Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-03
VIRGINIA.
The Election OF United states Sena-
tor-0pInion of Attorney General

The Election CT United states Sena-
tor--OpInion of Attorney General
H0ar. h zrtsf
RICHMOND, Sept. 29.-The following
is the correspondence on the senatorial
question:: I'd setb fsi.tS
Headquarters First Military District
Richmond. Va, Sept. 81, 1S69.-Honor~
able Secretary of War, Washington, D..
C.-Sir: The question of eleoting Sens
ators in the Congress of the United
States by the Legislature, which will
assemble on the 9th proximo, is one Of
great present interest in the State, and
many applications have been made for
decision on the point. The subject ap-
pears to be so free from difficulty that |
have not hesitated to express the Opin-
ion that the election of Senators was
authorized and necessary to complete the
reconstruction, and was prescribed
by the law Of July %, 1865; but
that it was not proper for me to make 3
decision upon question that addressed
itself so directly to the discretion of the
Legislature after it was organized. There
are many, however, who are of the opinS
ion that this section is in some way sus-
tanned by the opinion Of the Attorney
General, of August %, 1863; and have
the honor to request that the question,
whether the Legislature Of this State is
authorized to elect Senators Of the United
States at the session which commences
on the 9TH of next month, may be sub
mitted to the Attorney General for his
opinion. ..r. - T..
Very respectfully, sir,
your obedient servant, W..
-grE.E 1863 Ed. Z. S. CANBY, o..
Bv't Maj. Gen. U. S. A, Com'd'g. q,
ATTORNEY GENERALS OFFICE; Sept %,
1S69-To the President-Sir: l have
the honor to acknowledge the receipt of
your letter Of this date, referring to me
for my opinion of a letter addressed to the
Secretary of War by Gen. Candy, dated
Sept "a, 1869, which asks whether the
Legislature of the State of Virginia is
authorized to elect Senators of the
United States at the session which conn
mences on the 9Th of next month
and desires that that question may be
submitted to the Attorney General for
his opinion.
The general views which | entertain
of the functions of the Legislature Of
Virginia, elected in pursuance of the act
of Congress of April 10, 1869, have been
already fully indicated in an opinion
transmitted to the Secretary of War
under date of August %, 1869 L
1900 - A. oonoI,s;on that thu mann
bers of the Legislature were not required
to take the oath referred to in section
nine of the statute of July 10, 1867,
in order to qualify them to act as
such members. That it was competent
uuder the law, for the Legislature
to meet, organize and do whatever
was required or allowed by the
acts of Congress, as preliminary to the rex
construction of the State, but that
it was not competent for them to un~
dertake to enact laws or otherwise
TO assume any Of the functions OF the
government of the State il organized
without taking the oath referred to,
or if any of its members did not or
could not take the oath. Upon a cares
full consideration, l am now of the Opin-
ion that the election of Senators, like
voting upon the fourteenth and tif-
teenth amendments to the constitur
ton Of the United Stales, is a part of
the action contemplated by Congress as
preliminary to a restoration of the State
to its full relation to the government of
the United States as one Of the States of
the Union. -..-.. 80 r..
The Senators thus elected would have
no power OF authority until the Senate of
the United States should have passed
upon the validity of their election and
admitted them as members of that body.
Under the act Of April 10, 1869, the
election of members of the House of Re-
representatives. was permitted and has taken
place, and when Congress comes to act
upon the whole question of the recon.
struction of the State, it would seem
equally proper that members elected to
both branches of the national legislature
should present themselves, and be
ready for admission to seats in the
respective houses. The election Of
Senators does not seem to me
to transcend the action which comes
within the limited and qualified pur~
poses requisite to the reconstruction,
but rather to be essential to the COM
pleteness Of that action, and l think that
the military commander should not in
terfere with or prevent it.
Very respectfully, E. r. HoAR,
GanaHal