Chap. 228.—An ACT to provide for the submission to the people of the pro-
posed amendment to the tenth clause of article one of the constitution of
Virginia, in relation to the mode of trial in criminal or capital prosecutions.

Approved February 12, 18%,

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the officers conducting the election directed by law
to be held on the first Tuesday after the first Monday in November,
eighteen hundred and ninety-four, at the places appointed for hold-
ing the same, to open a poll to take the sense of the qualified voters
of this commonwealth upon the ratification or rejection of the
amendment to the constitution of Virginia contained in the joint
resolution proposing an amendment to the said constitution in rela-
tion to the mode of trial in criminal or capital prosecutions, and
directing a submission of said proposed amendment to the people
for their approval and ratification, to-wit: Strike from constitution
of Virginia the tenth clause of article one of the same, which is in
these words:

ARTICLE ONE,

§ 10. That in all capital or criminal prosecutions a man hath the
right to demand the cause and nature of his accusation, to be con-
fronted with the accusers and witnesses, to call for evidence in his
favor, and to a speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found guilty, nor
can he be compelled to give evidence against himself; that no man
can be deprived of his liberty except by the law of the Jand or the
judgment of his peers.

And in lieu thereof insert the following:

§ 10. That in all criminal or capital prosecutions a man hath a
right to demand the cause and nature of his accusation, to be con-
fronted with his accusers and witnesses, to call for evidence in his
favor, and to a speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found guilty; but
the general assembly may, by law, provide for the trial otherwise
than by a jury of a man accused of a criminal offence not punish-
able by death or confinement in the penitentiary; nor can he be
compelled to give evidence against himself; that no man be de-
prived of his liberty except by the law of the land or the judgment
of his peers.

Schedule.—At such election each of said voters who shall approve
said amendment shall, on the ballot which he uses to vote at said
election, have written or printed the words, “ For the amendment to
the constitution’; and each of said voters who shall be opposed to
said amendment shall, on the ballat which he uses to vote at said
election, have written or printed the words, “Against the amend-
ment to the constitution.”

That immediately after closing the polls the said officers shall
count the ballots deposited at said election for and against said
yposed amendment, and shall make return thereof at the time and
the manner provided by law as in the case of other elections, and
shall be the duty of the clerks and commissioners of election of
+h county, respectively, to make out, certify and forward an ab-
act of the votes cast for and against said proposed amendment
the manner now prescribed by law in relation to votes cast in gen-
I election.

it shall be the duty of the secretary of the commonwealth and of
» state board of canvassers to open and canvass the said abstract
returns and to examine and make statement of the whole number
votes given at said election for said proposed amendment and
inst said proposed amendment, respectively, in the manner now
scribed by law in relation to votes cast in general election, and it
all be duty of the secretary of the commonwealth to record said
‘tified statement in his office, and, without delay, to make out and
nemit to the governor of the commonwealth an official copy of
id statement, certified by him under his seal of office.

rhe governor shall, without delay, make proclamation of the re-
It, stating therein the aggregate vote for and against said amend-
nt, to be published in such newspapers in the state as may be
emed requisite for general information, and if a majority of said
tes be cast for the ratification of the amendment he shall annex
his proclamation a copy thereof.

The secretary of the commonwealth shall cause to be sent to the
rks of each county and corporation as many copies of this act as
ere are places of voting therein, and it shall be the duty of said
rks to deliver the same to the sheriffs for distribution, whose duty
shail be forthwith to post the said copies at some public place in
ch election district.

The expenses incurred in conducting this election shall be de-
ayed as in the case of the election of members of the general
sembly.

2. This act shall be in force from its passage.

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