Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1869-10-12

Mr.. Bowden moved as an amendment that
committee of six be appointed on rules.
This was lost, and the original motion carried
Mr. Maddox moved that the officers of the
House be now required to take the test-oath.
Mr.. Cochran then moved that the House ad
journ until - o'clock tomorrow Carried
SENATE. -Thursday, Oct 7th.-The Senate
met at II clock Lieutenant Governor Lewis
in the chair. No prayer.
PAGES.
The President announced the appointment o.
John Williams Poor James Gwathmey, ano
James Day, as pages to the Senate.
DAILY PRAYER.
On motion of Mr.. Waddell of Staunton
open the Senate each day with prayer.
PROTEST OF THE MINORITY.
Mr.. Haskell (RadicaD, of Mecklenburg, sub
mitted the protest of the minority against the
transaction Of further business by this body a:
at present organized, for the reason that a ma
jority of the members thereof have not sub
scribed to the oath required by the act of July
2, 1862, commonly known as the s'iron-clad y
The document, which is very lengthy, also sol
EMMY declares that the ratification of the four
teenth and fifteenth amendments by this body
will not be valid, and sets forth that while The
slgners propose to retain their Seats yet they
reserve the right to secede at any future time
and organize for themselves Legislature both
legal and loyal. The protest is signed by al
the Radical senators.
MIR. French, of Bland, argued that this pro-
test, being not only ill-timed, but disrespectfu
by declaration and implication, should not be
entered upon the journal.
Mr.. Herndon, of Spottsylvania, moved that
the whole subject be laid upon the table, L
h, Al ! IL
this legal body, the Senate should turn them
over to the President and the Attorney Gener.
al, with whom they differed.
Mr.. Patterson, of franklin, said that if this
was not legal Legislature General Candy
would not have permitted it to be in session =
The gentlemen were not only arraigning the
Conservative members, the Attorney General
and the President, but also General Candy.
MIR. Snowden, Of Alexandria, seconded the
to lay upon the table in few re-
marks. He deemed the so-caled protest It's
sue OF assertions entirely at variance with the
laws OF Congress, the opinion of the Attorney.
Genera. and the known wishes Of the Presi
dent
The motion to lay on the table was Their
20; nays u.
Mr.. Smith (Radicai), of New Kent, ex.
planned why he had signed the protest and the
negative.
MESSAGE FROM THE HOUSE.
Mr.. Kelly, of the House of Delegates, here
and notified the Senate of the con-
OF the House in the resolution ap
pointing a joint committee to wait on the Gov
ernor and the commanding General
The Clerk presented communication from
the commanding General, transmitting the
opinion of the Attorney 6 eneral on the ques
Z Of oil how II re
The Senate then lat r. IS A. NJ took re-
cess.
AFTER RECESS.
Senator Patterson, of Franklin, in the chair
Mr.. Snowden, from the committee appointed
by resolution of the General Assembly to wall
on the Governor and the General commanding
reported that duty performed; that the Gov
ernor would communicate to the Senate his
in writing, and that the commanding
General had no communication to make a
present, but would at his earliest convenience
send to the General Assembly certain papers
in his possession respecting contested seat;
therein.
THE GOVERNOR MESSAGE.
A few minutes later, Colonel Cameron, Pr
vate Secretary of the Governor, appeared, and
presented the following message; which was
read by the Clerk
EXECUTIVE IMPAIRMENT, |
RICHMOND, VA, October 5, 1869.
Gentlemen Of the Senate and House of Rep
TesentQtiUes
The constitution lately adopted by the PEG
pie of this Commonwealth imposes upon the
Governor the duty ito communicate to the
General Assembly at every session the condi
ton of the Commonwealth, and to recon
mend to their consideration such measures al
he may deem expedient." AS your powers anc
duties at the present session, however, have
been construed to be confined to the limited
and qualified purposes requisite to reconstruc
ton, it will be necessary for me, on this occa
sion, in the fulfilment of that constitutional OBJ
legation, to recommend for your consideration
such measures only as are, or seem to be, nee
essary to prepare the State for readmission tt
representation in the Congress Of the United
States.
The fifth section of the act of Congress O.
March 2, 1867, among other things, declares
that when said State by vote of its Legis
lature, elected under said constitution, shall
have adopted the amendment to the Constitu
ton Of the United States, proposed by the
thirty-ninth Congress, and known as Article
xiv, and when said article shall have become
a part Of the Constitution Of the United States
said State shall be declared entitled to repre-
sentation 10 Congress, and senators and repre-
senta.ives shall be admitted therefrom on then
taking the oath prescribed by law" This Law
is still in full force, and Virginia was named il
the preamble to the act as one OF the States t.
which it was to be applied 1t will be neces
sary, therefore, for you to comply with the con
dition therein named, although Article XIV
has already been ratified by the requisite mum
Der of States, and has been officially proclaimed
as part of the Constitution of the United
States. A copy Of the resolution of Congress
proposing Article XIV. to the Legislature o.
the several States is herewith submitted.
In March last the Secretary Of State Of thu
United States transmitted to the Governor O
this Commonwealth an official copy of reso
luton OF Congress proposing to the Leglsla
lures Of the several States fifteenth article t.
the Constitution of the United States, cop,
of which is herewith submitted. | also submit
herewith copies of the two opinions of the At
torney General Of the United States as to tn,
powers and duties Of the General Assembly o
Virginia at its present session.
Our late election was authorized by an act O
Congress approved April 10th, 1869, the sixth
section Of which is in these words:
THAT before the States of Virginia, Missis
sippi, and Texas, shall be admitted to repre-
sentation in Congress their several Legislatures
Wnlcn may De thereafter lawfully organized
shall ratlfy the fifteenth article, which has beer
by Congress to the several States as
an amendment to the Constitution Of the Uni
ted States.
While by this law the ratification by the
General Assembly of the proposed fifteenth
to the Constitution Of the United
States is made condition precedent to the ad
mission of the State to representation in the
Federal Congress | cannot doubt that you
would cheerfully ratify that amendment even
were no such condition imposed
The people of this Commonwealth, at the
late election, by an overwhelming majority, &C
cepted and adopted the principle sought to be