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.