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elected. The judges appointed by them at each election district shall have power to administer to each other, the crier and writers, the oaths now prescribed by law to be by them taken. In case of failure to hold an election or of a sufficient number of justices elected qualified to hold a County or Corporation Court in thirty days after an election, an alias writ shall be issued, directed in all manner like the first, and so on until officers are elected to hold a County Court. In case of any Sheriff or Commissioner of the Revenue failing to qualify within sixty days after the election, or a vacancy occurring in any county, the Governor shall appoint a person to fill said office, who shall give bond and qualify in the same manner as if he had been elected, and continue in office until his successor shall be elected, at the next general election in his county, and qualify to fill the office. The oath of office shall be the same as that prescribed by the Convention which assembled at Wheeling on the eleventh day of June, eighteen hundred and sixty-one, with the addition to support this Constitution. All officers elected under this ordinance shall enter upon their duties immediately upon election and qualification, and the fraction of the year betwen the time of his election and the time at which his office shall expire, shall be counted for one year. In case of a contested election, it shall be decided as now prescribed by law.

§ 2. It shall be proper and legal for the voters of any county, when it shall be unsafe by reason of the presence of insurgent troops to open a poll or polls at the usual places of holding elections, to open the same in any other part of said county. LEROY G. EDWARDS,

W. J. COWING,

Secretary of the Convention.

President of the Convention,

[Ordinances were also passed as follows: fixing the compensation of members and officers of the General Assembly during the rebellion; the Speaker at $8, members $6, and clerks $8, during their attendance. Adopted March 28, 1864. Providing for the application of the proceeds derived from the sale of lands under the direct tax, and other laws. Adopted March 28, 1864. Providing for the remission of taxes in certain cases. Adopted April 8, 1864.]

AN ORDINANCE

TO ALTER AND AMEND THE THIRD ARTICLE OF THE CONSTITUTION, PASSED FEB. 24, 1866. 1. Be it ordained by the General Assembly of Virginia, That the third article of the Constitution be altered and amended so as to read as follows:

"1. Every white male citizen of the Commonwealth, of the age of twenty-one years, who has been a resident of the State for two years, and of the county, city, or town where he offers to vote, for twelve months next preceding an election, who has paid all State taxes assessed to him for the preceding year, shall be qualified to vote for members of the General Assembly, and all officers elective by the people; but when a citizen of the State removes from one county, city or town to another in this State, he shall not by reason of such change of residence, lose his right to vote in the county, city, or town from which he removes, until he shall have acquired the right to vote in the county, city or town to which he removes; Provided, however, That no person shall be allowed to vote who is of unsound mind, a pauper, or who has been convicted of bribery at an election, or of any infamous offense. No person in the military, naval or marine service of the United States shall be deemed a resident of this State, by reason of being stationed therein; but citizens of this State, when in the military service of the United States, shall be permitted to vote under such regulations as may be prescribed by the General Assembly, wherever they may be stationed, the same as if they were within their respective cities, counties or districts.

"2. The General Assembly, as occasion may require, shall cause every city or town, the white population of which exceeds five thousand, to be laid off into convenient wards, and a separate place of voting to be established in each; and hereafter, no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides.

"3. No voter, during the time for holding an election, at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger, or to work on the public roads, or to attend any court as suitor, juror, or witness, and no voter shall be subject to arrest under any civil process during his attendance at elections, or in going to or returning from the same.

4. In all elections, votes shall be given openly or viva voce, and not by ballot; but dumb persons, entitled to suffrage, may vote by ballot."

CONSTITUTION OF WEST VIRGINIA. 1861-3.*

ARTICLE I.

THE STATE.

1. The State of West Virginia shall be and remain one of the United States of America. The Constitution of the United States, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.

2. The following counties, formerly parts of the State of Virginia, shall be included, in, and form a part of, the State of West Virginia, namely: the counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh, Greenbrier and Monroe.

And if a majority of the votes cast at the election or electious held, as provided in the schedule hereof, in the district composed of the counties of Pendleton, Hardy, Hampshire and Morgan, shall be in favor of the adoption of this Constitution, the said four counties shall also be included in, and form part of, the State of West Virginia; and if the same shall be so included, and a majority of the votes cast at the said election or elections, in the district composed of the counties of Berkeley, Jefferson and Frederick shall be in favor of the adoption of this Constitution, then the three last mentioned counties shall also be included in, and form a part of, the State of West Virginia.

The State of West Virginia shall also include so much of the bed, banks and shores of the Ohio river as heretofore appertained to the State of Virginia; and the territorial rights and property in, and the jurisdiction of whatever nature over, the said bed, banks and shores heretofore reserved by, or vested in, the State of Virginia, shall vest in, and be hereafter exercised by, the State of West Virginia.

3. The powers of government reside in all the citizens of the State, and can be rightfully exercised only in accordance with their will and appointment.

4. The Legislative, Executive and Judicial Departments of the government shall be separate and distinct. Neither shall exercise the powers properly belonging to either of the others. No person shall be invested with or exercise the powers of more than one of them at the same time.

5. Writs, grants and commissious, issued under State authority, shall run in the name of, and official bonds shall be made payable to, "The State of West Virginia." Indictments shall conclude "against the peace and dignity of the State of West Virginia."

6. The citizens of the State are the citizens of the United States residing therein; but no person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being stationed therein.

7. Every citizen shall be entitled to equal representation in the government, and in all apportionments of representation, equality of numbers of those entitled thereto shall, as far as practicable, be preserved.

ARTICLE II.

BILL OF RIGHTS.

1. The privilege of the writ of habeas corpus shall not be suspended, except when in time of invasion, insurrection or other public danger, the public safety may require it.

*The Constitution of West Virginia was prepared by a Convention assembled at Wheeling, November 26th, 1861. It was approved at a general election held in the counties composing the proposed territory on the 3d of May, 1862, and on the 11th of May, 1862, the Legislature of the State of Virginia (loyal to the Union, and recognized by the Federal government) consented to the erection of West Virginia into an independent State. An act was passed by Congress on the 31st of December, 1862, providing for the admission of the State, upon condition of the adoption of certain amend ments, which being done, the State was declared, on the 20th of April, 1863, an independent State, from and after sixty days from date. In this interval the amendments were adopted. The terms of office of persons first chosen or appointed under State authority, began on the sixty-first day after the date of proclamation. We give the Constitution as amended in Convention, Feb. 18, 1863.

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No person shall be held to answer for treason, felony or other crime not cognizable by a justice, unless on presentment, or indictment of a grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.

2. Excessive bail shall not be required, or excessive fines imposed, or cruel and unusual punishments inflicted. Penalties shall be proportioned to the character and degree of the offense. No person shall be compelled to be a witness against himself, or be twice put in jeopardy for the same offense.

3. The right of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized.

4. No law abridging freedom of speech or of the press shall be passed; but the Legislature may provide for the restraint and punishment of the publishing and vending of obscene books, papers and pictures, and of libel and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel or defamation. Attempts to justify and uphold an armed invasion of the State, or an organized insurrection therein, during the continuance of such invasion or insurrection, by publicly speaking, writing or printing, or by publishing or circulating such writing or printing, may be, by law, declared a misdemeanor, aud punished accordingly.

5. In prosecutions and civil suits for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the verdict shall be for the defendant.

6. Private property shall not be taken for public use without just compensation. No person. in time of peace, shall be deprived of life, liberty or property without due process of law. The military shall be subordinate to the civil power.

7. In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury, if required by either party, shall be preserved. No fact tried by a jury shall be otherwise re-examined in any case than according to the rules of the common law.

8. The trial of crimes and misdemeanors, unless herein otherwise provided, shall be by jury, and shall be held publicly and without unreasonable delay, in the county where the alleged offense was committed, unless upon petition of the accused and for good cause shown, or in consequence of the existence of war or insurrection in such county, it is removed to, or instituted in, some other county. In all such trials the accused shall be informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel for his defense, and compulsory process for obtaining witnesses in his favor.

9. No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever; nor shall any man be enforced, restrained, molested or burdened in his body or goods, or otherwise suffer, on account of his religious belief; but all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and the same shall in no wise affect, diminish or enlarge their civil capacities. And the Legislature shall not prescribe any religious test whatever; or confer any peculiar privileges or advantages on any sect or denomination; or pass any law requir ing or authorizing any religious society, or the people of any district within this State, to levy on themselves or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make for his support, such private contract as he shall please.

10. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Treason shall be punished, according to the character of the acts committed, by the infliction of one or more of the penalties of death, imprisonment, fine, or confiscation of the real and personal property of the offender, as may be prescribed by law.

ARTICLE III.

ELECTIONS AND OFFICERS.

1. The white male citizens of the State shall be entitled to vote at all elections held within the election districts in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the State for one year, and of the county in which he offers to vote for thirty days, next preceding such offer, shall be

permitted to vote while such disability continues. [No person who, since the first day of June 1861, has given or shall give voluntary aid or assistance to the rebellion against the United States, shall be a citizen of this State, or be allowed to vote at any election held therein, unless he has volunteered into the military or naval services of the United States, and has been or shall be honorably discharged therefrom.]*

2. In all elections by the people the mode of voting shall be by ballot.

3. No voter, during the continuance of an election at which he is entitled to vote, or during the time necessary and convenient for going to and returning from the same, shall be subject to arrest upon civil process, or be liable to attend any court or judicial proceeding as suitor, juror or witness; or to work upon the public roads; or, except in time of war or public danger, to render military service.

4. No persons, except citizens entitled to vote, shall be elected or appointed to any State, county, or municipal office. Judges must have attained the age of thirty-five years, the Governor the age of thirty years, and the Attorney-General and Senators the age of twenty-five years, at the beginning of their respective terms of service, and must have been citizens of the State for five years next preceding, or at the time this Constitution goes into operation.

5. Every person elected or appointed to any office or trust, civil or military, shall, before proceeding to exercise the authority or discharge the duties of the same, make oath or affirmation that he will support the Constitution of the United States, and the Constitution of this State; and every citizen of this State may, in time of war, insurrection, or public danger, be required by law to make like oath or affirmation, upon pain of suspension of his right of voting and holding office under this Constitution.

6. All officers elected or appointed under this Constitution may be removed from office for misconduct, incompetence, neglect of duty, or other causes, in such manner as may be prescribed by general laws; and unless so removed, shall continue to discharge the duties of their respective offices, until their successors are elected or appointed and qualified.

7. The general elections of State and county officers, and of members of the Legislature, shall he held on the fourth Thursday of October. The terms of such officers and members, not elected or appointed to fill a vacancy, shall, unless herein otherwise provided, begin on the first day of January next succeeding their election. Elections to fill vacancies shall be for the unexpired term. Vacancies shall be filled in such manner as may be prescribed by law.

8. The Legislature, in cases not provided for in this Constitution, shall prescribe by general laws the terms of office, powers, duties, and compensation of all public officers and agents, and the manner in which they shall be elected, appointed, and removed.

9. No extra compensation shall be granted or allowed to any public officer, agent, or contractor, after the services shall have been rendered, or the contract entered into. Nor shall the salary or compensation of any public officer be increased or diminished during his term of office.

10. Any officer of the State may be impeached for maladministration, corruption, incompetence, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold any office of honor, trust or profit under the State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law. The Senate may sit during the recess of the Legislature, for the trial of impeachments.

11. Any citizen of this State, who shall, after the adoption of this Constitution, either in or out of the State, fight a duel with deadly weapons, or send or accept a challenge so to do; or who shall act as a second, or knowingly aid or assist in such duel, shall ever thereafter be incapable of holding any office of honor, trust or profit under this State.

12. The Legislature may provide for a registry of voters. They shall prescribe the manner of conducting and making returns of elections, and of determining contested elections; and shall pass such laws as may be necessary and proper to prevent intimidation, disorder or violence at the polls, and corruption or fraud in voting.

* This amendment was adopted May 24, 1866.

ARTICLE IV.

LEGISLATURE.

1. The Legislative power shall be vested in a Senate and House of Delegates. The style of their acts shall be, "Be it enacted by the Legislature of West Virginia."

2. The Senate shall be composed of eighteen, and the House of Delegates of fortyseven members, subject to be increased according to the provisions hereinafter contained.

3. The term of office of Senators shall be two years, and that of Delegates one year. The Senators first elected shall divide themselves into two classes, one Senator from every district being assigned to each class; and of these classes, the first, to be designated by lot in such manner as the Senate may determine, shall hold their offices for one year, and the second for two years; so that after the first election one-half of the Senators shall be elected annually.

4. For the election of Senators, the State shall be divided into nine senatorial districts; which number shall not be diminished, but may be increased as hereinafter provided. Every district shall choose two Senators, but after the first election both shall not be chosen from the same county. The districts shall be equal, as nearly as practicable, in white population, according to the returns of the United States census. They shall be compact, formed of contiguous territory, and bounded by county lines. After every such census the Legislature shall alter the senatorial districts, so far as may be necessary to make them conform to the foregoing provisions.

5. Any senatorial district may at any time be divided, by county lines or otherwise, into two sections, which shall be equal, as nearly as practicable, in white population. If such division be made, each section shall elect one of the Senators for the district; and the Senators so elected shall be classified in such manner as the Senate may determine.

6. Until the senatorial districts are altered by the Legislature after the next census, the counties of Hancock, Brooke and Ohio shall constitute the first senatorial district; Marshall, Wetzell and Marion the second; Monongalia, Preston and Taylor the third; Pleasants, Tyler, Ritchie, Doddridge and Harrison the fourth; Wood, Jackson, Wirt, Roane, Calhoun and Gilmer the fifth; Barbour, Tucker, Lewis, Braxton, Upshur and Randolph the sixth; Mason, Putnam, Kanawha, Clay and Nicholas the seventh; Cabell, Wayne, Boone, Logan, Wyoming, Mercer and McDowell the eighth; and Webster, Pocahontas, Fayette, Raleigh, Greenbrier and Monroe the uinth.

7. For the election of Delegates, every county containing a white population of less than half the ratio of representation for the House of Delegates, shall, at each apportionment, be attached to some contiguous county or counties, to form a delegate district. 8. When two or more counties are formed into a delegate district, the Legislature shall provide by law that the Delegates to be chosen by the voters of the district shall be in rotation, residents of each county, for a greater or less number of terms, proportioned, as nearly as can be conveniently done to the white population of the several counties in the district.

9. After every census the Delegates shall be apportioned as follows:

The ratio of representation for the House of Delegates shall be ascertained by dividing the whole white population of the State by the number of which the House is to consist, and rejecting the fraction of a unit, if any, resulting from such division.

Dividing the white population of every delegate district, and of every county not included in a delegate district, by the ratio thus ascertained, there shall be assigned to each a number of Delegates equal to the quotient obtained by this division, excluding the fractional remainder.

The additional Delegates necessary to make up the number of which the House is to consist, shall then be assigned to those delegate districts, and counties not included in a delegate district, which would otherwise have the largest fractions unrepresented. But every delegate district and county not included in a delegate district, shall be entitled to at least one Delegate.

10. Until a new apportionment is declared, the counties of Pleasants and Wood shall form the first delegate district; Calhoun and Gilmer the second; Clay and Nicholas the third; Webster and Pocahontas the fourth; Tucker and Randolph the fifth; and McDowell, Wyoming and Raleigh the sixth. The first delegate district shall choose two Delegates, and the other five, one each.

11. The Delegates to be chosen by the first delegate district shall, for the first term, both be residents of the county of Wood, and for the second term, one shall be a resident of Wood, and the other of Pleasants county; and so in rotation. The Delegate to

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