A BILL,

To take the sense of the People upon the Call of a Convention, and if it be called, to provide for its Organization.

Proposed by Mr. Carlile as a Substitute for the Bill passed by the House of Delegates.

WHEREAS, it is represented to the General Assembly, that a por2 tion of the good people of this Commonwealth are desirous of amend3 ing the Constitution of the State:

1. Be it therefore enacted, That it shall be the duty of the officers 2 authorised to conduct elections within this Commonwealth, at the time 3 and places of holding their respective elections for delegates to the 4 General Assembly in the month of April next, to open separate polls 5 for the purpose of taking the sense of the people upon the following 6 questions: First, Whether they desire a Convention or not? And 7 second, Whether such Convention shall be organized upon the basis 8 of white population exclusively? The polls to be opened shall con9 tain four columns, and shall be headed on the one side of the poll 10 book thus: Shall there be a Convention to amend the Constitution 11 of this Commonwealth?

12

Convention.

No Convention.

13 And on the other side of the poll book thus: "Shall the Convention 14 if called, be based on white population alone?"

16 The officers conducting the elections shall take the vote on the ques17 tions aforesaid, of every person qualified according to the existing 18 laws of this Commonwealth to vote for delegates to the General As19 sembly, who shall come forward during such election to give his vote, 20 and shall cause the names of those who vote for a convention to be 21 written in the first column under the word "Convention", the names

22 of those who vote against a convention to be written in the second 23 column under the words "No Convention," the names of those who 24 vote that the convention, if called, shall be based on white population 25 alone, in the third column under the words "White basis," and the 26 names of those who vote against that basis for the convention in the 27 fourth column, under the words "No White basis." And no person 28 shall be permitted to vote on said questions more than once, either in 29 the same county or in different counties.

2. It shall be the duty of the officers, before they commence taking 2 the polls provided for in this act, to take and subscribe before some 3 Justice of the Peace for their County or City the following oath or 4 affirmation: "We, A, B, &c., do solemnly swear (or affirm), that in 5 conducting the poll concerning a convention, we will, to the best of our 6 skill and judgment, admit all persons to vote entitled to do so, and re7 ject all not so entitled, and that, as far as depends on us, we will make 8 a just, true and fair return of the results, according to law. So help 9 us God." And the justice shall return said oath or affirmation so 10 taken and subscribed to the clerk to whom polls for delegates to the 11 General Assembly are made returnable by law.

3. The officers conducting the elections shall appoint writers who 2 shall make oath or affirmation before some Justice of the Peace that 3 they will take the polls faithfully and impartially; and they shall de4 liver to them poll books prepared in the manner prescribed by this 5 act; and after the names of all the electors who have voted shall 6 have been entered, they shall conclude the polls; whereupon the 7. officers conducting said election shall certify at the foot thereof the 8 correctness of said polls, and forthwith deliver the same to the clerks 9 to whom the polls for delegates to the General Assembly are return10 able by law, to be by them safely kept and preserved in their respec11 tive offices.

4. It shall be the duty of the several clerks aforesaid, and of the 2 officers who may have conducted the said election at the Courthouse 3 of any county, or of the Mayors or other officers who may have con4 ducted the said election in any city, town or borough, within ten 5 days after the reception by said clerks respectively of said polls, to 6 examine said poll books, and to strike therefrom the names of such

7 persons as shall have voted more than once; and said clerks and con8 ducting officers shall add up said polls, and shall transmit by mail to 9 the Executive of this Commonwealth a true statement of the result of 10 the same, verified by oath or affirmation before some Justice of the 11 Peace, in form following, viz: "We, A B, Clerk of 12 and C D, who conducted the election on the

13 1850, at

14

day of April, Courthouse (or in the city, town, or borough of ,) do solemnly swear (or affirm), that we have care

15 fully examined, corrected, and summed up the polls taken for said 16 county, (or city, town, or borough,) of

17 votes were polled for a Convention;

and that votes against a Con

22 Subscribed and sworn to before me a Justice of the Peace.

23

J. P."

5. It shall be the duty of the said Executive to ascertain the results, 2 as exhibited by said statement of the polls, on or before the 3 day of

next, and within five days thereafter to declare the same 4 by Proclamation, to be published in such newspapers as in the opinion 5 of the Executive will be best calculated to diffuse general informa6 tion thereof, and at least once a week until the day of election herein7 after appointed; and if it be ascertained that a majority of the votes 8 cast are in favor of a convention, and that a majority of the votes 9 cast are in favor of the white basis of representation in said conven10 tion, the said Executive shall at the same time and in like manner 11 make proclamation for holding a general election of delegates to said 12 convention according to the apportionment and districts prescribed in 13 the sixth section of this act. And the election of delegates to said 14 convention shall be held on the

day of

next.

6. The apportionment and districts shall be as prescribed in this sec2 tion. The districts composed of the following counties, cities and 3 towns, shall elect delegates as follows :-Brooke, Hancock and Ohio, 4 four delegates; Wetzel, Tyler, Marshall, Harrison and Doddridge, 5 five delegates; Preston, Marion and Monongalia, five delegates; Bar6 bour, Randolph, Taylor and Lewis, four delegates; Wood, Ritchie, 7 Wirt, Gilmer and Jackson, four delegates; Kanawha, Braxton, Boone,

8 Fayette and Nicholas, four delegates; Cabell, Mason, Wayne, Put9 nam, and Logan, four delegates; Greenbrier, Pocahontas, Alleg10 hany, Monroe and Mercer, four delegates; Giles, Tazewell, Mont11 gomery and Pulaski, four delegates; Smyth, Wythe and Washington, 12 four delegates; Scott, Lee, and Russell, five delegates; Carroll, 13 Grayson, Patrick and Henry, four delegates; Roanoke, Franklin, 14 Floyd and Botetourt, five delegates; Augusta, Rockbridge and Bath, 15 five delegates; Pendleton, Rockingham and Highland, four delegates; 16 Shenandoah, Hardy and Page, four delegates; Frederick and Hamp17 shire, four delegates; Jefferson, Berkeley, Morgan and Clarke, four 18 delegates; Fauquier, Warren, Rappahannock and Prince William, 19 four delegates; Fairfax, Loudoun, and Alexandria, four delegates ; 20 Orange, Culpeper, Madison, Greene and Spottsylvania, four dele21 gates; King George, Stafford, Westmoreland Richmond, Essex, 22 Northumberland and Caroline, four delegates; Nelson, Amherst and 23 Albemarle, four delegates; Goochland, Fluvanna, Louisa, Hanover, 24 Powhatan and Cumberland, four delegates; Richmond city, Henrico, 25 and Charles City, four delegates; Williamsburg, Lancaster, King & 26 Queen, Matthews, Middlesex, Gloucester, King William, New Kent, 27 James City, York and Warwick, four delegates; Norfolk City, Eliza28 beth City, Norfolk county and Princess Anne, four delegates; Isle of 29 Wight, Nansemond, Southampton, Sussex and Surry, three delegates; 30 Petersburg, Chesterfield, Dinwiddie, Nottoway, Prince George and 31 Amelia, four delegates; Accomack and Northampton, two delegates ; 32 Mecklenburg, Lunenburg, Greenesville, Brunswick, Charlotte and 33 Prince Edward, four delegates; Halifax, and Pittsylvania, four dele34 gates; Campbell, Bedford, Appomattox and Buckingham, five dele35 gates.

7. Be it further enacted, That the persons qualified according to law 2 to vote for members of the House of Delegates in each county, city, 3 town, and borough in this Commonwealth, shall assemble at their re4 spective courthouses, or other places appointed by law, for holding 5 elections of members of the General Assembly, on the fourth Thursday 6 in August next, and then and there vote for as many discreet and pro7 per persons as members of the said convention, as are designated in 8 the sixth section of this act for their respective districts and in said 9 election no person shall be permitted to vote more than once, either 10 in the same county or in different counties; and any person who shall