with the recommendation of the general congress, ordain and declare a form of government of Virginia :

And whereas a convention held on the first Monday in October, in the year one thousand eight hundred and twenty-nine, did propose to the people of the Commonwealth an amended constitution or form of government, which was ratified by them:

And whereas the General Assembly of Virginia, by an act passed on the fourth of March, in the year one thousand eight hundred and fifty, did provide for the election, by the people, of delegates to meet in general convention, to consider, discuss and propose a new constitution, or alterations and amendments to the existing constitution of this Commonwealth; and by an act passed on the thirteenth of March, in the year one thousand eight hundred and fifty-one, did further provide for submitting the same to the people for ratification or rejection; and the same having been submitted accordingly, was ratified by them :

And whereas the General Assembly of Virginia, by an act passed on the twenty-first day of December, in the year one thousand eight hundred and sixty-three, did provide for the election, by the people, of delegates to meet in general convention to consider, discuss and adopt alterations and amendments to the existing constitution of this Commonwealth, the delegates so assembled did, therefore, having maturely considered the premises, adopt a revised and amended constitution as the form of government of Virginia:

And whereas the Congress of the United States did, by an act passed on the second day of March, in the year one thousand eight hundred and sixty-seven, and entitled "An act to provide for the more efficient government of the rebel States," and by acts supplementary thereto, passed on the twenty-third day of March and the nineteenth day of July, in the year one thousand eight hundred and sixty-seven, provide for the election, by the people of Virginia, qualified to vote under the provisions of said acts, of delegates to meet in convention to frame a constitution, or form of government for Virginia, in conformity with said acts; and by the same acts did further provide for the submitting of such constitution to the qualified voters for ratification or rejection :

We, therefore, the delegates of the good people of Virginia, elected and in convention assembled, in pursuance of said acts, have adopted the following constitution and form of government for this commonwealth :

ARTICLE I.

BILL OF RIGHTS.

The declaration of rights, as prefixed to this constitution, shall have the same relation thereto as it had to the former constitution,

ARTICLE II.

DIVISION OF POWERS.

The legislative, executive and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to either house of assembly.

JAMES H. PLATT, Jr.,
Chairman of Committee.

MEMORANDUM

Of Reply by Major-General Schofield to the Committee of the Virginia Constitutional Convention, appointed January 4, 1868, to confer with General Schofield and the Auditor of Public Accounts upon the subject of the Pay of Members and Employees of the Con

vention.

"Soon after the passage of the act of Congress of March 2d, 1867, a bill passed the Senate of the General Assembly of Virginia, providing for the calling of a Convention in accordance with the terms of the said act of Congress. That bill was under consideration in the House of Delegates when, at the extra session in March, 1867, Congress had under discussion the bill supplementary to the act of March 2d, requiring the Commanding General, instead of the State government, to call the Convention, which bill finally became a law March 23d. Pending this legislation of Congress, the bill under consideration in the House of Delegates was laid upon the table. While the question of calling a Convention was under consideration in the General Assembly, the tax bill for the current year was framed and brought before the House of Delegates. In making up the estimate upon which that bill was based, an item of one hundred thousand dollars was included to defray the expenses of a Constitutional Convention. The tax bill, framed upon the basis above referred to, was passed and became a law some time subsequent to the passage of the act of Congress of March 23d, and after the bill for calling a Convention was laid on the table by the Virginia House of Delegates. The sum of one hundred thousand dollars, estimated and included in the tax bill as above stated, was clearly intended by the State Legislature to be appropriated to the payment of the expenses of a Convention to be called in pursuance of the act of Congress.

"No special appropriation was made by the Legislature, for this or any other purpose, for the fiscal year commencing on the first day of October, 1867; but in lieu of special appropriations, a general appropriation was made for the current expenses of the Commonwealth. The Auditor of Public Accounts does not, and very properly, regard the above enactment as sufficient authority for him to issue warrants for the payment of expenses of the Convention, but is willing to issue such warrants upon my orders, based upon ordinances of the Convention.

"The act of Congress of March 23d having authorized the Convention to levy and collect a tax for the payment of its expenses, and the State Legislature having, subsequent to the passage of that act of Congress, passed a tax bill including an estimate for the same purpose, it is clear that the money collected and paid into the treasury in pursuance of the act of the General Assembly ought to be used for the purpose contemplated, and the people thus saved the great burden of a special tax and the expense of collecting it in a time of general depression.

"It may be questioned whether there is in the acts of Congress any specific authority for my order for the payment of monies out of the State treasury. However this may be, I have no hesitation in deciding that it is my duty to do in this case what is so clearly demanded by the best interests of the State, leaving it to those who have a right to judge, including the people of Virginia, to hereafter vindicate the wisdom, justice and substantial legality of my action.

"I will, as heretofore, authorize and direct the Auditor of Public Accounts to issue warrants for the payment of the per diem of members and officers, and other expenses authorized by ordinances of the Convention, from time to time, as the condition of the treasury may justify; the amount so paid not to exceed the sum realized from the tax levied for that purpose. This amount, it is estimated by the Auditor, will be somewhat, though not much, less than the amount estimated, and will no doubt be paid into the treasury as rapidly as needed.

"It may be proper to suggest for the consideration of the Convention, whether the amount estimated and collected may not be sufficient to defray the expenses of any election that may be ordered by the Convention, in addition to the support of the Convention while in session."

A true copy:

J. A. CAMPBELL,

Brevet Lt. Col. U. S. A., A. A. A. G.

COMMUNICATION

FROM THE

AUDITOR OF PUBLIC ACCOUNTS.

STATE OF VIRGINIA,
AUDITORR'S OFFICE,

RICHMOND, V▲., January 8, 1868.

To the HON. JOHN C. UNDERWOOD, President of the Convention :

SIR:

I beg leave to hand herewith a statement, prepared at the request of the Convention, showing the amount of tax assessed upon oysters, under the act of Assembly passed the 3d of March, 1866, and the amount of expenses incurred in its collection.

The tax collected, it will be observed, has been comparatively small, and the expense heavy. It is proper to state that the collection would have been from twenty to thirty thousand dollars more, but for the defalcation of the late Collector in Portsmouth, Mr. Hurst, by which the State lost about the sum I have indicated, less some five thousand dollars State stock realized from Hurst's sureties.

It is confidently believed that as soon as the three steamers, now in progress of building, shall be completed and ready for use, which will be probably during the coming week, the expenses of collecting will be materially diminished and the revenue largely increased. I see no reason to change the opinion I have uniformly expressed upon the subject, that unless some restrictive legislation should be interposed, a nett revenue of from one to two hundred thousand dollars can be realized from this source of taxation, without being oppressive to those who may engage in the business.

This communication would have been sent in at an earlier day, but in the pressure of business upon the office the matter was overlooked, though the statement itself was prepared in December.

I am, very respectfully,

WM. F. TAYLOR,

Auditor Public Accounts.