The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-02
Reported Speedy Installation OF Governor
Walker.


From an authentic source l learn that General
Candy has applied for Instructions from General
Sherman to install Gilbert Q. Walker the Governor
elect 1t is stated the Commanding General Is actu
this by the urgent necessities OF the
people, OF whom Mr.. walker Is now the proper
guardian. DurlDg the coming month proxies will
have to be appointed for the Chesapeake and Ohio
and the Virginia and Tennessee Railroads. and 1t
would be unjust to allow Governor Wells TO make
these appointments which would hold good for the
next twelve months. General Candy repeatedly ex-
pressed himself very favoraDly to Governor walker,
and 1t is presumed that he win be inauguraed at an
early day.
John 8. NHIlson After General Candy.
The following letter from John s. Millson, OF
virginia the subject Of the test oath, is Of pecu
liar interest and Importance at this time:-
NORFOLK, August 20, 1860.
DEAR SIR received yesterday your letter asking
my opinion on the question:" whether the test oath
can be legally imposed upon the members elect OF
any other test oath than that contemplated by the
third section Of the fourteenth constitutional amend
ment
Much has been SAID and written upon this subject,
but it seems to me extremely simple, ana admits Of
an easy solution.
Congress- BY several acts declared that 'no legal
State government" then existed In Virginia and
nine other States, and 'that the governments then
existing IN the same were not legal State govern.
ments." They accordingly provided that these civil
governments 80 declared to be not legal state gov
srnments shall be deemed provisional only until
they provide the means by which illegal State gov
ernmens" may be constructed, or In popular phrase,
Here 1t Will be observed the distinction Is care
fully drawn by Congress between legal State gov
ernments and those not legal ana declared to be
provisional Their express OBJECT was 70 get rid Of
the latter BY authorizing the people to establish the
former. They never authorized or intended to aur
thorze the people to construct provisional" gov
eminent any other form of state government
that they had themselves pronounced not to be legal
The power was only TO form legal State govern
ment and II that was not formed then there was no
power TO do anything else ana the work done was
simply nuity.
Congress reserved the power to determine whether
the people OF any OF these States III attempting to
reconstruct legal State government, conformed to
the requirements OF the law. BY section seven OF
the act Of April 10, 1902 they provide rhat the pro-
ceedings In any OF said states shall not be deemed
final or operate as a complete restoration thereof
until their action respectively shall be approved by
Congress-" III Congress shall decide that Virginia
has complied with the prescribed conditions, then
the government lately formed will be declared to
be legal state gOvernment-legal, not from the
time OF such recognition only but from the date Of
lts original establishment, ana the acts OF such
government so recognized will be az vad II done
before as If done after the recognition by Congress
A familiar example Of this principle VIII be found in
the acknowledgment by one nation OF the nde-
pendence or new formation OF another
IT. on the other hand, Congress should disappr0ve
me proceedings Of Virginia, then the constitution
government provided by 1t will have no existence.
TO argue that because It Is not yet declared or
known that the government established BY Virginia
Is ega state government 1t must be treated
existing illegal government seems to me inconsistent
III ise anu Wnoily suDverslve OF Tue OBJECTS OF Con-
gress, IL assumes that the people OF Virginia, IN
the exercise OF power given TO them to construct
regal STATE government, In place OF that declared
not TO be legal, could establish new illegal govern
ment, which must be checked and restrained by the
same guards applied to the former illegal govern
ment rms, indeed, would be to make the new
government Illegal from an apprehension that il
might be declared 10 be so. For It can scarcely be
disputed that rejection by foreign authorlty OF
members OF the Legislature qualified to hold their
seats both by the federal and state laws would 30
vate tne constitution OF the body itself as TO render
Their acts utterly Invalid. / cannot suppose that
senators chosen by such an assembly would be adj
mltted 10 seats In the Senate OF the United states.
think then, there Is no force IN the objection
that because the constitution has not been approved
by Congress, the members elect OF the virginia
Legislature must be regarded and treated as mem
beers OF an illegal or provisional government Con-
gress, IN authorisng elections TO be held according
To the arrangements Of the or proposed constr
tuition, In advance Of It's approval and not under the
old constitution, designed that the proceedings OF
these States In their efforts to establish legal state
governments, should be assumed TO be lawful and
regular UNTIL In the exercise OF their reserved au-
thority they should, by withholding their approval
undo all that was done. Should they 40 THIS, there
would DO surely no need for adopting precautions
against the admission of dangerous or incompeent
leOtala ainca muat either qualified NOM