The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-09-30
Tho Question Decided.

Il
We give below the opinion of Attorney
General HoAK, deciding that the Virginia
Legislature will have the right to elect
Tinted States senator's at its first session.
This decision does not surprise us, OF
course, seeing that we have all along main
tanned that such was the duty of the Legis-
lature. even under his former opinion. We
take it for granted that the Legislature will
regard the opinion rs q polite intima-
ton that the work Of reconstruction
on our part will not have been
completed until Virginia has two senators
elect ready to ask for that admission TO re-
presentation which Congress has promised
to accord to her upon certain conditions
We trust there will be no two opinions
among the members. 1t is certain that we
shall have to elect men unohjcctionable to
Congress, let us wait as long as we may,
Even the Enquirer is opposed to electlne
men who cannot take their seats at once.
Suppose, too, that the Legislature should
neglect this duty. and that Congress should
next winter refuse to consider the applica-
ton of our representatives for seats IN the
lower House because we have no senators
elect: how could such hlupder he RENE
died? IF the Legislature intended to remain
in session until the meeting Of Congress. or
if it had the right to assemble again in De-
cenlber or January next, the error might be
corrected. But it has not these privileges.
"Now or never" is the alternative. Argu-
lrcnt is at an end now. or ought to be. The
most OF the articles which have appeared in
the papers opposing an election at the first
session Of the Legislature have assigned as
reason mot good one, it is true, but
what the writers supposed to be so,) for
postponinc action the assumption that Mr..
HoLR had decided that the Legislature
could do nothing but ratify the fifteenth
amendment. CeaSing the reason, these arti-
Giles may be considered as never having been
penned. "Let us have peace"
THE OPINION Up ATTonNET-GENxnAL HOAE
on THE ELECTION OF UEITsD STATES
SENATOR'S.
HEADQUARTERS FIRST MILITARY DISTRICT
RICHMOND. VA, September q. 1892
Hon. Secretary Of 1FGr Washington, d. c.:
Sir.-The question Of clecting senators in
the Congress Of the United States by the
Legislature which will assemble in this city
on the 9TH proXimo is one Of great present
interest in the state. and many applications
have been made for q decision r1on that
point.
The subject appears to be 80 free from
difficulty that have not hesitated to cX-
press the opinion unoflicially that the cleo
ton of senator was authorized and neces-
sary TO complete the action required by
Congress as preliminary to reconstruction,
and was prescribed by the law of July %.
1860. but that it was not proper for me to
make n decision upon q question that ad-
dressed itself so directly to the discretion Of
the Legislature after it was organized.
There are many, however, who are ofthe
opinion that this action is in some way re-
strained by the opinion Of the Attorney
General of August Is, 1862 and | have the
honor to request that the question whether
the Legislature Of this State is authorized
to elect senators Of the United States ut the
session which commences on the 9Th of next
month may be submitted to the Attorney
General for his opinion.
Very respectfully, sir,
Your obcdicnt servant,
TSignedl Ed. K. s. CANBT,
Breyct Major-General L. s. A. Com ding.