officer, so failing as aforesaid, shall forfeit and pay the sum of five hundred dollars, to be recovered by action of debt, in any of the courts of record in this commonwealth, for the use and in the name of the president and directors of the literary fund.

23. This act shall commence and be in force from the passing Commencement, thereof.

CHAP. 3.-An ACT to amend an act, entitled, "an act to organize a Con

vention."*

[Passed February 12th, 1830.]

Whereas, in pursuance of the act of assembly, entitled, "an act Preamble, to organize a convention," passed on the tenth day of February, in the year eighteen hundred and twenty-nine, the members of convention elected under it, convened at the capitol, in the city of Richmond, on the fifth day of October, in the same year, to deliberate on the subject confided to them by the people under the said act: And whereas the convention, on the fourteenth day of January, in the year eighteen hundred and thirty, passed an amended constitution, or form of government for Virginia; and moreover, by an ordinance appended thereto, requested the present general assembly to make any additional provisions, which may be necessary and proper for submitting the same to the voters thereby qualified to vote for members of the general assembly, at the next April elections, and for organizing the government under the amended constitution, in case it shall be approved and ratified by such voters: And whereas doubts have arisen as to the proper construction of the seventeenth and nineteenth sections of the above recited act of assembly, as to the power of sheriffs and other officers conducting elections, to receive the votes of persons qualified to vote for ratifying or rejecting the amended constitution, before the same shall have been published for three months; in order to remove such doubts, and to declare the meaning of the above recited sections of the said act, to enlarge the time for taking the votes of the persons qualified to vote for the ratification or rejection of the amended constitution, to prescribe the oaths to be taken by the sheriffs or other officers who shall conduct any poll for the ratification and rejection of the amended constitution, to prescribe the oath to be taken by the person offering to vote, when it shall be necessary for him to take an oath, and to provide for the election of members of the general assembly under the amended constitution, in case it shall be approved and ratified by the qualified

voters :

tution to be sub

months publica

1. Be it enacted by the general assembly, That it shall be the Amended consti duty of the sheriffs and other officers conducting elections of mem-mitted to the vobers to the general assembly, in the several counties, cities and bo- ters, without three roughs of this commonwealth, at the next April elections, to submit tion. the amended constitution to the voters qualified thereby to vote for members of the general assembly, for their ratification or rejection, in the same manner in all respects, as if the same had been published for three months before the commencement of the said elections, according to the seventeenth section of the said act of assembly: And the poll of the votes given for ratifying and rejecting the said amended constitution, shall be continued open in the month April next, for three successive days; and the poll kept at the court

*Acts 1829-30, ch. 9, pp. 12-16. Vid. acts 1828-9, pp. 17-22, ante. ch. 2.

of

Polls, how long to how examined, corrected, certi

be kept open, and

fied and disposed .of.

So much of the

act requiring the

legislature to be

convened, in case the amended con

stitution be ratified, repealed.

Oaths to be taken

other officers.

Magistrate to make return of

of courts.

When yote of in

house of each county, city and borough, (but not any poll kept at any place of holding a separate election,) shall on the third day at sunset, be adjourned to the first day of the next term of the court to be holden for each county, city or borough, respectively, and shall be continued open for three successive days, and at sunset of the third day shall be finally closed; and when closed, the same shall be examined, corrected, certified and disposed of, in the manner herein after prescribed, and under the like penalty as is prescribed by the twenty-second section of the same act. When the said polls shall all be received, they shall be acted upon by the executive, in the same manner in all respects, as is prescribed by the twenty-first section of the same act: Provided, however, That so much of said act as prescribes, that if it shall appear that a majority of all the Votes given is for ratifying said amended constitution, it shall further be the duty of said executive forthwith to convene the general assembly, be, and the same is hereby repealed. (a)

2. Be it further enacted, That it shall be the duty of every sheby the sheriff's and riff or other officer, before he enters upon the duties prescribed by the nineteenth and twentieth sections of the above recited act, and this act, to take and subscribe the following oath or affirmation: "I, A. B., do solemnly swear, (or affirm,) that I will, to the best of my skill and judgment, admit all persons to vote for the ratification or rejection of the amended constitution, entitled to do so, and reject all not so entitled; and I will make a just, true and fair return of all votes given for ratifying and rejecting the amended constitution, within my county, (city, borough, or election district :) So help me God." Which affidavit, the magistrate administering the oath or affidavits to clerks affirmation, shall return attested to the clerk of the county or corporation court, to be by him filed and carefully preserved. And it shall be the duty of the sheriff or other officer conducting any poll for the ratification and rejection of the amended constitution, not to enter upon the said poll the vote of any person who may offer to vote, unless he knows such person to be qualified to vote, or unless such person shall have made an oath or solemn affirmation, in this form: "I, A. B., do swear, (or solemnly affirm,) that I do in my conscience believe myself to be duly qualified to vote for a member (or members). to serve in the general assembly, for the county, city, borough, or counties of under the amended constitution: So help me God." Of which oath or affirmation, a note shall be made in the poll-book, opposite, and referring to the name of the person swearing or affirming. The making such oath or affirmation falsely, shall be perjury.(b)

dividuals offering

may be refused."

Oath required.

Executive to ap

ining polls.

Commissioners

3. Be it further enacted, That it shall be the duty of the execupoint commission- tive, as soon as may be after the passage of this act, to appoint three ers to aid in exam-commissioners in each county and corporation of this commonwealth, to aid in the examination of the polls, in the manner herein after directed; and that within ten days after the polls in the respective and other officers, counties and corporations of this commonwealth shall be closed, it shall be the duty of the said commissioners, of the sheriff or other officer conducting the polls, and of the clerk or deputy clerk, and of the commissioner or commissioners of the revenue, (if there be more than one,) of the several counties or corporations entitled to

where to meet.

(a) Ante. ch. 2, § 17, 21, 22.

(b) Ante. ch. 2, § 19, 20.

commonwealth,

tend.

vote, to be strick

fied.

elect delegates, to assemble at the clerks' offices of their respective counties or corporations, on some day to be appointed and made known to them by the sheriff or other officer authorized by law to conduct the poll therein, for ratifying or rejecting the amended constitution. And if any of them shall refuse or fail to attend, it shall Notice to be given be the duty of the sheriff or other officer, to give notice thereof to attorney for the the attorney prosecuting for the commonwealth in such county or for failure to atcorporation; and those who do attend, shall proceed to examine Names of persons said polls, and having stricken therefrom the names of all such per- not entitled to sons, as in the opinion of a majority of them, are not entitled to vote en from polls. for members of the general assembly under the amended constitution, to cause two fair copies of such corrected poll to be made out and verified as follows: Each sheet of such poll shall be subscribed Polls, how veriwith the names of the commissioners, and of the sheriff or other officer, of the clerk or deputy clerk, and of the commissioner or commissioners of the revenue, or such of them as may attend at the scrutiny of the polls as above required; and shall attach to the said corrected poll a list of the several names stricken from the original polls, and the several corrections or alterations made therein, and the reasons for the same; and at the foot of the poll, each of them so attending as aforesaid, shall make an affidavit before a justice of the peace, to the following effect, viz: “ county or corporation, to wit: This day of the above named A. B. and C. D., &c., whose names are subscribed to the above poll, made oath (or affirmation) before me, a justice of the peace for the county or corporation aforesaid, that they have carefully examined said poll, and that they have stricken therefrom no person, who, in the judgment of a majority of them, had a legal right to vote, and that the name of no one remains thereon, who a majority of them concur in believing is not legally entitled to vote. And the aforesaid A. B. and C. D., (the sheriffs or other officers conducting the polls,) also made oath (or affirmation) that they conducted the poll aforesaid, and verily believe it represents fairly the votes given by the persons whose names appear thereon, according to the best of their knowledge and belief. Given under my hand, this One copy of the poll Polls, where to be so made out, shall be retained by the clerk of the court, to be by with what time. him carefully preserved among the files of his office: the other copy thereof, shall be transmitted by mail by the said clerk, to the executive of this commonwealth, within ten days after the proper attestation of said copies by the aforesaid officers.

day of

returned, and

be made of the ra

tion.

4. Be it further enacted, That upon examination of the polls, in Proclamation to the manner prescribed by the twenty-first section of the said act, tification or rejec if it shall appear to the executive, that a majority of the votes given tion of constituis for ratifying the amended constitution, that fact, together with ti the number of votes given for and against the ratification, shall immediately be made known to the people, by proclamation, to be published three times in such newspapers printed in this commonwealth, as will in the opinion of the executive, diffuse the information most generally among the people. But if, upon examination of the polls aforesaid, it shall appear to the executive, that a majority of the votes given is for rejecting the amended constitution, in that case it shall be the duty of the executive, in like manner, to announce that fact to the people, together with the number of votes given against and for the ratification: Provided, however, That if upon examina- If a doubt be ention of the said polls, a doubt shall arise, in the minds of the execu- tive may convene

tertained, execu

the legislature.

Elections for dele

under new consti

held.

How to be conducted.

tive, whether a majority of the votes given by the qualified voters has been given for or against the ratification of the amended constitution, the grounds of such doubt shall be entered upon the journal of the executive, and be signed by those entertaining the same, and the executive shall forthwith convene the general assembly, as they may for any other cause, if in their opinion the public good shall require it to be done. (c)

5. Be it further enacted, That if the amended constitution gates and senators shall be so ratified and proclaimed, the officers and commissioners tution, when to be authorized to hold and conduct elections for members of the general assembly in the present year, shall, on the first days of their respective county and corporation courts in the month of October next, hold and conduct elections for the choice of senators and delegates, according to the provisions of the amended constitution; and the elections so to be held, shall be commenced, continued, conducted, closed and certified according to the existing laws providing for the election of senators and delegates to the general assembly, excepting so far as the same shall be changed or altered by the Rules in case of amended constitution, and this act; and all contests arising out of any elections so made, shall be governed in all things in the manner prescribed by law, for the government of contests in elections made under the authority of writs of election ordered by the respective houses of assembly, excepting that twenty days after the last day of each election, shall be allowed for taking depositions in every contest.

contested elec

tions.

Exception.

Where officers

tions of delegates shall meet to compare polls.

1

6. Be it further enacted, That where more than one county conducting elee shall be required for the election of a delegate, as arranged under the amended constitution, the officers conducting the election for such delegate, shall meet at the courthouse of the county first named in the arrangement, to compare the polls and certify the Of senators where. election: and the officers conducting the elections for senators, in the districts to which the counties following are attached, that is to say, the counties of Chesterfield, Caroline, Elizabeth City, Goochland, Greensville, Henry, Madison, Middlesex, Monroe, Morgan, Nelson, New Kent, Norfolk, Preston, Prince Edward, Ohio, Scott, Sussex, Westmoreland and Wythe, shall meet at the courthouses of the above named counties, to compare the polls and certify the elections for their respective districts, and the officers conducting elections for the other districts shall meet for the purposes aforesaid, at the courthouse of the county first named in each district in the said amended constitution.

General assembly

tution when and

7. Be it further enacted, That the general assembly to be elected under new consti- in the said month of October, under the authority of the amended constitution, shall meet at the capitol in the city of Richmond, on the first Monday in December next.

where to meet.

Penalty on officers

and conduct elec

tions.

8. Be it further enacted, That if any sheriff or other officer, refor failing to hold quired by this act to hold and conduct elections in October next, shall fail, faithfully to discharge his duty, according to the true intent and meaning hereof, he shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt in any of the courts of record in this commonwealth, for the use and in the name of the president and directors of the literary fund.

(c) Ante. ch. 2, § 21.

transmit by mail

tice to the people,

elections.

9. Be it further enacted, That it shall be the duty of the execu- Executive to tive, as soon after the passage of this act as practicable, to trans- copies of act to mit by mail ten printed copies of the same to the clerk of each clerks of courts. county and corporation court within this commonwealth, for the use of the officers conducting the polls; and it shall be the duty of Clerks to give noeach clerk, immediately after receiving the same, to inform the peo- of the time and ple of his county, city or borough, by a written notice to be posted place of holding at the front door of his courthouse, and there to be continued, and more especially on court days, until the next general election of members for the general assembly, that the votes of all persons qualified to vote for the ratification or rejection of the amended constitution, will be taken at the courthouse of the county, city or borough, and at the place or places of holding separate elections in the county (if any) for three successive days, commencing at the times prescribed by law for holding elections in April next, and at the courthouse of each county, city or borough for three successive days, in the month of May next, commencing on the first day of the May term of the county or corporation court. And any clerk Penalty for neglect. who shall fail or neglect to perform the duty prescribed by this section, shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt in any court of record, in the name and for the benefit of the president and directors of the literary fund.

tution to be pub

10. And be it further enacted, That the amended constitution Amended constirequired by the seventeenth section of the above recited act, to be lished three times published with the proclamation of the executive for three months, only. shall not be published more than three times in any one newspaper after the passage of this act.(d)

11. This act shall commence and be in force from its passage.

CHAP. 4.-A declaration of rights made by the representatives of the good people of VIRGINIA, assembled in full and free convention, which rights do pertain to them, and their posterity, as the basis and foundation of government. (Unanimously adopted, June 12th, 1776.)

1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.

(d) Ante. ch. 2, § 17.

Commencement.