Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-10-19
the VIRGINIA LEGISLATURE
The Protest Of the Rufiany Radi
10 Utl cal Members.
They Propose TO Withdraw and Or
ganize Another Legislature.

=
prOved July ,, 1862, which oath
Imposed upon all officers Of the PrC
Nisional Government Of this militar
district by the ninth section OF the az
OF Congress, passed July IS, 1869, eu
dtsed, IAN act" ETC., respectful
Represent
That the following named persons
claiming to be members OF this body
have not taken the oath aforesaid
being a majority OF the members Z
this body:
Abner Anderson, W. A. Anderson
r. 3. Beasley, Charles Campbell, a
IL. Courtney, a. NJ. DAVIS, r. 2. Fit7
patrick, j. NJ. French, J. =. GreeveI
D.A. GriHsley, u. A. Harris, Chas
HeTndon. a. T. johnson, George II
Kendrick, Aerriweather Lewis, J. /.
IvOns, +. NJ. Latham, r. l.. owen
Jas. Patterson, John r. Owen, I'd
Inund oendletOn, ". K. Perrin, w
l.. Riddiek, John l.. Roller, W. II
TAYLOR, T. r. Taylor. w. r. Terry, W
ID, Smith, Normand Smith, Z. r
f55s0sE den aad J. a Waddell.
The undersigned further represent
fhat1he act OF Congress passed March
2. 1867, entitled An act TO provide
Tor the more efficient government o
the rebel StateS,' provides. in section
6, aThat, until the people OF said re5e
States shall be by law admitted to rep
resentation in the Congress Of thf
United States. any civil Government
which may exist therein shall bt
deemed provisional only"
1Se the fifh section Of the same aci
Ii is de Jared that " the people Of said
State earuOt be admitted to represen-
tation in Congress until they shall
have ratified the Constitution submit
ted to them uadeF the Reconstruction
acts. and Congress shall have approved
the same. and until said State shall
have adopted the amendment TO the
Constitution OF the UniJed states,
proposed by Congress, known as Ar
ticleLAIN, and said article shall have
become part Of the Constitution Of
the United States"
The sixth section of the act Of Con-
gress, approved April 10th, 1869, en-
titled "An act,p DC, provides that
. before heSEate5 Of Virginia, Missis-
sippi and Texas shall be admitted TO
Representation in Congress, their sew
eral Legislatures, which may be here
after lasyiully organized, shalt Eatify
the XVIII Article, which has been
proposed by Congress to the several
States as an amendment to the Consti-
tuition of the United States"
1T thus appears thateil civil govern
meut now existing in Virginia is PRO
HisiOnaI only" and must remain so
until the State shall be admitted 10
representation IN Congress. Any
Legislature, therefore, that may as
semble in the State must of neees-
sity be n provisional legislature until
the State shah be admitted TO rep
resentation m Congress and cease TO
he military district under the recon-
stfIctiOn acts.
The ninth section 0: the supplement
tary reconstruction act, which became
a law July l9, 1867, enacts, THAT all
all persons hereafter elected or APP
pointed TO Office "a said Military Dis
trict, under any sO-e&iied State or mu-
nicipal authority, shall be
required TO take and subscribe the
oath OF Office prescribed by law for
officers of the United States
The oath OF office is prescribed by
oct Of Congress OF July 2, 1862, aud
ADlAdAll5 al4ADlAE bLAlEA AaasAE0 AlAFT AAt-
claratiOn that the affiant "h2s never
voluntarily borne arms against the
United States since he has been
citizen thereof, that he has YOlun-
tarily given no aid, eOuntenance,
counsel or announcement 10 persons
engaged in hostility thereto, that he
has neither sought, nor accepted, nor
attempted 10 exercise the functions
of any Office wbatsVer under any au-
zisOyity or pretended authority, in
hoslillfy TO the United States, that he
has nGi yielded a voluntary support
10 any pretended government, au-
thOTity, power, or constitution, " min
she United States hostile or inimical
thereto.p The undersigned dO1s not
see how the conclusion is to he ayOid-
ed, that So long 8s Virginia remains
a Military District the persons elected
30 the Legislature, before entering
upon their duties as mem bsrs thereof
OF, must "take and subscribe" the
foregoing as part Of their oath Of
Office. ..
Persons who were holding State OF
mu. icipal offices in the rebel States at
the tiEJe Of the passage Of the recon-
structiOn acts might be, and in many
instances were, continued in Office
tyiIhOut being required TO take the
oafE in questionable enactment ON
lhat Subject. as above shown, being
irrespective and not retroactive. But
on the 18th day Of February, 1863,
Congress resCiVed " that the persons
now holding cigu offices in the Pro-
gisional Governments Of Virginia,
Mississippi and Texas who cannot
take and subscribe the oath prescribed
by the act entitled An act 10 prescribe
an oath OF Office Tor other purposes.
approved July ., 1852, shall, on the
passage Of this resolution, be removed !
ihereirom, and it shall be the duty Of |
the District Commander to I'll the Va /
created by the appointment |
OF persons who can take said oath"
This resolution does not affect the le- |
gal question under consideration, but |
is introduced as a recent expression of /
the intention of Congress 10 insist |
upon requiring the test oath OF all /
persons who take part In the "PrOvis-
ionnl Governments" Of the Military /
Districts.
The undersi gned further represent l
that the fifth article Of the COnstitu-
ton 0f the United States provides that /
''amendments to the same shall be /
valid when ratified by the Legislatures
Of three-fOurths OF the several States,
or by conventions Of thres-fOurths |
lhereof, as one or the other mode Of 4
may be proposed by Con-
yreSs, and the Congress has adopted, |
In frespect TO the XVIII and XVIII /
A Amendlsents, their ratification by the
Legislatures Of the States.
Fhe undersigned can imagine no |
more solemn set Of legislation than
the ratification OF \ proposed article
of the National Constitution. In or
der to legalize the performance Of so
solemn an act, the Legislature must
be perfect and complete in Itself, and
must, by the terlus Of the Act OF Con-
gress Of April 10. 1862, be " lawfully
In order 10 be a Legislative Of the
state, while il j. In the condition OF 2
district, It's members must
nave taken the "teat oath" II not
legislature competent to perform its
ordinary business, without taking the
est oath, il cannot be a Legislature to
gerfOrn the solemn duty of ratifylng
M article OF the National COnstItu-
ION.
To bea Legislature it must certainly
bOssess the power and authority TO
egislate, and should be perfect Leg
stature of the State, because none
,ther than a Legislature can ratify the
4 amendment. 1t would seem the first
question Congress would inquire into
ohching the ratification OF the
1 ulandneRt would be, whether the
,Ody ratifying was q Legislature OF the
state 4" lawfully Organized."
Most certainly would this beRmOng
he first questions in the Supreme
Jourt. In order 10 ratify, it must be
perfect Legislature, competent 70 do
nv and all acts, resolves and legisla-
ioh for the State under its Constftn-
ion. ...e .<.l.i.
1t Is clear that a body claiming
,Ower 70. .ratify must be clothed with
all, legislative authority, and this II
AnnOt have until it. shall have been
lawfully organized" =" by taking the
est Oatlfs HDU 4
The undersigned, therefore, protest
hat the ratification Of neither the |
&IYth nor XVIII amendments Of the
National Constitution by this body
an bP valid until the test-Oath pre-
eribed by the act Of Congress Of July /
!, 1852, shall have been taken by the
members Of both Houses Of the Gene II
al Assshblyf aud they further pro-
est that this Legislature, as now or
aniEed, Is not entitled, aud cannot
without violation of law, transact any