Part 26 (1/2)
SEC 9 That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
SEC 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 offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted
SEC 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, but the General a.s.sembly may limit the number of jurors for civil cases in circuit and corporation courts to not less than five in cases now cognizable by justices of the peace, or to not less than seven in cases not so cognizable
SEC 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
SEC 13 That a well regulated milita, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state, that standing armies, in time of peace, 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
SEC 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 therof
SEC 15 That no free government, or the blessing 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
SEC 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 ent.i.tled 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 towards each other
SEC 17 The rights enumerated in this Bill of Rights shall not be construed to limit other rights of the people not therein expressed.
ARTICLE II
ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE
SEC 18 Every male citizen of the United States, twenty one years of age, who has been a resident of the State two years, of the county, city, or town one year, and of the precinct in which he offers to vote, thirty days, next preceding the election in which he offers to vote, has been registered, and has paid his state poll taxes, as hereinafter required, shall be ent.i.tled to vote for members of the General a.s.sembly and all officers elective by the people; but removal from one precinct to another, in the same county, city or town shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days after such removal.
SEC. 19. There shall be general registrations in the counties, cities and towns of the State during the years nineteen hundred and two and nineteen hundred and three at such times and in such manner as may be prescribed by an ordinance of this Convention. At such registrations every male citizen of the United States having the qualifications of age and residence required in section Eighteen shall be ent.i.tled to register, if he be:
First. A person who, prior to the adoption of this Const.i.tution, served in time of war in the army or navy of the United States, of the Confederate States, or of any state of the United States or of the Confederate States; or,
Second. A son of any such person; or,
Third. A person, who owns property, upon which, for the year next preceding that in which he offers to register, state taxes aggregating at least one dollar have been paid; or,
Fourth. A person able to read any section of this Const.i.tution submitted to him by the officers of registration and to give a reasonable explanation of the same; or, if unable to read such section, able to understand and give a reasonable explanation thereof when read to him by the officers.
A roll containing the names of all persons thus registered, sworn to and certified by the officers of registration, shall be filed, for record and preservation, in the clerk's office of the circuit court of the county, or the clerk's office of the corporation court of the city, as the case may be. Persons thus enrolled shall not be required to register again, unless they shall have ceased to be residents of the State, or become disqualified by section Twenty-three. Any person denied registration under this section shall have the right of appeal to the circuit court of his county, or the corporation court of his city, or to the judge thereof in vacation.
SEC. 20. After the first day of January, nineteen hundred and four, every male citizen of the United States, having the qualifications of age and residence required in section Eighteen, shall be ent.i.tled to register, provided:
First. That he has personally paid to the proper officer all state poll taxes a.s.sessed or a.s.sessable against him, under this or the former Const.i.tution, for the three years next preceding that in which he offers to register; or, if he come of age at such time that no poll tax shall have been a.s.sessable against him for the year preceding the year in which he offers to register, has paid one dollar and fifty cents, in satisfaction of the first year's poll tax a.s.sessable against him; and,
Second. That, unless physically unable, he make application to register in his own handwriting, without aid, suggestion, or memorandum, in the presence of the registration officers, stating therein his name, age, date and place of birth, residence and occupation at the time and for the two years next preceding, and whether he has previously voted, and, if so, the state, county, and precinct in which he voted last; and,
Third. That he answer on oath any and all questions affecting his qualifications as an elector, submitted to him by the officers of registration, which questions, and his answers thereto, shall be reduced to writing, certified by the said officers, and preserved as a part of their official records.
SEC. 21. Any person registered under either of the last two sections, shall have the right to vote for members of the General a.s.sembly and all officers elective by the people, subject to the following conditions:
That he, unless exempted by section Twenty-two, shall, as a prerequisite to the right to vote after the first day of January, nineteen hundred and four, personally pay, at least six months prior to the election, all state poll taxes a.s.sessed or a.s.sessable against him, under this Const.i.tution, during the three years next preceding that in which he offers to vote; provided that, if he register after the first day of January, nineteen hundred and four, he shall, unless physically unable, prepare and deposit his ballot without aid, on such printed form as the law may prescribe; but any voter registered prior to that date may be aided in the preparation of his ballot by such officer of election as he himself may designate.
SEC. 22. No person who, during the late war between the States, served in the army or navy of the United States, or the Confederate States, or any state of the United States, or of the Confederate States, shall at any time be required to pay a poll tax as a prerequisite to the right to register or vote. The collection of the state poll tax a.s.sessed against any one shall not be enforced by legal process until the same has become three years past due.