The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-01-07
The T5rgied0 Contention
!; :. ORDERED BY CONGRESS TO
FRAME A STATE CONSTITUTION.
E1GHTEENTH DAY.
MONDAY, January s, 1861

port OF the COumlIpo0 oPPDih -
On General Schofeld in reference 10 Inc
nav of members and employees OF the Con,
Vention, together with the reply OF General
Schofeld.
uThe committee appointed on the 4tn
instant to confer with Major General
Schofield and the Auditor of Public Ac-
counts mon the subject of the pay OF the
members and employees of the ConVen-
t;on state that they have discharged that
dntv, and received from Major General
Schofield. covering the subject submitted
tn them. the communication herewith sub
mitted. .g,' s s.
mThis committee was informed that the
requisite payments of the expenses of the
Convention would be ordered from time to
time, as required by the Secretary of the
Convention.
5g-s..s1 ssRespectfully submitted.
Ii FLAMES 81. PLATTE, JR., Chairman"
i" Memorandum of Reply by Major General
Schofeld to the Committee of the Virginia
= Constitutional Convention appointed 4th
of January, 1868, to confer aOith General
Schofeld and the auditor of Public dc
counts upon the subject of the pay of
members and employees Of the Conven-
ton. PR DE-
"Soon after the passage of the act of
Congress of March 2, 1867, bill passed
the Senate of the General Assembly of
Virginia providing for the calling of con.
vention in accordance with the terms of
the. said act of Congress. That bill was
under consideration in the House of Dele
gates when, at; the extra session in March,
1867, Congress had under discussion the
bill supplementary to the act of March
I'd, requiring the commanding Gene
raj, 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 con-
sideration in the House of Delegates was
laid upon the table. While the question
of calling convention was under con-
sideration 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 100000
was included to defray the expenses of a
constitutional convention. The tax bill,
framed upon the basis referred to, was
passed and became law some time SUBJ
sequent to the passage of the act of Con-
gress of March 23d and after the bill for
calling convention was laid on the table
by the Virginia House of Delegates. The
sum of 100000, 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 ex-
penses Of a convention to be called in pur-
suance of the act of Congress.
"No special appropriation was made by
the Legislature for this or any other pur-
pose for the fiscal year commencing on the
lst day of October, 1867, but in lieu Of
special appropriation general appropria-
ton was made for the current expenses Of
the Commonwealth. The Auditor of Pub
lie 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 tax for the payment Of its
expenses, and the State Legislature having,
subsequently to the passage of that act of
Congress, passed 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 special tax
and the expense of collecting it in time
of general depression.
g It may be questioned whether there is
in the acts of Congress any specific autho-
rity for my order for the payment of
moneys out of the State Treasury. How
ever this may be, have no hesitation in
deciding that it is my duty to do in this
case what is so clearly demanded by the
best interest Of the State, leaving it to
those who have right to judge, including
the people of Virginia, to hereafter vindi-
cate the wisdom, justice, and substantial
legality of my action. .g122 tAs @
81 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 con-
dition of the Treasury may justify; the
amount as paid not to exceed the sum
realized from the tax levied for that pur-
pose. 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 aud 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.
.r. 3" A true copy: ~ aa&
81. a. CAMPBELL,
stBreyet Lieut. Col. q IS. Army, 80
Gs IS A. A. A. General p
The documentwas laid upon the table
and ordered to be printed.
81 .ya REMOVING DISABILITIES.
Mr.. HUNNIcUTT offered the following
resolution: .-.;st.,- a.ss go c-.q
"Whereas certain persons in this State
who. are embraced within the disfran-
chising provisions of the reconstruction
acts of Congress have, since their enact
iment, manifested desire torestore, in good
faith, this Commonwealth to her proper re-
lations to the Federal Union upon the
basis of said acts, and to that end have
not hindered or INSTRUCTED such recon
struction or restoration, but have aided
the same therefore ~ 81
1's Resolued, That, in the opinion of this
Convention, the disability imposed by the
raconstrpction Laws. m all such parsonr