Chapter 8

In any case of appeal or complaint against any person connected with the schools in their districts the county or city superintendents must hold inquiry into the matter and give decision upon it. In making such inquiry they can call witnesses and administer oaths to such witnesses before taking their testimony.

It is also the duty of the superintendents to prepare annually a scheme or plan for apportioning the State and county school funds among the school districts under their supervision.

SCHOOL TRUSTEE ELECTORAL BOARD.

Composed of the County Superintendent of Schools, the Commonwealth's Attorney, and a resident qualified voter, not a county or state officer, to be appointed by the Judge of the Circuit Court; shall fill all vacancies in the district boards of school trustees. In cities and towns school trustees are appointed by municipal councils.

A vacancy occurs every year in each district board. The district board when first formed was composed of three members, one to serve three years, one to serve two years, and the other to serve one year, all appointments afterwards to be for three years each. Thus there is one vacancy every year in the board, and it is the duty of the School Trustee Electoral Board to appoint a new trustee to fill the vacancy.

County School Board.

Composed of the County Superintendent (who is ex officio president) and the District School Trustees of the county--"a body corporate"; shall make necessary bylaws and regulations, shall have a regular annual meeting between the 1st and 15th of August; shall prepare and file with the Superintendent before July 15th an estimate of the amount of money that will be needed for public school purposes in the county for the next year, also a similar list for each school district based on the estimate of the District Board, which lists the Superintendent shall lay before the Board of Supervisors; shall make settlement with treasurers and school officers; shall administer certain properties devoted to school purposes.

Ex officio is a Latin phrase meaning by virtue of office. The county superintendent is president of the County School Board, not by election or appointment, but because of his office as county superintendent.

A body corporate is a corporation, the meaning of which term is explained on page 14.

Property of any kind, either public funds or donations from private persons, set apart or devoted to school purposes in the county is administered by the County School Board--that is, managed and used by the board for the support of schools in the county.

District.--School Districts.

Each county shall be divided into compactly located school districts, which shall correspond with the magisterial districts, unless specially subdivided; except that a town of five hundred or more inhabitants may form a separate school district.

School Trustees.

One shall be appointed annually for each district for a term of three years; must be able to read and write.

School trustees are appointed annually by the School Trustee Electoral Board, as explained above.

District Board of School Trustees.

"A body corporate"--composed of the three trustees of the district; shall hold and manage the school property of the district; provide suitable school houses, etc.; enforce school laws; employ and dismiss teachers; suspend and dismiss pupils; see that census of children of school age (5 to 21) is taken every five years; submit to the County School Board annually an estimate of the amount of money needed for public school purposes in the district for the next scholastic year.

In cities the Board is composed of all the trustees in the city, and its duties and powers are modified and enlarged.

The census of children is the numbering or counting of the children residing in the district.

The scholastic year is the part of the year during which the schools are open.

The District Board of School Trustees has the whole care and administration of the schools in its charge, and is thus the most important local body in the civil government of the State.

School Funds.

1. State Funds. The interest on the literary fund, the capitation tax, and a tax on property of one mill on the dollar.

2. County Funds. Such tax as the Board of Supervisors may levy for county school purposes; fines and penalties imposed on the Superintendent; donations, or the income arising therefrom.

3. District Funds. Such tax as the Board of Supervisors may levy for the purposes of the school district; fines and penalties imposed on district school officers and teachers; donations, or income arising therefrom.

The County or City Treasurer receives and pays out all school funds.

For explanation of literary fund, see page 37, and for capitation tax, see page 82. The tax of one mill on the dollar means a tax of one mill on each dollar of the assessed valuation of the property.

Certain fines and other money penalties may be imposed by the Board of Education or by the courts or county superintendents for failing or refusing to perform certain duties Such fines and penalties are added to the school fund for the county

When district school officers or teachers are fined for neglect of duty the money goes to the district fund. Donations are contributions or gifts from private individuals. If such gifts are real estate, the income arising therefrom is the rent of such real estate or the interest on the amount realized by its sale.

Teachers.

Must hold a certificate of qualification in full force, issued or approved by the Superintendent of Schools of the county or city within which he proposes to teach.

The law requires that a teacher must be at least eighteen years of age. If the teacher has the necessary education to pass the required examination, a certain maturity is necessary to insure good judgment in the government and discipline of the school.

The value and success of all government depend largely upon the character and ability of those in authority, and this is especially true in the government of the school.

For teachers' certificates of qualification, see above under County and City Superintendents.

QUESTIONS.

1. Who compose the Board of Education?

2. Name some of the duties of this board.

3. What is meant by nomination being subject to confirmation by the Senate?

4. What are school funds?

5. What are by-laws?

6. What are claims payable out of State Funds?

7. What important work is done at the meetings of teachers arranged by the State board of Education?

8. What very important duty has the State Board to perform in reference to books?

9. What are the general duties of the board?

10. How is the superintendent of public instruction chosen?

11. What is his salary?

12. What are his duties?

13. What is the public free school system?

14. What is the extent of the power of the superintendent of public instruction?

15. How often does the superintendent report to the General Assembly, and what information does his report contain?

16. Who appoints county and city superintendents, and what is their term of office?

17. Name some of the duties of these officers.

18. Who compose the School Trustee Electoral Board?

19. What are their duties?

20. Who compose the County School Board?

21. Name some of the duties of this board.

22. How are school districts laid out?

23. How are school trustees chosen, and what is their terra of office?

24. Of whom is the District Board of School Trustees composed?

25. Name some of the powers of this board.

26. Of whom is the City Board of Trustees composed?

27. What is the census of children?

28. What is a scholastic year?

29. Tell what State funds, county funds, and district funds are.

30. Who receives and pays out all school funds?

31. What does the tax of one mill on the dollar mean?

32. From what sources besides the tax on property are school funds obtained?

33. What are the qualifications of teachers?

OUTLINE OF COLONIAL AND STATE HISTORY.

1497. John Cabot discovered Labrador, the basis of the English title to Virginia.

1585. Virginia was so named by Queen Elizabeth in honor of her unmarried state.

1606. Charter granted to the London Company.

1607. Settlement at Jamestown.

John Smith, "the Father of the Colony," rescued from death by Pocahontas, the daughter of Powhatan, the King of the Pamunkey Indians.

1608. John Smith President of the Colony.

1609. The London Company receives its second Charter.

1610. "The Starving Time."

1612. Culture of tobacco commenced.

1613. Pocahontas marries John Rolfe.

1617. Death of Pocahontas at Gravesend, England.

1618. "The Great Charter of Virginia" granted by the London Company.

1619. Slaves landed from a Dutch ship.

First Colonial Assembly meets at Jamestown, July 30.

1621. Formal grant of free government by a written charter.

A Council of State and a General Assembly established--the model of every subsequent provincial form of government.

1622. Massacre of settlers by Indians under Opechancanough.

1624. Fall of the London Company.

Virginia becomes a royal province.

1644. Second Indian Massacre. Opechancanough captured and killed.

1652-60. Virginia under the Commonwealth.

1660. Called the "Old Dominion."

Navigation Acts put into operation by British Government.

1673. Grant to Lords Culpeper and Arlington of immense estates by Charles II.

1676. Bacon's Rebellion. 1693. William and Mary College chartered.

Postal System adopted.

1698. The seat of government removed to Williamsburg.

1699. The Huguenots settle in Virginia.

1700. First Commencement of William and Mary College.

1732. Scotch-Irish and Germans settle in the Shenandoah Valley.

George Washington born February 22.

1733. Founding of Richmond at the Falls of the James.

1736. First Virginia Newspaper--"The Virginia Gazette."

Norfolk incorporated.

1737. Richmond laid out by Col. William Byrd.

1742. Richmond incorporated.

1743. Thomas Jefferson born April 2.

1754. The French and Indian War begun. Battle of Great Meadows.

French defeated by Colonists under George Washington.

1755. Braddock defeated in his attack on Fort Duquesne.

1758. Fort Duquesne captured by English and Virginia troops.

1763. "The Parsons' Case." Patrick Henry's Famous Speech.

End of the French and Indian War.

1764. Battle of Point Pleasant (now in West Virginia).

1765. Resolutions of the House of Burgesses against taxation without representation.

1765. The British Parliament passes the Stamp Act.

1766. Stamp Act repealed by Parliament.

1767. Parliament imposes a tax on tea and other articles.

1769. Virginia resolves passed by the House of Burgesses, May 16.

1774. The first Continental Congress met at Philadelphia, September 9.

1775. Convention at Richmond "to organize a provincial form of government and a plan of defense for the Colony."

End of royal government in Virginia. Committee of Safety appointed.

1776. Constitution and Bill of Rights adopted.

Declaration of Independence written by Thomas Jefferson signed in Philadelphia, July 4.

1779. The seat of government removed to Richmond.

Conquest of the Northwest Territory by Col. George Rogers Clarke.

1780. Virginia troops defeat the British at King's Mountain, October 7.

1781. Richmond captured by British under Benedict Arnold, in January.

Cornwallis surrendered at Yorktown, October 19.

Cession of the Northwest Territory to the Federal Government.

1785. Act of Religious Freedom.

1787. Constitution of the United States adopted in convention of which George Washington was President.

1788. Ratifies the Constitution of the United States.

1789. Washington inaugurated first President of the United States, April 30.

1799. George Washington died December 14.

1807. Robert E. Lee born January 19.

1819. University of Virginia established.

1826. Thomas Jefferson died July 1.

1830. Constitution of the State amended.

1852. Constitution of the State again amended.

1859. John Brown's attack on Harper's Ferry.

1861. Ordinance of Secession passed by the Convention.

Richmond the Capital of the Southern Confederacy.

Confederate Congress assembled at Richmond, July 20.

First battle of Manassas, July 21.

1861-65. Virginia the principal battle ground of the "War between the States."

1862. Battle between the "Virginia" and the "Monitor," March 9.

1863. West Virginia formed and admitted to the Union.

1865. Provisional Government established in Virginia, May 9.

1869. Constitution amended.

Virginia readmitted to the Union.

1870. State enacts a liberal system of public education.

Robert E. Lee died October 12.

1881. Centennial of the surrender of Cornwallis at Yorktown.

1902. New Constitution in force July 10.

COLONIAL GOVERNORS.

1607. Capt. Edward Maria Wingfield, President of the Council under first Charter of the London Company.

Capt. John Ratcliffe, President of the Council.

1608. Capt. John Smith, President of the Council.

1609. Sir George Percy, Acting President of the Council.

1610. Lord Delaware, first Governor under new Charter of 1609. Sir Thomas Gates, Lieutenant-Governor under Lord Delaware.

1611. Sir Thomas Dale, High Marshal under Lord Delaware.

1616. Sir George Yeardley, Lieutenant-Governor under Lord Delaware.

1617. Samuel Argall, Lieutenant-Governor under Lord Delaware.

1619. Sir George Yeardley, first Governor under the "Great Charter of Virginia" granted by the London Company.

1621. Sir Francis Wyatt, second Governor under the "Great Charter." Put into effect the new constitution.

1626. Sir George Yeardley, third Governor under the "Great Charter."

1627. Francis West, fourth Governor under the "Great Charter."

1629. John Potts, fifth Governor under the "Great Charter."

Sir John Harvey, first Royal Governor, appointed by King Charles I.

1635. John West, acting Governor, in place of Harvey deposed by the people.

1636. Sir John Harvey, reinstated by the King.

1639. Sir Francis Wyatt, Royal Governor.

1642. Sir William Berkeley, Royal Governor. Deposed by the Commonwealth in 1652.

1652. Richard Bennett, first Governor under the Commonwealth.

1655. Edward Digges, second Governor under the Commonwealth.

1656. Samuel Matthews, third Governor under the Commonwealth.

1660. Sir William Berkeley elected by the House of Burgesses and reappointed by Charles II. after the Restoration.

1661. Col. Francis Moryson, Acting Governor.

1663. Sir William Berkeley reappointed and continued to act as Governor until 1677.

1675. Lord Culpeper appointed Royal Governor for life by Charles II., but did not act as such until 1680.

1677. Sir Herbert Jeffreys, Lieutenant-Governor and Acting Governor in absence of Lord Culpeper.

1678. Sir Henry Chickeley, Lieutenant-Governor and Acting Governor in absence of Lord Culpeper.

1684. Lord Howard of Effingham appointed Governor to succeed Lord Culpeper, deposed in 1683.

1688. Nathaniel Bacon, Lieutenant-Governor and Acting Governor.

1690. Francis Nicholson, first Royal Governor appointed after the Revolution of 1688.

1692. Sir Edmund Andros, Royal Governor. Founded William and Mary College.

1698. Francis Nicholson, Royal Governor. Removed capital to Williamsburg.

1704. George Hamilton Douglas, Earl of Orkney, Royal Governor.

1705. Edward Scott, Lieutenant-Governor and Acting Governor.

1706. Edmund Jennings, Lieutenant-Governor and Acting Governor.

1710. Robert Hunter, Lieutenant-Governor and Acting Governor.

Alexander Spotswood, Lieutenant-Governor and Acting Governor.

1722. Hugh Drysdale, Lieutenant-Governor and Acting Governor.

1726. Robert Carter, Lieutenant-Governor and Acting Governor.

1727. William Gooch, Lieutenant-Governor and Acting Governor.

1737. William A. Keppel, Earl of Albemarle, Royal Governor.

1749. John Robinson, Lieutenant-Governor and Acting Governor.

1750. Thomas Lee, Lieutenant-Governor. Died immediately after his appointment.

Louis Burwell, Lieutenant-Governor and Acting Governor.

1752. Robert Dinwiddie, Lieutenant-Governor. First explored the Valley.

1756. John Campbell, Earl of Loudoun, Royal Governor.

Robert Dinwiddie, Lieutenaut-Governor and Acting Governor.

1758. John Blair, Lieutenant-Governor and Acting Governor.

Francis Fauqmer, Lieutenant-Governor and Acting Governor.

1763. Jeffrey Amherst, Lord Amherst, Royal Governor.

1768. John Blair, Lieutenant-Governor and Acting Governor.

Norborne Berkeley, Lord Botetourt, Royal Governor.

1770. William Nelson, Lieutenant-Governor and Acting Governor.

1772. Lord Dunmore, Royal Governor until the Revolution.

1775. Edmund Pendleton, President of the Committee of Safety.

STATE GOVERNORS.

1776-1779. Patrick Henry.

1779-1781. Thomas Jefferson.

1781. Thomas Nelson.

1781-1784. Benjamin Harrison.

1784-1786. Patrick Henry.

1786-1788. Edmund Randolph.

1788-1791. Beverly Randolph.

1791-1794. Henry Lee.

1794-1796. Robert Brooks.

1796-1799. James Wood.

1799-1802. James Monroe.

1802-1805. John Page

1805-1808. William H. Cabell.

1808-1811. John Tyler.

1811. James Monroe.

1811-1812. George William Smith, Lieutenant-Governor.

1812-1814. James Barbour.

1814-1816. Wilson Cary Nichols.

1816-1819. James P. Preston.

1819-1822. Thomas M. Randolph.

1822-1825. James Pleasants.

1825-1827. John Tyler.

1827-1830. William B. Giles.

1830-1834. John Floyd.

1834-1836. Littleton Waller Tazewell.

1836-1837. Wyndham Robertson, Lieutenant-Governor.

1837-1840. David Campbell.

1840-1841. Thomas Walker Gilmer.

1841. John M. Patton.

1841-1842. John Rutherford. Lieutenant-Governor.

1842-1843. John M. Gregory.

1843-1846. James McDowell.

1846-1849. William Smith.

1849-1852. John B. Floyd.

1852-1856. Joseph Johnson.

1856-1860. Henry Alexander Wise.

1860-1864. John Letcher.

1864-1865. William Smith.

1865-1868. Francis H. Pierpont.

1868-1869. Henry H. Wells.

1869-1873. Gilbert C. Walker.

1873-1877. James L. Kempner.

1877-1881. Frederick W. M. Holliday.

1881-1885. William E. Gameron.

1885-1889. Fitzhugh Lee.

1889-1893. Philip W. McKinney.

1893-1897. Charles T. O'Ferrall.

1897. J. Hoge Tyler.

1901. A. J. Montague.

CONSTITUTION OF VIRGINIA.

Whereas, pursuant to an act of the General Assembly of Virginia, approved March the fifth, in the year of our Lord nineteen hundred, the question, "shall there be a convention to revise the Constitution and amend the same?" was submitted to the electors of the State of Virginia, qualified to vote for members of the General Assembly, at an election held throughout the State on the fourth Thursday in May, in the year nineteen hundred, at--which election a majority of the electors so qualified voting at said election did decide in favor of a convention for such purpose; and,

Whereas, the General Assembly at its next session did provide by law for the election of delegates to such convention, in pursuance whereof the members of this Convention were elected by the good people of Virginia, to meet in convention for such purpose.

We, therefore, the people of Virginia, so assembled in Convention through our representatives, with gratitude to God for His past favors, and invoking His blessings upon the result of our deliberations, do ordain and establish the following revised and amended Constitution for the government of the Commonwealth:

ARTICLE I.

BILL OF RIGHTS.

A DECLARATION OF RIGHTS, made by the representatives of the good people of Virginia assembled in full and free Convention; which rights do pertain to them and their posterity, as the Basis mid Foundation of Government.

SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

SEC. 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

SEC. 3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter or abolsh it, in such manner as shall be judged most conducive to the public weal.

SEC. 4. That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary.

SEC 5 That the legislative executive, and judicial departments of the State should be separate and distinct, and that the members thereof may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct

SEC 6 That all elections should be free, and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and can not be taxed, or deprived of, or damaged in, their property for public uses without their own consent, or that of their representatives duly elected, or bound by any law to which they have not, in like manner, assented for the public good

SEC 7 That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised

SEC 8 That no man shall be deprived of his life, or liberty, except by the law of the land, or the judgment of his peers, nor shall any man be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offence, but an appeal may be allowed to the Commonwealth in all prosecutions for the violation of a law relating to the state revenue

That in all criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted 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, provided, however, that in any criminal case, upon a plea of guilty, tendered in person by the accused, and with the consent of the attorney for the Commonwealth, entered of record, the court shall, and in a prosecution for an offence not punishable by death, or confinement in the penitentiary, upon a plea of not guilty, with the consent of the accused, given in person and of the attorney for the Commonwealth, both entered of record, the court, in its discretion, may hear and determine the case, without the intervention of a jury, and, that the General Assembly may provide for the trial of offences not punishable by death, or confinement in the penitentiary, by a justice of the peace, without a jury, preserving in all such cases, the right of the accused to an appeal to and trial by jury in the circuit or corporation court, and may also provide for juries consisting of less than twelve, but not less than five, for the trial of offences not punishable by death, or confinement in the penitentiary, and may classify such cases, and prescribe the number of jurors for each class