Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-09-10
uoAR,s DECISION.

~ HOAR's DECISION.
The decision of Attorney General Hoar,
in which he states that the Legislature OF
virginia may meet together for the pur-
nose Of ratifying the Fifteenth Amend
mept. but for no other business OF legis-
I.,;on sets at variance all logic and
common reasoning. If, as stated in a
nrevious article in the LEDGER, the Leg
;.lature of this State, territory, military
d;strict or whatever it may be called,
c.n assemble as q sovereign body to leg-
;slate upon q matter purely within the
scope of an independent power then this
same body may assume to legis'
late upon every subject in which the
interests of the people are involved.
Virginia, before being accepted by Con-
grass. is not State in the meaning OF
tbe Federal Constitution, and II mol
then. what could be her status when the
Legislature should meet to adopt the
Congressional amendment The Radical
;o,rnals are satisfied to call it proyi-
s;onsl state of existence. We have no
knowledge of any such parturition or
coming into life of State sovereign and
independent. IT may be, nevertheless
for The Yankees have made many
new additions to the Constitution OF the
country since they have had control OF It,
and when not authorized by that instru-
mept for any wanton act of injustice
contemplated can easily manufacture
what is necessary and excuse themselves
nm the ground that the times demand IT.
In other words. the President and MS
Cabinet have usurped the right to bring
virginia back again into the Union, re-
constructed as Radical State, with all
the brakes applied to prevent her future
DETECTION from the ranks Of the Radical
party. But, there 10 a divinity that shapes
our ends, rough-hew them as we may, and
that overriding cause is the people in this
district, who will undo oil the acts of the
Radical Congress whenever the opportu-
nity shall be allowed them to govern their
own affairs. Theu this decision OF At
torney General Hoar may result in good
in a way not thought of BY the Radical
Cabinet; for, to use common expression,
it is hard to stop all the pig-holes through
the fence in the first attempt There will
be some place left open through which
the people may escape FROM Radical
oppression, and one of them will be
after the State shall be accepted; for the
Legislature to elect Senators in perfect
accord with the people whom they should
represent. There might be some timid-
ity felt on the part of the Legislature to
act Oh these matters before the meeting
of Congress, apprehending that their
choice in Senators might not please the
Radical party, and it would be just
cause for the rejection Of the State BY
that body. The advantage in this thing
ia that the Stale must be accepted be-
fore, as Hoar, in his opinion, declares
the Legislatures can pretend to legislate
upon any other matter save the rati-
fication Of the Fifteenth Amendment,
which delays the election Of Senators
until after that time. The following are
the last sections of the act of Congress
authorizing the election in Mississippi,
Virginia and Texas, and upon which Mr..
Hoar was called upon to give an opinion:
SIC. 5. That If either Of said Consti-
tntions shall be ratified at such elections,
the Legislature of the State so ratifying,
elected "a provided 10 this act, shall as
semble at the capitol Of said State on the
fourth Tuesday after the official promul-
cation of such ratification by the mill
tary officer commanding in said State.
SIC. 6. That before the States Of Vir'
ein,a, Mississippi and Texas shall be ad.
mitteL to a representation IN Congress,
their several Legislatures, which may be
hereafter iswfully organized, shall ratiiy
The Fifteenth article, which has been pro
posed by Congress to the several States
"a an amendment 10 the Constitution Of
tbs United States.
SIC. I. That the proceedings in any o.
NJ the said States shall not be deemed
fnal or operate as a complete restoration
thereof until their action respectively
shall be approved BY Congress.
Congress has no more right to say &c
these States that they shall raiify the Fif'
eenth Amendment than to declare who
they shall elect to the Senate aud tbs
House Of Representatives at Washington
City. But might is now right in thu
Government since the Radical party as
suned control, sud instead Of 3 Demo
cratic majority ruling, it is the RAdica
minority debating to the people in al
parts of the County. In word, it hai
been transformed into a government o
foree, touDdsd on the will Of the minority