ARTICLE IV. LEGISLATIVE DEPARTMENT. 1. The legislature shall be formed of two distinct branches, which together shall be a complete legislature, and shall be called the General Assembly of Virginia. House of Delegates. 2. One of these shall be called the House of Delegates, and shall consist of one hundred and fifty-two members, to be chosen biennially for and by the several counties, cities and towns of the commonwealth, and distributed and apportioned as follows: The counties of Augusta and Rockingham and the city of Richmond shall each elect three delegates; the counties of Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Halifax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittsylvania, Preston, Rockbridge, Shenandoah and Washington shall each elect two delegates; the counties of Botetourt and Craig shall together elect two delegates. The counties of Accomack, Alexandria, Amherst, Appomattox, Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Charlotte, Chesterfield, Clarke, Culpeper, Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Hanover, Hardy, Henrico, Henry, Highland, Isle of Wight, Jackson, King William, Lee, Lewis, Louisa, Lunenburg, Madison, Marshall, Mason, Mercer, Mecklenburg, Montgomery, Morgan, Nansemond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas, Princess Anne, Prince Edward, Prince William, Pulaski, Putnam, Randolph, Rappahannock, Roanoke, Scott, Smyth, Southampton, Spotsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood and Wythe, and the cities of Norfolk and Petersburg, shall each elect one delegate.* The counties of Lee and Scott, in addition to the delegate to be elected by each, shall together elect one delegate. The following counties and cities shall compose election districts: Alleghany and Bath; Amelia and Nottoway; Boone, Wyoming and Logan; Braxton and Nicholas; Charles City, James City and New Kent; Cumberland and Powhatan; Doddridge and Tyler; Elizabeth City, Warwick, York, and the city of Williamsburg; Essex and King & Queen; Fayette and Raleigh; Gilmer and Wirt; Greene * Since the adoption of the constitution, the following counties have been formed: The county of Calhoun constitutes a part of the election district of Giliner and Wirt. Acts 1855-6, p. 91, ch. 108, § 10. The acts establishing the counties of Wise and Roane do not prescribe how they shall vote for members of the house of delegates. See Acts 1855-6, p 89, § 13, 14, for Wise, and p. 94, § 15, for Roane. They will elect delegates therefore under the constitution, each part voting with the county from which it was taken. The county of Tucker votes with the county of Randolph as an election district. Id. p. 97, ch. 110, § 14. The act forming the county of McDowell has no provision for electing a delegate. The counties of McDowell and Tazewell therefore vote together. Acts 1857-8, p. 108, ch. 155, § 13. The county of Buchanan is not provided for in the act creating it, and is therefore in the same condition, and votes for a delegate with Tazewell and Russell, Id. p. 110, ch. 156, § 14 The county of Clay forms a part of the electoral district with Braxton and Nicholas. Id. p. 113, ch. 158, § 14 The county of Webster is formed out of the counties or Braxton, Nicholas and Randolph. The voters of the county of Webster are to vote as they have heretofore voted for members of the house of delegates. Acts 1859-60, p. 156, ch. 47, § 15. So much of Bland county as was taken respectively from Giles, Tazewell and Wythe, shall remain attached to the electoral, congressional and senatorial districts respectively to which the said counties from which it was taken belong, and shall vote with said counties for members of the house of delegates. and Orange; Greenesville and Sussex; King George and Stafford; Lancaster and Northumberland; Matthews and Middlesex; Pleasants and Ritchie; Prince George and Surry; and Richmond and Westmoreland-each of which districts shall elect one delegate. At the first general election, under this constitution, the county of Ohio shall elect three delegates, and the counties of Brooke and Hancock shall together elect one delegate; at the second general election, the county of Ohio shall elect two delegates, and the counties of Brooke and Hancock shall each elect one delegate; and so on, alternately, at succeeding general elections. At the first general election, the county of Russell shall elect two delegates, and the county of Tazewell shall elect one delegate; at the second general election, the county of Tazewell shall elect two delegates, and the county of Russell shall elect one delegate; and so on, alternately, at succeeding general elections.* The general assembly shall have power, tipon application of a majority of the voters of the county of Campbell, to provide, that instead of the two delegates to be elected by said county, the town of Lynchburg shall elect one delegate, and the residue of the county of Campbell shall elect one delegate. Senate. 3. The other house of the general assembly shall be called the Senate, and shall consist of fifty members, to be elected for the term of four years; for the election of whom, the counties, cities and towns shall be divided into fifty districts. Each county, city and town of the respective districts, at the time of the first election of its delegate or delegates under this constitution, shall vote for one senator ; and the sheriffs or other officers holding the election for each county, city and town, within five days at farthest after the last election in the district, shall meet at the court-house of the county or city first named in the district, and from the polls so taken in their respective counties, cities and towns, return as senator the person who has received the greatest number of votes in the whole district. Upon the assembling of the senators so elected, they shall be divided in two equal classes, to be numbered by lot. The term of service of the senators of the first class shall expire with that of the delegates first elected under this constitution, and of the senators of the second class at the expiration of two years thereafter; and this alternation shall be continued, so that one-half of the senators may be chosen every second year. 4. For the election of senators I. The counties of Accomack and Northampton shall form one district: II. The city of Norfolk shall be another district: III. The counties of Norfolk and Princess Anne shall form another district: IV. The counties of Isle of Wight, Nansemond and Surry shall form another district: V. The counties of Sussex, Southampton and Greeuesville shall form another district: VI. The city of Petersburg and the county of Prince George shall form another district: VII. The counties of Dinwiddie, Amelia and Brunswick shall form another district: VIII. The counties of Powhatan, Cumberland and Chesterfield shall form another district: IX. The counties of Lunenburg, Nottoway and Prince Edward shall form another district: X The counties of Mecklenburg and Charlotte shall form another district: XI. The county of Pittsylvania shall be another district : XII. The county of Halifax shall be another district: XIII. The counties of Henry, Patrick and Franklin shall form another district: XIV. The county of Bedford shall be another district: XV. The counties of Campbell and Appomattox shall form another district: XVI. The city of Williamsburg and the counties of James City, Charles City, New Kent, York, Elizabeth City and Warwick shall form another district: XVII. The counties of Henrico and Hanover shall form another district: XVIII. The city of Richmond shall be another district: XIX. The counties of Gloucester, Matthews and Middlesex shall form another district : XX. The counties of Richmond, Lancaster, Northumberland and Westmoreland shall form another district: XXI. The counties of King & Queen, King William and Essex shall form another district: district: XXIV. The counties of Fairfax and Alexandria shall form another district: XXVI. The counties of Fauquier and Rappahannock shall form another district : XXVII. The counties of Madison, Culpeper, Orange and Greene shall form another district: XXVIII. The county of Albemarle shall be another district: XXIX. The counties of Louisa, Goochland and Fluvanna shall form another district: XXXVII. The counties of Bath, Highland and Rockbridge shall form another district: XXXVIII. The counties of Botetourt, Alleghany, Roauoke and Craig shall form another district: XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery and Pulaski shall form another district: XL. The counties of Mercer, Monroe, Giles and Tazewell shall form another district:* XLI. The counties of Smyth, Wythe and Washington shall form another district: XLII. The counties of Scott, Lee and Russell shall form another district:* XLIII. The counties of Boone, Logan, Kanawha, Putnam and Wyoming shall form another district:* XLIV. The counties of Nicholas, Faette, Pocahontas, Raleigh, Braxton and Greenbrier shall form another district:* XLV. The counties of Mason, Jackso Cabell, Wayne and Wirt shall form another district:* XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants and Wood shall form another district: *Since the adoption of the constitution, the county of Wise has been attached to the 42d senatorial district. Acts 1855-6, p. 89, § 14. The county of Calhoun, to the 48th district. Id. p. 91, § 10. The County of Roane, to three districts, viz: so much as was taken from Kanawha, belongs to the 43d district; so much as was taken from Jackson; to the 45th district, and so much as was taken from Gilmer, to the 48th district. Id. p. 94. § 15. The county of Tucker, to the 48th district. Id. p. 97, § 14. The county of McDowell, to the 40th district. Acts 1857-8, p. 108, ch. 155, § 13. The county of Buchanan, to the 42d district. Id p. 110, § 13. The county of Clay, to the 44th district. Id. p. 113, § 14. The county of Webster is attached to two senatorial distric:s. The part taken from Nicholas and Braxton votes in the 44th, and the part taken from Randolph, in the 48th districts. Acts 1859-60, p. 156, ch. 47, § 15. So much of Bland county as was taken respectively from Giles, Tazewell and Wythe, shall remain attached to the electoral, congressional and senatorial districts respectively to which the said counties from which it was taken belong, and shall vote with said counties for members of the house of delegates. XLVII. The counties of Wetzel, Marshall, Marion and Tyler shall form another district: XLVIII. The counties of Upshur, Barbour, Lewis, Gilmer and Randolph shall form another district:* XLIX. The counties of Monongalia, Preston and Taylor shall form another district : L. The counties of Brooke, Hancock and Ohio shall form another district: Apportionment of Representation. 5. It shall be the duty of the general assembly, in the year one thousand eight hundred and sixty-five, and in every tenth year thereafter, in case it can agree upon a principle of representation, to reapportion representation in the senate and house of delegates in accordance therewith; and in the event the general assembly, at the first or any subsequent period of reapportionment, shall fail to agree upon a principle of representation and to reapportion representation in accordance therewith, each house shall separately propose a scheme of representation, containing a principle or rule for the house of delegates, in connection with a principle or rule for the senate. And it shall be the duty of the general assembly, at the same session, to certify to the governor the principles or rules of representation which the respective houses may separately propose, to be applied in making reapportionments in the senate and in the house of delegates: and the governor. shall, as soon thereafter as may be, bý proclamation, make known the propositions of the respective houses, and require the voters of the commonwealth to assemble at such time as he shall appoint, at their lawful places of voting, and decide by their votes between the propositions thus presented. In the event the general assembly shall fail, in the year one thousand eight hundred and sixty-five, or in any tenth year thereafter, to make such reapportionment,or certificate, the governor shall, immediately after the adjournment of the general assembly, by proclamation, require the voters of the commonwealth to assemble, at such time as he shall appoint, at their lawful places of voting, and to declare by their votes: First, whether representation in the senate and house of delegates shall be apportioned on the "Suffrage Basis;" that is, according to the number of voters in the several counties, cities, towns, and senatorial districts of the commonwealth : 66 Or, second, whether representation in both houses shall be apportioned on the 'Mixed Basis;" that is, according to the number of white inhabitants contained, and the amount of all state taxes paid, in the several counties, cities and towns of the commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, allowing one delegate for every seventy-sixth part of said inhabitants, and one delegate for every seventy-sixth part of said taxes, and distributing the senators in like manner : Or, third, whether representation shall be apportioned in the senate on taxation ; that is, according to the amount of all state taxes paid in the several counties, cities and towns of the commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, and in the house of delegates on the "Suffrage Basis" as aforesaid : Or, fourth, whether representation shall be apportioned in the senate on the "Mixed Basis" as aforesaid, and in the house of delegates on the "Suffrage Basis" * See note on page 12. as aforesaid: and each voter shall cast his vote in favor of one of said schemes of apportionment, and no more. 6. It shall be the duty of the sheriffs and other officers taking said polls, to keep the same open for the period of three days, and within five days after they are closed, to certify true copies thereof to the governor, who shall, as early as may be, ascertain the result of said vote, and make proclamation thereof; and in case it is ascertained that a majority of all the votes cast is in favor of either of the principles of representation, referred as aforesaid to the choice of the voters, the governor shall communicate the result of such vote to the general assembly, at its first regular session thereafter; but in case it is ascertained that a majority of all the votes cast is not in favor of either of the principles of representation referred as aforesaid to the choice of the voters, it shall be the duty of the governor, as soon as may be after ascertaining that fact, in like manner to cause the voters to decide between the two principles of representation which shall, at such previous voting, have received the greatest number of votes; and he shall ascertain and make proclamation of the result of the said last vote, and communicate the same to the general assembly at its next regular session; and in either case, the general assembly, at the regular session thereof, which shall be held next after the taking of the vote, the result of which shall have been so communicated to it by the governor, shall reapportion representation in the two houses respectively in accordance with the principle of representation in each, for which a majority of the votes cast were given; and it shall be the duty of the general assembly in every tenth year thereafter to reapportion and distribute the number of senators and delegates in accordance with the same principle. Qualifications of Shators and Delegates. 7. Any person may be elected senator, who, at the time of election, has attained the age of twenty-five years, and is actually a resident within the district, and qualified to vote for members of the general assembly, according to this constitution. And any person may be elected a member of the house of delegates, who, at the time of election, has attained the age of twenty-one years, and is actually a resident within the county, city, town or election district, qualified to vote for members of the general assembly according to this constitution; but no person holding a lucrative office, no minister of the gospel or priest of any religious denomination, no salaried officer of any banking corporation or company, and no attorney for the commonwealth, shall be capable of being elected a member of either house of assembly. The removal of any person elected to either branch of the general assembly from the county, city, town or district for which he was elected, shall vacate his office. Powers and Duties of the General Assembly. 8. The general assembly shall meet once in every two years, and not oftener, unless convened by the governor in the manner prescribed in this constitution. No session of the general assembly, after the first under this constitution, shall continue longer than ninety days, without the concurrence of three-fifths of the members elected to each house; in which case, the session may be extended for a |