The principal changes made in the old Constitution were alterations as to the right of suffrage, which made a more liberal provision as to those citizens excluded under the former Constitution, and the basis of representation. The provisions as to the elective franchise were as follows:

"ARTICLE III.

"14. Every white male citizen of the Commonwealth, resident therein, aged twenty-one years and upwards, being qualified to exercise the right of suffrage according to the former Constitution and laws; and every such citizen, being possessed, or whose tenant for years, at will or at sufferance, is possessed, of an estate of freehold in land of the value of twenty-five dollars, and so assessed to be if any assessment thereof be required by law; and every such citizen, being possessed, as tenant in common, joint tenant or parcener, of an interest in or share of land, and having an estate of freehold therein, such interest or share being of the value of twenty-five dollars, and so assessed to be if any assessment thereof be required by law; and every such citizen, being entitled to a reversion or vested remainder in fee, expectant on an estate for life or lives, in land of the value of fifty dollars, and so assessed to be if any assessment thereof be required by law; (each and every such citizen, unless his title shall have come to him by descent, devise, marriage or marriage settlement, having been so possessed or entitled for six months;) and every such citizen, who shall own and be himself in actual occupation of a leasehold estate, with the evidence of title recorded two months before he shall offer to vote, of a term originally not less than five years, of the annual value or rent of twenty dollars; and every such citizen, who for twelve months next preceding has been a housekeeper and head of a family within the county, city, town, borough or election district where he may offer to vote, and shall have been assessed with a part of the revenue of the Commonwealth within the preceding year, and actually paid the same-and no other persons-shall be qualified to vote for members of the General Assembly, in the county, city, town or borough, respectively, wherein such land shall lie, or such housekeeper and head of a family shall live. And in case of two or more tenants in common, joint tenants or parceners, in possession, reversion or remainder, having interest in land, the value whereof shall be insufficient to entitle them all to vote, they shall together have as many votes as the value of the land shall entitle them to: and the Legislature shall by law provide the mode in which their vote or votes shall in such case be given. Provided, nevertheless, That the right of suffrage shall not be exercised by any person of unsound mind, or who shall be a pauper, or a non-commissioned officer, soldier, seaman or marine, in the service of the United States, or by any person convicted of any infamous offence.

"15. In all elections in this Commonwealth, to any office or place of trust, honour or profit, the votes shall be given openly, or viva voce, and not by ballot."

(Proceedings of the Convention, p. 900.)

This clause liberalized the elective franchise to the extent and degree, as set out above, from the beginning of the sentence, line 16, Art. III—“and every such citizen"-to the sentence beginning "Provided, nevertheless." The most noted departure from the old Constitution was the provision that allowed "housekeepers and heads of families' to vote, contrary to the policy of the ancient Constitution, and which was the initial permission of nonfreeholders, of any class, to exercise the right of suffrage in the Commonwealth. These newly qualified voters became generally known by the political nickname of "Pot-boilers," in the succeeding contests in the State.

Under the provisions of this clause the voter was allowed to vote "in the county, city, town or borough, respectively, wherein such land shall lie, or such housekeeper and head of a family shall live." Electors, under this remarkable provision, cast their votes in each county, city, town or borough wherein they owned or held land of the value named, in accordance with the said permission. This produced the anomalous authority to a suffragan to vote in as many places as he owned or held land; and voters are reputed to have voted in as many as three counties at the same election.

The basis of representation, which was very bitterly and strenuously debated in the Convention, was but slightly altered, and was almost in substance the same as in the Constitution of 1776; though there was a considerable change in the phraseology, and an enlargement of the enumeration of counties and districts represented, and a clearer delineation of the manner of future apportionments.

(See Proceedings of the Convention, pp. 897, 898, 899.)

These provisions were compromises, and were not satisfactory, though the Constitution was adopted by the people, when submitted for "ratification or rejection." The agitation, though it subsided in some degree, continued, and twenty years afterwards resulted in the Convention of 1850-51. When we contemplate the momentous issues at stake, and the brilliance and amplitude of the discussions, in this Convention, we are apt to deem the things accomplished meagre and disproportionate to the efforts and the time employed; but there was much acrimony and controversy existing, and compromises had to be made to gain the wise and conservative government that these pure and exalted statesmen and patriots established, and which stands as an enduring monument to their wisdom, erudition and moderation.

PROCEEDINGS OF THE CONVENTION OF 1829-30.

The Convention met Monday, October 5, 1829, in the Assembly Room of the House of Delegates, in the Capitol, in the city of Richmond, and continued in session until Friday, January 15, 1830, having existed three months and ten days.

This Convention consisted of ninety-six members, four being elected from each District, at the May and June Terms of the County Courts, 1829, pursuant to the act of the General Assembly, passed February 10, 1829, and

acts amendatory thereof. (See Sup. to Revised Code 1819, pp. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.)

James Monroe, Ex-President of the United States, was chosen President of the Convention, by unanimous vote. Philip P. Barbour was selected to preside at a later day, the labors incident to the office becoming too onerous for the venerable President.

The Convention elected no special Chaplain. A motion was made to that effect, but a substitute was offered to the effect that the President of the Convention be requested to present to the Clergy officiating statedly in Richmond an invitation to serve in rotation as Chaplains to the House, which was adopted. The Journals show that the sessions of the Convention were opened with prayer, and that ministers of all denominations officiated. (See Proceedings of the Convention, p. 6.)

George W. Munford was elected Clerk of the body, after a spirited contest, in which Spotswood Garland, Erasmus Stribbling, Edmund Pendleton, David J. Briggs and Thomas B. Barton were his opponents for the office. William Randolph was elected Sergeant-at-Arms of the Convention.

A resolution was adopted, that the "Reporters for the newspapers in the town of Richmond be admitted to seats for the purpose of taking notes of the proceedings of the Convention." Nothing of this sort had been done in the previous Conventions in the State, as far as appears from the Journals.

The Rules of the House of Delegates of Virginia were adopted, so far as they would apply, to regulate the proceedings and deliberations of the Convention; and a committee was appointed to report these rules to the Convention, which was done, and embodied in the Journal of the body. (See Proceedings of the Convention, p. 11.)

The Convention constituted a Committee of Privileges and Elections.
The other main committees constituted by the Convention were :

Committee to consider the Legislative Department of the Government: Messrs. Leigh, (of Chesterfield), Brodnax, Tyler, Anderson, Johnson, Bierne, Mason, Randolph, Madison, Mercer, Cocke, Pendleton, George, Roane. Chapman, Summers, Doddridge, Green, Tazewell, Campbell, (of Bedford), Townes, Pleasants, Taliaferro, Joynes.

Committee on the Executive Department:

Messrs. Giles, Dromgoole, Nicholas, Coffman, McCoy, Smith, Trezvant, Leigh, (of Halifax), Barbour, (of Orange), Fitzhugh, Powell, Naylor, Campbell, (of Washington), Garnett, Cloyd, Duncan, Morgan, Barbour, (of Culpeper), Loyall, Claytor, Cabell, Gordon, Bates, Upshur.

Committee on the Judicial Department:

Messrs. Jones, Alexander, Marshall, Harrison, Baldwin, Miller, Claiborne, Venable, Standard, Henderson, Griggs, Boyd, McMillan, Morris, Mathews, Laidley, Campbell, (of Ohio), Scott, Taylor, Mennis, Martin, Thompson, Bayly.

Committee to consider the Bill of Rights, and other matters not referred to the foregoing committees :

Messrs. Taylor, (of Chesterfield), Goode, Clopton, Williamson, Moore, Baxter, Urquhart, Logan, Opie, Donaldson, Byars, Taylor, (of Caroline), Oglesby, See, Wilson, Macrae, Prentis, Saunders, Stuart, Massie, Read.

(See proceedings of the Convention, p. 22.)

In considering the various matters reported from the Committees to the House the Convention resolved itself into a Committee of the Whole.

The Constitution adopted by the Convention was entitled "An Amended Constitution or Form of Government for Virginia"; and was adopted by that body, January 14, 1830. By a provision in a schedule appended to the Constitution, it was "submited to the people of this Commonwealth, for their ratification or rejection." While the expression "the people" was used, the only persons permitted to vote on the " ratification or rejection of the Constitution, were the qualified voters under this Amended Constitution; though the Convention did not provide that it should be submitted to them, in so many words. The Convention was silent on this Subject; but the act of 1827-28 to organize the Convention provides-"that the Amended Constitution shall be submitted for ratification or rejection, to all such persons, as shall, by the Amended Constitution, be authorized to vote for members of the Legislature, or by the Convention shall be authorized to vote on the question of its ratification or rejection."

This provision was also made in the act: "And it shall further be the duty of the said sheriffs, at the elections aforesaid, to receive the votes of all such persons as shall by the Amended Constitution be authorized to vote for members of the most numerous branch of the Legislature, or by the said Convention shall be authorized to vote on the ratification or rejection of the new Constitution." (Acts 1828-29, ch. 15, pp. 17-22; and Sup. Revised Code, 1819-p. 8.)

John Randolph, of Roanoke, offered this resolution:

"Resolved, That the Amended Constitution adopted by this Convention, be submitted on the respective election days in the month of April next, to the persons qualified to vote under the existing Constitution, for members of the General Assembly," which was defeated; the Convention holding that its silence left the submission of the new Constitution to the qualified voters under the Amended Constitution. (See Proceedings of the Convention-pp. 884, 885, 886, 887, 888, 889, 890, 891, 892.)

There were some interesting alterations of the former Constitution as to offices. The members of the House of Delegates and Senate were left elective by the "freeholders" as explained. The Governor remained elective by the joint ballot of the two branches of the General Assembly. The Council of State was retained, also to be elected by joint ballot of the two Houses of the General Assembly; but its number was decreased from eight to three, with authority to one or more to act. The senior Councillor was Lieutenant-Governor. The Constitution provided for a Supreme Court of

Appeals, Superior Courts, County Courts and Justices of the Peace; all of whom were elective by the joint ballot of the two Houses of the General Assembly, except the Justices of the Peace who were appointed by the Governor. The Attorney-General was appointed by the joint vote of the two Houses of the General Assembly. The clerks were appointed by the Judges of their respective courts. The Sheriffs and Coroners were nominated by the respective County Courts and approved and commissioned by the Governor. The Justices of the Peace appointed the Constables.

The Convention near its close referred all of the resolutions which had been passed by the body to a committee of seven, composed of the most conspicuous, talented and brilliant members-James Madison, John Marshall, Littleton W. Tazewell, Philip Doddridge, Benjamin Watkins Leigh, Chapman Johnson and John R. Cooke-with the direction that they draft them into the form of a Constitution, which service they performed with great skill and ability.

There is one change in the Constitution embodied in section 7, article III., and in these words: "All persons holding lucrative offices, and ministers of the gospel and priest of every denomination shall be incapable of being elected members of either House of Assembly," which was rather remarkable and restrictive. (See section 7, article III, Sup. Revised Code, 1819, p. 20. Proceedings of the Convention, p. 899.)

For the Constitution of 1829-30, see the Code of Virginia, 1849, pp. 32–46.

THE DELEGATES TO THE CONVENTION OF 1829-'30.

(Elected at May and June County Courts, 1829.)

District of Amelia, Chesterfield, Cumberland, Nottoway, Powhatan, and Town of Petersburg.-John W. Jones, of Chesterfield; Benjamin W. Leigh, of Chesterfield; Samuel Taylor, of Chesterfield; William B. Giles, of Amelia. District of Brunswick, Dinwiddie, Lunenburg, and Mecklenburg.-William H. Brodnax, of Dinwiddie; George C. Droomgoole, of Brunswick; Mark Alexander, of Mecklenburg, William O. Goode, of Mecklenburg.

District of the City of Williamsburg, Charles City, Elizabeth City, James City, City of Richmond, Henrico, New Kent, Warwick, and York.-John Marshall (C. J, U. S.), of Richmond city; John Tyler, of Charles City; Philip N. Nicholas, of Richmond city; John B. Clopton, of New Kent.

District of Shenandoah and Rockingham.-Peachy Harrison, of Rockingham; Jacob Williamson, of Rockingham; William Anderson, of Shenandoah; Samuel Coffman, of Shenandoah.

District of Augusta, Rockbridge, and Pendleton.-Briscoe G. Baldwin, of Augusta; Chapman Johnson, of Augusta; William McCoy, of Pendleton; Samuel McD. Moore, of Rockbridge.