Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-07-17

pOAu tnO AOO0AAS VI UAN.
Legislature until after the eonsti-
tuition ratified by that State had
been approved by Congress, had
not that body directed the as
sembling of the Legislature at a
definite time.
The Times suggests as a matter
of fact, that Gen. Candy is in error
in the statement contained in the
extract we have quoted from his
letter. In the case of Georgia, at
least, Gen. Grants instructions to
Gen. Meade preceded by several
weeks the congressional approval
of the State constitution. 1t was
on the I'd of March, 1868, that
Gen. Grant wrote to Gen. Meade
that the members of the Georgia
Legislature were not required to
to take the test oath. And it was
on the goth of the following month
that Gen. Grant, addressing the
same officer, remarked that he saw
nothing in the communications OF
the latter to change his opinion,
and that ''the eligibility to hold Of
fee must be determined by the new
constitution, and the amendment
of the United States designated as
article a." Yet it was not until
the 25th of the following June
| that the act conditionally admitting
Georgia to representation, and
formally approving its constitution,
became law. The Times then
says:
"Gen. Candy, then, is mistaken as to
the circumstances in which the COM
mander of the armies established a
ruling of the law directly opposed to
that which the present district COM
mander proposes to fasten upon Vlr'
ginia.
"But was General, Grants opinion or
order qualified by connection with con.
ditions which could not exist until after
the approving action of Congress
| Clearly not. The case was Judged by
General Grant on its merits. As mat
ter of fact and law he decided that The
test oath is not obligatory on member
of legislature elected under the recon
struction acts. He did not make thu
view contingent upon the proceedins o
Congress, of which in advance he coul'
know nothing. He declared absolutel.
, that any oath which the new constitution
of the State prescribes, together with tn
| prohibitory section of the fourteentl
amendment constitute the only limlta
= tions to which the members elect are ex
posed. 1910 -,
besides, the act of July %, 1868, ad
hitting North and South Carolina
: Louisiana, Georgia, Alabamaand Florid
g to representation, neither said or did any
thing affecting the conditions by who
q the oaths to be taken were determined.
ave find no fault with Gen. Candy iC
}, obeying the law. We condemn his az
ton because under the guise of uphold
Q ing the law he puts upon 1t constru'
4 ton not borne out by its terms, or .
any analogy between a provisional II
s risIature and the Legislature elected la
s Tuesday; construction, moreover, dl
carded by Gen. Grant again and again
. 1868, and one that rigidly enforce
q would render satisfactory reconstructlC
= impossible.
dOn the motives of Gen Candy we
= not presume to sit in judgment 1t
vt unfortunate, however, for its own col
sistency that after calling the attentic
of the government to the mischief o
n casioned By the test-oath in Sout
r Carolina, at a time when its exaction W
l. imperatively required, he should NO
le endeavor to bring it into play in virgl
Is ia, at a period when all excuse for
% exaction has ceased. Still more info
tunate is it that no intimation OF
u purpose was given in Virginia until ait
al all nominations had been made, and
Il most the eve of the election reached
Al until, in fact, the Wells party found tn
cause hopeless before the people, and
W idea was formed of upsettlng the popuI
of verdict by a resort to some rec XII
TO method The moral strength OF G'
ev Canby's position is weakened bya su
te picious identity of opinion and purp(
q. between his order and the tactics VIII
in the defeated party threaten to emplo,