list of those persons to whose votes he hath objection, with the objection to each voter written opposite to liis name, stating that the person objected to is not qualified to vote according to the constitution, or in case of incapacity, that ; he labors under some express personal disability, according to the provi- - sions thereof, to exercise the right of suffrage; and if he have any other objection to the legality of the election, or the eligibility of the member returned as aforesaid, (such objection to the eligibility of such member being founded upon his want of all or any of the qualifications required by the constitution,) he shall in like manner give notice thereof, distinguish- . ing his particular objections, within ten days after the last day on which votes shall have been taken in the said election ; and the member returned as aforesaid, shall within five days after receiving such notice, deliver the like lists on his part.
23. Notice in any of the cases before mentioned, as well as the lists left with his wife or any other frec person over the age of twenty-one years, belonging to his family, other than a negro or mulatto, or in case of their absence, then at some public place at the dwelling house, shall be deemed sufficient. The depositions shall be certified by the commissioners taking the same, sealed up, and sent by them to the clerk of that house of which the person was returned a member, without delay; and the depositions " taken as aforesaid, shall be by the clerk of the house, respectively, delivered to the speaker thereof, to be committed with the petition of the party com- plaining, and shall be received and read as evidence upon the hearing there- of ; subject, however, to the exceptions of the opposite party.
24. Subpænas for witnesses shall be issued by the clerks of the courts . of the counties, cities, towns or boroughs, upon the application of either party ; and the witnesses shall be entitled to the same allowance, be privi- leged from arrests, and be subject to the like penalties, as witnesses attend- ing the county courts.
25. It shall be lawful to hold a separate poll to choose an elector or elec- 66
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ADDENDA TO THE GAZATEER, &c.
tors for president and vice-president of the United States in any county of this state, at such place or places, as now, or may hereafter be prescribed for holding a separate poll or polls for the election of members of the gene- ral assembly : And the persons qualified according to law to vote for mem- bers of the general assembly of this state, shall assemble at the place or places directed for holding such separate poll or polls, on the first Monday in November in every fourth year, according to the provisions of the act, entitled "an act to reduce into one act the acts now in force providing for the ap- pointment of electors to choose a president and vice-president of the United States," passed February the eighteenth, eighteen hundred and twenty-three.
26. If from death, sickness or other cause, the returning officer, herein before designated, in any case of a senatorial election, or in any case of an election of a delegate for an election district, shall be unable to attend for the purpose of comparing the polls, and making the returns at the time and place prescribed by law, then such duties, and all other duties conse- quent thereupon, shall be performed in the following manner, that is to say : If the sheriff, being the proper returning officer, shall have died, then the duties aforesaid shall be performed by his successor, if any there be; if there be no successor, then by the coroner of the county ; if such sheriff be sick, or otherwise unable to attend, the said duties shall be per- formed by such of his deputies as he shall appoint for that purpose; or if he have no deputy, by the coroner. If the deputy sheriff, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by the high sheriff, or by deputy. If a mayor, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by his successor, if any there be; if none, by the recorder ; if no recorder, then by the senior alderman capable of at- tending. If a recorder, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by the mayor, if any ; if none, by the senior alderman capable of attending. If a magis- trate or alderman, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by the magistrate or alderman next in seniority, and capable of attending. And if there shall be no person hereby authorised, who shall be able to attend and perform the said duties, then the clerk of the county, city, town or borough, as the case may be, shall be bound in all things promptly to perform the duties aforesaid.
27. The election of members of the house of representatives of the con- gress of the United States, shall continue to be held in the manner, and ac- .
· cording 'to the principles prescribed by the laws now in force in relation thereto; except that all persons now authorised to vote for members of the house of delegates, shall hereafter be allowed to vote in such elections; and except also, that the said elections shall be held in the several counties, cities, towns, and boroughs, on their respective court days in the month of August of the present year, and on their respective court days in the month of April, in the year eighteen hundred and thirty-three; and also, on their respective court days in the month of April, in every second year thereafter; and except also, that the officers holding and conducting
. such elections for members of congress shall, before such election com- mences, take an oath to conduct the election fairly, in the like form with that prescribed by the twelfth* section of this act, to be taken by the sheriff or other officer conducting elections of members of the general assembly.
*The section referred to is the eleventh.
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RATIFICATION OF THE CONSTITUTION.
The Ratification of Virginia to the Constitution of the United States.
We, the delegates of the people of Virginia, duly elected, in pursuance of a recommendation of the General Assembly, and now met in conven- having fully and fairly investigated and discussed the proceedings of the federal convention, and being prepared as well as the most mature deliber- ation will enable us, to decide thereon, Do, in the name and behalf of the people of Virginia, declare and make known, that the powers granted under the constitution being derived from the people of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby, remains with them and at their will ; that therefore no right, of any denomination, can be cancelled, abridged, restrained or modified by the Congress, by the Senate, or House of Representatives, acting in any capacity, by the presi- dent, or any department or officer of the United States, except in those instances where power is given by the constitution for those purposes : that among other essential rights, the liberty of conscience and of the press, cannot be cancelled, abridged, restrained or modified by any authority of the United States :
With these impressions, with a solemn appeal to the Searcher of hearts for the purity of our intentions, and under the conviction, that, whatsoever imperfections may exist in the constitution, ought rather to be examined in the mode prescribed therein, than to bring the union into danger by delay, with a hope of obtaining amendments previous to the ratification :
We, the said delegates, in the name and in behalf of the people of Vir- ginia, do, by these presents, assent to and ratify the constitution, recommend- ed on the 17th day of September, 1787, by the federal convention for the government of the United States ; hereby announcing to all those whom it may concern, that the said constitution is binding upon the said people, according to an authentic copy hereto annexed, in the words following :
A Declaration of Rights made by the Representatives of the People of Virginia, assembled and held at the Capitol in the City of Williams- burg, in full and free Convention-which rights do pertain to them and their posterity as a basis and foundation of Government.
(Agreed to nem con, June, 12th, 1776.)
I. THAT there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity ; among which are the enjoyment of life and liberty, with the means of acquiring, possess- ing, and protecting property, and pursuing and obtaining happiness and safety.
II. That all power is naturally vested in, and consequently derived from, the people ; that magistrates, therefore, are their trustees and agents, and at all times amenable to them.
III. That government ought to be instituted for the common benefit, pro- tection, and security of the people ; and that the doctrine of non-resistance against arbitrary power and oppression, is absurd, sluvish, and destructive to the good and happiness of mankind.
IV. 'That no man or set of men are entitled to exclusive or sepurate pub- lic emoluments or privileges from the community, but in consideration of
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DECLARATION OF RIGIITS.
public services ; which not being descendable, neither ought the offices of magistrate, legislator, judge or any other public offices to be hereditary.
V. That the legislative, executive, and judiciary powers of government should be separate and distinct : and, that the members of the two first may be restrained from oppression by feeling and participating the public bur- dens, they should at fixed periods be reduced to a private station-return into the mass of the people; and the vacancies supplied by certain and regular elections: in which all or any part of the members to be eligible' or ineligible, as the rules of the constitution of government, and the laws shall direct.
VI. That elections of representatives in the legislature ought to be free and frequent : and all men, having sufficient evidence of permanent com- mon interest with, and attachment to, the community, ought to have the right of suffrage; and no aid, charge, tax, or fee can be set, rated or levied upon the people, without their own consent, or that of their representatives so elected, nor can they be bound by any law, to which they have not in like manner assented for the public good.
VII. That all power of suspending laws, or the execution of laws, by any authority without the consent of the representatives of the people, in the legislature, is injurious to their rights, and ought not to be exercised.
VIII. That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusations; to be confronted with the accusers and witnesses; to call for evidence, and be allowed counsel in his favor ; and to a fair and speedy trial, by an impartial jury of his vicin- age, without whose unanimous consent, he cannot be found guilty (except in the government of the land and naval forces); nor can he be compelled to give evidence against himself.
IX. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
X. That every freeman, restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed.
XI. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable.
XII. That every freemen ought to find a certain remedy of recourse to the laws for all injuries and wrongs he may receive in his person, property, or character .: He ought to obtain right and justice freely without sale, com- pletely and without denial, promptly and without delay, and that all estab- lishments or regulations, contravening these rights, are oppressive and unjust.
XIII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
XIV. That every freeman has a right to be secure from all unreasonable searches, and seizures of his person, his papers, and property ; all war- rants, therefore, to search suspected places, or seize any freeman, his papers, or property, without information upon oath (or affirmation of a person reli- giously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive, and all general warrants to search suspected places, or to apprehend any suspected person without specially naming or describing the place or person, are dangerous and ought not to be granted.
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AMENDMENTS TO FEDERAL CONSTITUTION.
XV. That the people have a right peaceably to assemble together to consult for the common good, or to instruct their representatives : and that every freeman has a right to petition, or apply to the legislature for redress of grievances.
XVI. That the people have a right to freedom of speech, and of writ- ing, and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.
XVII. That the people have a right to keep and bear arms ; that a well- regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases, the military should be under strict subordination to, and governed by, the civil power.
XVIII. That no soldier in time of peace ought to be quartered in any house, without the consent of the owner, and in time of war in such man- ner only as the laws direct.
XIX. That any person religiously scrupulous of bearing arms, ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.
XX. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates ,of conscience, and that no particular religious sect or society ought to be favored or established by law in preference to others.
Amendments to the Federal Constitution recommended by Virginia,
I. That each State in the Union shall respectively retain every power, jurisdiction, and right, which is not by this constitution delegated to the congress of the United States, or to the departments of the federal govern- ment.
II. That there shall be one 'representative for every thirty thousand in- habitants, according to the enumeration or census mentioned in the consti- tution, until the whole number of representatives amounts to two hundred; after which, that number shall be continued or increased as congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of cach state to some greater number of people from time to time, as population increases.
III. When congress shall lay direct taxes or excises, they shall immedi- ately inform the executive power of each state, of the quota of such state, according to the census herein directed, which is proposed to be thereby raised ; and if the legislature of any state shall pass a law, which shall be effectual for raising such quota, at the time required by congress the taxes and excises laid by congress shall not be collected in such state ..
IV. That the members of the senate and house of representatives shall be ineligible to, and incapable of holding any civil office under the author- ity of the United States, during the time for which they shall respectively. be elected.
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. V. That the journals of the prodeedings of the senate and house of representatives shall be published at least once in every year, except such parts thereof, relating to treaties, alliances, or military operation, as, in their judgment, require secrecy.
VI. That a regular statement and account of the receipts and expendi- tures of all public money shall be published at least once in every year.
VII. That no commercial treaty shall be ratified without the concurrence of two-thirds of the whole number of the members of the senate; and no treaty, ceding, contracting, or restraining, or suspending the territorial rights or claims of the United States, or any of them-or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers, shall be made, but in cases of the most urgent and ex- treme necessity ; nor shall any such treaty be ratified without the concur- rence of three-fourths of the whole number of members of both houses respectively.
VIII. That no navigation laws or law, regulating commerce, shall be passed without the consent of two-thirds of the members present in both houses.
IX. That no standing army, or regular troops, shall be raised or kept up in time of peace, without the consent of two-thirds of the members pre- sent in both houses.
X. That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer a term than the continuance of the war.
XI. That each state respectively shall have the power to provide for organizing, arming, and disciplining its own militia, whensoever congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service, in time of war, invasion or rebellion : and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishments as shall be directed or inflicted by the laws of its own state.
XII. That the exclusive power of legislation given to congress over the federal town and its adjacent district, and other places, purchased or to be purchased by congress, of any of the states, shall extend only to such regulations as respect the police and good government'thereof.
XIII. That no person shall be capable of being President of the United States for more than eight years in any term of sixteen years.
XIV. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty, as congress may, from time to time, ordain and establish in any of the different states : the judi- cial power shall extend to all cases in law and equity, arising under treaties, made, or which shall be made, under the authority of the United States ; to all cases affecting ambassadors, other foreign 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, and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers and con- suls, and those in which a state shall be a party, the supreme court shall have original jurisdiction; in all other cases before mentioned, the supreme court shall have appellate jurisdiction, as to matters of law only : except in cases of equity, and of admiralty and maritime jurisdiction; in which the supreme court shall have appellate jurisdiction both as to law and fact,
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