Chapter X: Part 10

Drama in Virginia, consequently, received a serious setback from this tragedy, but in 1818, a new theater was built through subscription at Seventh and Broad Streets in Richmond. It was called the Marshall Theater and was named in honor of Chief Justice John Marshall who was one of the theater's greatest patrons. Although this new structure was larger, more conveniently situated and more safely constructed, fear still kept the large crowds of the earlier theater from attending. The theater for a time had to depend upon a famous performer to assure patronage by large numbers. In July 1821, one of these celebrated performers was Junius Brutus Booth--father of the American actor, Edwin Booth--who made his American debut at the Marshall Theater in "Richard III."

By the middle of the Nineteenth Century, Virginia began to experience the "Golden Age" of its theater. Richmond still was the center of the drama in Virginia and one of the outstanding dramatic centers in the United States. The opinion and reaction of Richmond audiences and critics became respected and noticed throughout the country. Such well-known actors as Edwin Forrest, William C. Macready and James W. Wallack played here. On January 2, 1862, the Marshall Theater burned, but its owner immediately had a new one called the Richmond Playhouse built on the same site. Its opening premiere was "As You Like It" starring Ida Vernon and D'Orsay Ogden. Even though the War between the States was being fought, contrary to the Revolutionary War period, the theater furnished amusement and relaxation. Jefferson Davis, President of the Confederacy, and many of his cabinet members attended this theater and viewed many of its tragedies which strangely enough seemed to be the type of play preferred over comedies at this time. One of the favorite actresses of the soldier audiences was Sally Partington.

As the years passed, additional theaters were built in Virginia including the Theater of Varieties in Richmond where vaudeville was first introduced. By the end of the Nineteenth Century, two native Virginians had become dramatic character actors of national fame: Wilton Lackaye of Loudoun County and George Fawcett of Fairfax County. At the turn of the century, Bill Robinson, a native of Richmond, began his ascent to national and international fame for his superb dance style and routines, not only in vaudeville but also in New York plays and, later, in moving pictures.

Early in the Twentieth Century, Francis Xavier Bushman of Norfolk was one of the early moving picture lead actors. As the movies improved and increased in their scope, Virginians such as Jack Hall of Winchester, James H. Bell of Suffolk, Margaret Sullavan of Norfolk, Randolph Scott of Orange County, Richard Arlen of Charlottesville, Lynn Bari of Roanoke, Joseph Cotten of Petersburg, Henry King of Christiansburg, John Payne of Roanoke, Charles Gilpin of Richmond and Freeman F. Gosden of Richmond became nationally known for their acting.

Although strong competition of vaudeville, moving pictures, radio and television undoubtedly has affected the legitimate theater, the strong desire for legitimate acting still remains and has resulted in the formation of summer stock companies and numerous Little Theater groups throughout Virginia. Such groups have become very active and are found in many cities including Alexandria, Danville, Lynchburg, Norfolk, Petersburg, Richmond and Staunton. Virginia colleges and universities also keep the theater alive by sponsoring dramatics classes, workshops and plays.

Two recent developments of the theater in Virginia are the formation of the Barter Theater Group and the presentation of historical plays. The Barter Theater is part of the Barter Colony located at Abingdon, and this colony consists of the theater, a workshop, an inn and a dormitory. The colony was established by Robert and Helen F. Porterfield in 1932 as an attempt to create renewed interest in legitimate play-acting. An original, unique feature of the theater and the activity which was directly responsible for its name was the original ticket purchase price which could be obtained in exchange for produce or edible commodities--similar to the old-fashioned barter system of exchange; at present, however, theater patrons pay money rather than produce for their tickets. During the winter months, the cast travels in other nearby states as well as in Virginia. An annual Barter Theater award was established by Robert Porterfield in 1939 for the "finest performance by an actor or actress on the current Broadway stage." Such well-known individuals as Laurette Taylor, Dorothy Stickney, Mildred Natwick, Ethel Barrymore, Tallulah Bankhead, Louis Calhern, Helen Hayes, Henry Fonda, Frederic March, Shirley Booth, Cornelia Otis Skinner, David Wayne, Rosalind Russell, Mary Martin, Ethel Merman and Ralph Bellamy have received this award. The Barter Theater Award consists of an acre of land located near Abingdon, a world-famed Virginia ham and a silver octagonal platter "to eat it off." In addition, the recipient is given the opportunity to nominate two young dramatic actors at New York City auditions for acting positions at the Barter Theater. The Barter Theater, now recognized as the State Theater of Virginia, is believed to be the only professional theater in the United States which receives financial aid from a state budget.

Since 1947, an outstanding play, "The Common Glory," written by Pulitzer Prize Winner Paul Green, has been presented in the summer at the Lake Matoaka Amphitheater in Williamsburg. The theme of "The Common Glory" is based upon important historical events from 1774 through 1783 with the famous comments of such American statesmen as Thomas Jefferson, Benjamin Franklin, Robert Livingston and Patrick Henry. The realistic performance of this theme in the historical outdoor, natural setting in Williamsburg near historical Jamestown and Yorktown is an experience the audience long remembers. Paul Green also wrote "The Founders," another historical drama in honor of the three hundred and fiftieth anniversary of the founding of Jamestown.

Music and drama--from both the creative sense and the participation sense--still remain an active phase of culture in Virginia.

_Education_

In colonial days in Virginia, education was considered a personal family matter. A public school, as the term is understood now, was non-existent. Since England had no national public system of education until 1833, the Virginia colonists, of whom a majority were of English descent, did not have any heritage for schools for the general public. Later, the geographical distances between the plantations and the gradual development of social classes tended to discourage public education. The typical child who received formal education was taught by the family members, privately tutored, apprenticed for farming, attended a "Pay School" or "Old Field School" (a community school taught by a teacher paid either by the individual parents or by a particular patron and located on relatively poor agricultural land), enrolled in a Latin Grammar School or attended a fashionable school in London. Only the boys received the formal education and the girls learned the proper techniques of performing household tasks and of being a gracious hostess. Many poor children had no formal education of any kind.

In 1634, the Syms Free School in Elizabeth City County was organized as a local, free school as a direct result of provisions of a will whereby two hundred acres of land were provided and free milk and income from eight cows were included for the support of the school. Twenty-five years later, Dr. Thomas Eaton of the same county also endowed a free school and left a five hundred acre estate with buildings and livestock as the endowment. The endowment also provided for the maintenance of an "able schoolmaster to educate and teach the children born within the County of Elizabeth." Later, the two schools were combined and, by the beginning of the Twentieth Century, they had been incorporated into the public school system as the Syms-Eaton Academy.

A few church schools were organized, but they reached a very small number of children with their enrollment. Orphans and poor children often received the benefits of apprenticeship training in trade or industrial schools and eventually had an opportunity to learn to read and write. By 1775, there were nine free schools endowed by private philanthropists for the poor and needy. Public schools at this time in Virginia were considered as schools for paupers, orphans and needy financial cases rather than schools for the benefit of the general public. Community tax-supported schools for the children of the general public were practically unknown.

Until the beginning of the Nineteenth Century, the slaves--both Negro and Indian--were usually taught religious training and some primary learning, the amount and type of training depending upon the individual master. After certain sensational articles tended to cause discontent and confusion in the minds of some of these individuals which resulted in sporadic raids and open dissatisfaction with living conditions, the legislature of Virginia passed a law making it illegal to teach any slave how to read, write or do arithmetic.

By the middle of the Nineteenth Century, private academies and seminaries (for girls) began to replace the early Latin-Grammar schools. The subjects of English, Latin, science, mathematics, public speaking, spelling and penmanship were taught. The fine arts subjects such as painting and music were stressed in the seminaries. Some of the early academies included Prince Edward Academy (later became Hampden-Sydney Academy and, eventually, Hampden-Sydney College), Liberty Hall Academy (later, Washington College and, eventually, Washington and Lee University), Fredericksburg Academy (later, Fredericksburg College), Alexandria Academy, Shepherdstown Academy (later, Shepherdstown College and, eventually, State Normal School in West Virginia), Central Academy (later, Central College and, eventually, the University of Virginia), Richmond Seminary (later, Richmond College), Salem Academy (later, Roanoke College), Monongahela Academy (later, West Virginia University) and Marshall Academy (later, Marshall College and, eventually, a State Normal School in Huntington, West Virginia). These academies are considered forerunners of public high schools in Virginia because, even as late as the period immediately prior to the War between the States, there were very few public schools of any type in Virginia.

Henrico University was the first attempt in Virginia at an institution for higher learning. The Indian Massacre of 1622 ruined these conscientious efforts. The first two colleges actually founded in Virginia were William and Mary College at Williamsburg founded in 1693--the second oldest college in the thirteen original colonies--and Washington and Lee University at Lexington founded in 1749. William and Mary College was founded for the purpose of providing an opportunity for higher education within the colony itself; Washington and Lee University--originally known as Augusta Academy, then Liberty Hall, and, eventually, Washington College before being renamed Washington and Lee University--was founded to educate young men in Virginia in a similar fashion to the academies in England at that time. In 1819, the General Assembly passed a law allotting $15,000 annually from the Literary Fund to be used for a state university, the University of Virginia, to be located in Charlottesville.

As in most states, the early private colleges were usually founded by religious groups. By the end of the Nineteenth Century, colleges had been established in Virginia by Presbyterians, Episcopalians, Catholics, Baptists, Methodists, Lutherans and the Brethren Sect. The following institutions were in existence at this time: the Protestant Episcopal Theological Seminary in Alexandria, the University of Richmond (Baptist), Hampden-Sydney College at Hampden-Sydney (Presbyterian), St. Vincent's Seminary and College at Richmond (Catholic), Emory and Henry College at Emory (Methodist), Roanoke College at Salem (Lutheran), St. John's Catholic Academy and Seminary at Norfolk, Mary Baldwin College at Staunton (for women--Presbyterian), Randolph-Macon College at Ashland (for men--Methodist), Bridgewater College at Bridgewater (Brethren), St. Paul's Polytechnic Institute at Lawrenceville (Episcopalian), the Virginia Theological Seminary and College at Lynchburg (for Negroes), Randolph-Macon College at Lynchburg (for women--Methodist), Union Theological Seminary in Virginia at Richmond (Interdenominational) and Virginia Union University at Richmond (for Negroes--Baptist).

Other colleges founded in the Nineteenth Century include the Hampton Institute at Hampton (private--Negro), Medical College of Virginia at Richmond (state), Hollins College at Hollins (private), Longwood College at Farmville (state--women), Virginia Military Institute at Lexington (state), Virginia Polytechnic Institute at Blacksburg (private) and Virginia State College at Petersburg (Negro). Madison College was founded in 1908 at Harrisonburg as a private institution of higher learning and, nine years later, Eastern Mennonite College was also chartered in Harrisonburg.

The increase of women in colleges became apparent by the Twentieth Century with the organization of Sweet Briar College at Sweet Briar (private), Mary Washington College at Fredericksburg (women's division of the University of Virginia--state), Randolph-Macon Woman's College at Lynchburg, Lynchburg College at Lynchburg (coed--Disciples of Christ) and Radford College at Radford (women's division of the Virginia Polytechnic Institute--state). In addition, there are seven junior colleges: Stratford at Danville, Averett at Danville, Southern Seminary and Junior College at Buena Vista, Sullins at Bristol, Marion at Marion, Virginia Intermont at Bristol--all colleges for women only. These additional junior colleges--Shenandoah at Dayton, Bluefield at Bluefield and Ferrum at Ferrum--are coed institutions.

Public schools were initially supported by a Literary Fund and by one-half the capitation tax. Gradually, all the capitation or poll tax money was transferred to the Literary Fund. After the middle of the Nineteenth Century, some cities and counties in Virginia began to adopt a system of free schools for the general public. For the first time, a favorable attitude toward public education on the part of a majority of the Virginians became apparent. The long-assumed idea that public schools were charity schools tinged with a social stigma faded into the background and public education for all the children began to be widely encouraged. Before much actual progress along this line was achieved, however, the War between the States took place. As a result, most of the academies were forced to close and education for a time became a comparatively minor issue.

After the War between the States, the Underwood Constitution included a provision requiring public education through the establishment of a uniform system of free public schools in all counties of the state. The deadline date for organizing and establishing such a system was 1876. A State Superintendent of Public Instruction was elected by the General Assembly, a State Board of Education was formed, and public education itself was financed by interest on the Literary Fund, capitation tax revenue, revenue from state and local property taxes and a state tax on each male twenty-one years old or over. Reverend William H. Ruffner of Lexington was the first State Superintendent of Public Instruction in Virginia.

Racial segregation in the public schools of Virginia was constitutionally established in the Underwood Constitution of 1902. Section 149 stated that white and colored children were not to be taught in the same schools. This idea had been in existence in statute law since 1869-1870, and the Constitution of 1902 also specifically stated that public funds were to be restricted, with a few exceptions, to public school use.

Gradually, teacher training courses were offered and improved and teacher scholarships were created in the attempt to organize a large number of new schools with qualified teacher personnel. Eventually, specialized courses were offered in the elementary and secondary schools: vocational courses including agricultural and industrial arts courses and household arts courses, Bible Study, Music, Drawing, Art and commercial subjects such as bookkeeping, shorthand and typing were introduced. These courses coupled with the original fundamental courses provided a rich curriculum for the public school children of Virginia. By 1920, health examinations, health instructions and physical training were required of each student. Early State Superintendents of Instruction faced tremendous problems in their attempts to organize and develop a whole new school system.

The importance of education in Virginia by 1918 is ascertained by the fact that the state legislature at that time passed an act ordering the State Board of Education to appropriate a fund of not more than $10,000 to be used for a scientific evaluation study of the Virginia schools by a special Survey Commission. Both the Inglis Survey of 1919 (named after Dr. Alexander Inglis, Director of the survey) and the O'Shea Survey of 1927 (named after Dr. M. V. O'Shea, Director of the survey) resulted in considerable improvements in the organization and administration of the educational system and in curricular offerings. Some of the recommendations included the appointment of the State Board of Education by the Governor with confirmation by the State Senate, the appointment of the State Superintendent of Public Instruction by the State Board of Education, the selection of a variety of basic textbooks by the State Board of Education, an increase in vocational education courses of study, a minimum nine month academic year, compulsory school attendance, improvement in teacher certification standards, the county unit plan (rather than the district plan) of school organization and a substantial increase in the salaries of teachers.

When the depression occurred in the late 1920's and early 1930's, Virginia was affected but to a lesser degree than most of the other states. One of the first items drastically reduced in the local and state budgets was school expenditures. Regardless of its financial hardship, however, the educational system continued to improve. A new Division of Instruction headed by a Director of Instruction was created in the State Department of Education to assume the responsibility of improving the instruction program in the Virginia public schools. Later, a Supervisor of Elementary Education and a Supervisor of Music was added to the State structure and a Supervisor of Secondary Education, a Supervisor of Negro Education and a Supervisor of Physical and Health Education were selected. Course content has been revised and new subjects added as needs warranted. Recent progress includes the development of audio-visual aids, rehabilitation education courses for disabled veterans, special education for the "exceptional" child and for the mentally retarded child, distributive education and adult education courses. Most of the public schools in the Commonwealth now have a twelve-year basic plan with the seven-five system predominating: seven years in grade school (elementary) and five years in high school (secondary).

Some of the outstanding public educators in Virginia have been James Blair, Reverend William H. Ruffner, R. R. Farr, Dr. F. V. N. Painter, John L. Buchanan, John E. Massey, Joseph W. Southall, Joseph D. Eggleston, Dr. R. C. Stearnes, Harris Hart, Sidney B. Hall, Dabney S. Lancaster, G. Tyler Miller, Dowell J. Howard, Dr. Davis Y. Paschall, Dr. Woodrow W. Wilkerson--State Superintendents of Public Instruction--George Wythe, Edwin Alderman, Edward Armstrong, Samuel C. Armstrong, George Denny, Thomas R. Dew, William H. McGuffey, Benjamin S. Ewell, John Langston, John T. Lomax, Booker T. Washington, William Morton, William Pendleton, Thomas R. Price, Francis Henry Smith, William Waugh Smith, Charles E. Vauter, William Wilson, Milton Humphreys, Ed Joynes, Lyon Tyler and J. L. Blair Buck. Countless individual teachers, state and local administrators, and parent-teacher organizations have also contributed ideas which have influenced and improved the educational facilities throughout the state.

Education has become one of the greatest problems in the Commonwealth and a field of paramount interest to the citizens as well as to state and local officials, the students, the parents, and the professional educational staff directly involved. As the enrollments have rapidly increased, the governors, state legislators and local officials have increased their concern and support, causing the educational facilities to improve and expand. Such actions provide opportunities for the residents of Virginia to obtain a well-rounded education.

SUMMARY

Literature reveals the everyday experiences of people as well as their dreams and aspirations. Personal diaries, journals and letters were frequently used during colonial days to describe ideas and events. Poetry was scarce but many scholarly articles, often historically inclined, were written. Political thinking soon became a favorite topic for written expression and biographies and essays became numerous. Edgar Allan Poe, a resident of Virginia from his adoption at the age of three, is considered the most original author for his creation of the modern short story and the detective story. Virginians also have contributed several historical and romantic novels. The distinguished history and picturesque setting of Virginia has furnished innumerable topics of interest for written or oral expression.

Art has flourished in Virginia from the handicraft of the early days to the plastic sculpturing of the present. In the colonial period, European artists often visited Virginia and used Virginia and her residents as their subjects. Later, Virginia artists began to study abroad and, upon their return home, engaged primarily in portrait and panorama painting. Edward Valentine created unusual, as well as fine, sculptures. Foreign artists as well as native artists have often used Virginia personalities and scenes as sources for their inspiration.

Although Virginia can claim only two separate types of original architecture--the Colonial type influenced by England and altered to fit the environment of Virginia and the Jeffersonian type originated through the artistic efforts of Thomas Jefferson himself--Americans and foreigners still visit and study these architectural types in an effort to imitate or perpetuate such desirable styles. The Commonwealth has a variety of standard forms of architecture.

Organs, harpsichords and violins were popular musical instruments in colonial days in Virginia. Gradually, American folk music, Negro spirituals, the founding of the "Etude" music magazine and the invention of the five-stringed banjo tended to increase and popularize music in Virginia. John Powell of Richmond is considered Virginia's greatest single contributor to the musical composition field.

From the Williamsburg Theater of 1716 to the Barter Theater of the present, Virginians have shared the spotlight, the hardships and the fame of plays, vaudeville, moving pictures, radio and television. The annual production of "The Common Glory," an historical drama, at Lake Matoaka Theater in Williamsburg attracts thousands of patrons.

Education, the "backbone" of cultural activities, is one of the most challenging current problems facing Virginia. Personal training in the home, apprenticeship training outside the home, the church and church school education, private tutoring and private and public institutions of education of the elementary, secondary and higher education level--all are significant milestones along the educational paths of Virginia. With the educational facilities expanding on all levels to meet the rapidly increasing enrollment, with teacher training becoming more specialized, with the improvement in standard courses and the addition of new courses of study and with larger legislative appropriations for education, education in Virginia provides more students with better opportunities for effective learning.

The changing pattern of everyday living can be recognized by observation and analysis of the literature, art, architecture, music, drama and education of a people. The inhabitants of the Commonwealth, consequently, have woven a particular pattern of their own from their contributions to these various phases of Cultural Life.

7

Political Life

_Background of Present State Constitution_

The original Constitution for the State of Virginia was written at a special convention held in Williamsburg from May 7, 1776 to July 5, 1776. The Constitution itself was officially adopted on June 29, 1776, making this date the birth date of the State. The individual 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 which the newly-formed government should not have before it determined those powers which it should have; furthermore, the Constitution was adopted officially by the convention members without the usual procedure of submitting it to the voters for final ratification.

As years pass and conditions vary, it becomes necessary to make changes in the framework of a government to meet such needs. Consequently, on four specific occasions, the Constitution of Virginia has been rewritten: namely, in 1829-1830, 1850, 1867 and 1901.

In 1816, the residents west of the Blue Ridge Mountains demanded more representation in their state government and fewer suffrage restrictions. After many years of discontent, these individuals finally encouraged enough residents throughout the state to vote for a constitutional convention to be held in Richmond in 1829. At the convention, suffrage was extended slightly although 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. When the proposed Constitution was submitted to the people of Virginia for ratification, 26,055 voted for it and 15,166 voted against it. In this vote, for the first time, the Valley people of the western part of the state joined the residents of the east rather than their Trans-Allegheny neighbors who had strongly opposed it. The new Constitution was officially adopted in 1830.

After the national census of 1840 had been taken, it revealed an unfair numerical representation of the white people west of the Blue Ridge Mountains in comparison with the representation of the number of white people living east of the Blue Ridge Mountains. Such unfair representation existed in both houses of the General Assembly to the extent that some residents even suggested that the people of the western part of Virginia create a separate state and call it Appalachia. Special local meetings were held and a referendum was finally suggested to determine the need of a constitutional convention as an attempt to correct this unfair condition. Finally, a state-wide vote in 1850 recommended such a convention be 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 to be maintained; the Governor, the Lieutenant Governor, the Attorney General, certain judges, county clerks and sheriffs were to be elected directly by the qualified voters; the tenure of the Governor was extended to a four-year term; and the General Assembly was to meet once every two years instead of annually. A capitation or poll tax was to be levied upon each voter and half of the revenue from this tax was to be used for school purposes. The General Assembly was given additional power to control slavery by the passage of certain restrictions which were to be imposed upon slaveowners. This third Constitution for Virginia was officially adopted in 1851 after it had been ratified by the voters of the state.

After the War between the States had ended and the Reconstruction Period had begun, Virginia became Military District Number One in March 1867 with General John M. Schofield as its chief executive. The United States Congress demanded that Virginia and the other nine former seceded states rewrite their state constitutions. When the delegates of the constitutional convention met on December 3, 1867, they consisted of 32 Conservative Party members, 25 Radical Republican Negroes, 14 native Virginia Radical Republicans and 31 Carpetbaggers, Scalawags and aliens. The 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 many former Confederate leaders and a restriction of allowing only former non-supporters of the Confederacy to hold office or act as a juror. In 1869, upon the recommendation of President Ulysses S. Grant, the United States Congress allowed Virginia voters to vote at a popular referendum on the Underwood Constitution itself and then to vote separately on the sections which denied suffrage rights and office-holding rights to former Confederates. On July 6, 1869, the qualified voters of Virginia ratified the Underwood Constitution and rejected the other two sections.

In 1897, an attempt to hold a constitutional convention was defeated but three years later, the people of the Commonwealth voted in favor of a constitutional convention. This fifth constitutional convention began in June 1901 and continued for approximately 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 Virginia rather than to submit it to the voters for ratification. Consequently, on May 29, 1902, the Constitution of 1902 was voted by the convention delegates for adoption and this is the present Constitution of the Commonwealth, with certain subsequent revisions.

Like the Constitution of the United States, the Virginia Constitution is divided into major areas called articles and into subdivisions called sections. There are seventeen articles and two hundred and one sections. The following topics found in the articles indicate the broad range 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 and Public Instruction, Agriculture and Immigration, Public Welfare and Penal Institutions, Corporations, Taxation and Finance, Miscellaneous Provisions--Homestead and Other Exemptions, Future Changes in the Constitution, Rules of Construction, and Voting Qualification of Armed Forces.

_The Virginia Bill of Rights_

Article I is the Bill of Rights. Such rights are prefaced by an introductory paragraph in the article which states that this series of rights form the backbone of the governmental structure in Virginia: "A declaration of rights made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain 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 principles were considered so significant that they were later used as the basis for the Bill of Rights in the Constitution of the United States as well as for many other state bills of rights. The importance attached to these provisions has resulted in the Virginia Bill of Rights often being called the "Magna Charta of Virginia."

In seventeen different sections, the Virginia Bill of Rights guarantees various underlying principles of government:

(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"--Thus, freedom and equality
of every individual is recognized, and one's rights of life,
of liberty, of owning property and of achieving happiness and
safety are guaranteed.

(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"--Thus, a principle
of democracy is expressed that the right to rule comes from the
people themselves and that office-holders are representatives of
the people and are responsible to the people.

(3) "That the 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 maladministration; and, whenever any 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 of
government is that which results in the greatest happiness and
safety of all those whom it governs. Whenever a majority of
those being governed consider such government as not attaining
such an objective, they have a right to change it, reform it,
or, if deemed wise, to abolish it as long as it is done in a
legal manner considered for the good of all involved.

(4) "That no man, or set of men, is entitled to exclusive or
separate emoluments or privileges from the community, but in
consideration of public services; which not being descendible,
neither ought 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 rendering public service to the community.
Consideration of birth, influence or wealth is to be ignored,
and office-holding itself cannot be automatically inherited or
handed down from father to son.

(5) "That the legislative, executive and judicial departments
of the State should be separate and distinct; and that the
members thereof may be restrained from oppression, by feeling
and participating the burthens of the people, they should, at
fixed periods, be reduced to a private station, return into that
body from 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 departments are organized as three separate,
independent departments. Officials should have specific terms of
office and should be elected for designated periods of time at
the end of which time they should return to their former private
status and be eligible for re-election if the law provides for
such an opportunity.

(6) "That all elections ought to be free; and that all men
having sufficient evidence of permanent common interest with,
and attachment to, the community, have the right of suffrage,
and cannot be taxed, or deprived of, or damaged in, their
property for public uses, without their 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 to vote. Property cannot be taxed, disposed of
or damaged for public use without the consent of the people
involved or that of their representatives. Neither can the
people be forced to abide by any law unless it has been voted
upon by them or by their elected representatives.

(7) "That all power of suspending laws, or the execution of
laws, by any authority, without consent of the representatives
of the people, is injurious to their rights and ought not to be
exercised"--Thus, no office-holder should have the authority to
suspend a law or to carry out a law, independent of the legal
representatives of the citizenry.

(8) "That in criminal prosecutions a man hath a right to demand
the cause and nature of his accusation, to be confronted with
the accusers and witnesses, to call for evidence in his favor,
and to a speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found guilty. He
shall not be deprived 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 against him, to meet face to face with the
witnesses and accusers, to defend himself in a fair and speedy
trial with an impartial or unprejudiced jury. He cannot be
deprived of life or liberty except by legal judicial action; he
cannot be made to testify against himself; and he is ineligible
to be tried twice for the same crime.

(9) "That excessive bail ought not to be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted"--Thus, bails, fines and punishments must be
reasonable.

(10) "That general warrants, whereby an officer or messenger
may be commanded to search suspected places without evidence of
a fact committed, or to seize any 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
granted"--Thus, a search warrant should state specifically the
exact place to be searched or the exact individual to be seized
and the offense should be specified.

(11) "That no person shall be deprived of his property without
due process of law; and in controversies respecting property,
and in suits between man and man, trial by jury is preferable
to any other, and ought 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 cases not so
cognizable"--Thus, since man has a right to own property, he
cannot be deprived of it without due course of law. In certain
types of lawsuits, trial by jury is believed the best legal
procedure.

(12) "That the freedom of the press is one of the great bulwarks
of liberty, and can never be restrained but by despotic
governments; and any citizen may freely speak, write and
publish his sentiments on all subjects, being responsible for
the abuse of that right"--Thus, the right of the freedom of
press and of the freedom of speech is advocated as long as an
individual assumes the responsibility for same.

(13) "That a well-regulated militia, composed of the body of the
people, trained to arms, is the proper, natural and safe defense
of a free State; that standing armies, in time of peace, 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 promotes the safety of the
people. There are dangers of a standing army of professional men
in peacetime, and, even in wartime, the military group should be
subject to civilian authority.

(14) "That the people have a right to uniform government; and,
therefore, that no government separate from, or independent of,
the government of 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 regulations. No other separate
or independent government within Virginia other than the one
established by the State Constitution can be organized.

(15) "That no free government, or the blessings of liberty can
be preserved to any people, but by a firm adherence to justice,
moderation, temperance, frugality and virtue, and by frequent
recurrence to fundamental principles"--Thus, government, like
men, must be guided by moral principles: namely, justice,
moderation, temperance, frugality and virtue. Without repeated
adherence to these moral precepts, free government cannot
survive.

(16) "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
are equally entitled to the free exercise of religion, according
to the dictates of conscience; and that it is the mutual duty of
all to practice Christian forbearance, love and charity toward
each other"--Thus, the right of the freedom of religion is
advocated and guaranteed.

(17) "The rights enumerated in this bill of rights shall not
be construed to limit other rights of the people not therein
expressed"--Thus, since there are other rights not included in
this Bill of Rights, this last section reminds the people that
there are additional rights not specifically included in this
article.

An understanding of the natural fundamental rights of a people as individuals, as guaranteed by the Virginia Bill of Rights, causes one to appreciate deeply the guarantees of liberty and freedom provided for the people of the State.

_Election Requirements, Offices and Procedures_

The extreme importance which the early Virginians attached to suffrage is recognizable by the location of the voting qualifications in the Virginia Constitution. Such qualifications directly follow the Bill of Rights as Article II and include the following requirements:

(1) a citizen of the United States

(2) at least twenty-one years of age

(3) a resident of Virginia at least one year

(4) a resident of the county, city or town at least six months

(5) a resident of the voting precinct at least thirty days prior to the election

(6) the payment of an annual state capitation or poll tax of one dollar and fifty cents to the county or city treasurer at least six months prior to the election; the receipt 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 pay a poll tax assessable against him for a maximum three years before being able to vote. A new resident must pay only for each year or part of a year spent in Virginia.

(7) the passing of a literacy test to prove one's ability to read and write in English and to understand the functions of government

(8) proper registration at least 30 days before the election at the office of the local Registrar of Elections which includes the presentation of one's poll tax receipt, the filling in of certain required forms pertaining to personal history and the swearing under 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 who is an active member of the United States Armed Forces to be exempt from paying a poll tax and from registering as a prerequisite to voting. Likewise, his poll taxes are cancelled and annulled for the three years next preceding if he has an honorable discharge.

Certain persons are excluded by Article II from registering and voting: idiots, insane persons, paupers, persons disqualified by crime or specific disabilities which have not been removed, persons convicted of treason, felony, bribery, petit larceny, obtaining money or property under false pretenses, embezzlement, forgery or perjury. The General Assembly has the power, by a two-thirds vote, to remove such disabilities.

Qualified citizens of Virginia have the opportunity to elect three types of officials:

(1) national officials--the President and the Vice-President
of the United States (every four years), two United States
Senators (normally, every six years) and ten United States
Representatives (normally, every two years).

(2) state officials--the Governor, Lieutenant-Governor,
Attorney-General (every four years), forty State Senators (every
four years) and one hundred House of Delegates members (every
two years).

(3) local officials--County: Treasurer, Sheriff, Commonwealth
Attorney, Commissioner of the Revenue (every four years),
County Clerk (every eight years) and Assembly members or
members of the Board of Supervisors; City: Treasurer, Sergeant,
Mayor, Councilmen, City Attorney for the Commonwealth, City
Commissioner of the Revenue (every four years) and Clerk of the
City Courts (every eight years).

All elections by the people are by secret ballot. Generally, election officials are sworn in office the day of the election; one of the judges opens the ballot box publicly, turns it upside down to prove its emptiness, locks it and keeps it locked until the voting polls are closed. At the beginning of the election day, the election judges receive the registration books and the list of those citizens whose past three years poll tax has been paid. The election clerk receives a poll book, a blank book to be 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 folds his ballot to maintain secrecy and hands it to an election judge who places it immediately in the ballot box. It is illegal for a voter to be approached concerning a possible candidate any nearer than 100 feet from the polling place. Fifteen minutes before closing time for the polling place, one of the election judges will loudly proclaim this fact in front of the polling place. Exactly fifteen minutes later, the voting officially ends and only ballot holders at this time are allowed to cast their vote.

After the polls are closed, all the unused ballots are placed in a special envelope marked accordingly. The used ballots are tipped out of the ballot box onto the table. All the election officials present check the complete emptiness of the box. Representatives of each of the political parties are allowed to watch the correct counting of the votes. The election clerks make two sets of tally sheets which include the names of all the candidates which appeared on the ballot and each clerk keeps personal tally as the ballots are counted and the names of the 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 by the flip of a coin. When all the votes have been tallied, an official written report is prepared on the back of each poll book: it includes the number of votes cast individually and totally for each candidate. This report is signed by the election judges and the election clerks. These poll books plus the used ballots and the unused ballots are submitted to the county or city clerk and later reviewed by the Board of Elections. The successful candidates then receive a certificate of election which makes them officially elected to their respective offices.

Every person qualified to vote is eligible to any office of the State, county, city or other subdivision of the State wherein he resides except as stated otherwise in the State Constitution. Persons eighteen years of age are eligible to the office of notary public. The terms 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 (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as ----, according to the best of my ability, so help me God."

Any person who is registered and qualified to vote at the next succeeding regular election is eligible to vote at any legalized primary election held for the nomination of any candidate for office.

_Legislative, Executive and Judicial Departments_

The separation of powers theory in government is considered so important that Article III of the Virginia State Constitution concerns solely this underlying principle: namely, that the legislative, executive and judicial departments are to be separate and distinct. To emphasize this idea, the Constitution further states that neither department shall "exercise the powers properly belonging to either of the others nor may any person exercise the power of more than one of them at the same time."

The Legislative Department--Since one of the chief functions of a government is to make laws, it is logical for Article IV of the Constitution to consist of a detailed description of the Legislative Department: its composition, membership, qualifications, powers and limitations.

The State legislature or legislative branch is called the General Assembly. It is a bicameral legislature composed of an upper house, the Senate, and a lower house, the House of Delegates. This legislative body has been in continuous existence since 1619 and is believed to be the oldest one in the Anglo-Saxon world and the second oldest Parliament in the entire world.

The Constitution requires that the Senate consist of not more than forty and not less than thirty-three members, elected quadrennially (once every four years). There are forty members in the present State Senate, and their term of office is four years. They are elected to office by the qualified voters of the State Senatorial Districts on the first Tuesday following the first Monday in November of every other odd-numbered year in which the Governor is not elected. Therefore, they are elected during the mid-term of the Governor. The State 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 governor to do the districting: this commission membership must be approved by the General Assembly. The Constitution requires that reapportionment or redistricting take place every ten years to offset population changes. The last reapportionment was made in 1952; therefore, the next reapportionment or redistricting is due in 1962. There are now thirty-six State Senatorial Districts, thirty-three of which are entitled to one Senator each and seventy-six House of Delegates' districts, sixty-two of which are entitled to one Delegate each.

Any qualified voter living in a Senatorial or in a House district is eligible for election from that district to the General Assembly. However, no General Assembly member can hold any other public office at the same time or be elected by this assembly to any civil office of profit in the state during his term 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 either house of the General Assembly during his continuance in office. If such an individual is elected to either house of the General Assembly, his former office must be vacated. Two Constitutional requirements are necessary: the individual must be a qualified voter and must live in the district he represents.

The salaries of the members of the General Assembly are fixed by law and are paid from the public treasury. Any act passed which provides for an increase of legislative salary 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 (plus $720 for expenses) for the House of Delegates members and for the State Senators and $1,260 for the Speaker of the House of Delegates and the President of the Senate.

The General Assembly meets at Richmond in regular session once every two years on the second Wednesday in January in even-numbered years, directly following the election of the members of the House of Delegates. The maximum number of days in the regular session is sixty, but a session may be extended not longer than thirty days if three-fifths of the members of each house concur. The usual session, however, is sixty days in length. A special 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 adjourn from day to day and they have the power to compel the attendance of members according to the rules established by each house individually. The House must organize itself at the outset of each session because its members have been elected the preceding November. The Clerk of the previous House serves until a new chairman has been chosen. Therefore, the Clerk calls the House to order, calls the roll, and officially swears in the members.