Norfolk day book. [volume] (Norfolk and Portsmouth Va.) 1868-1880, 1869-09-07
ADVERTISING RATES.
TUESDAY MORNING, Sept. Z, 1869
GEN. CANBY'S KNOT UNITED.

GEN. CANBY'S KNOT UNITED.
Congress, in providing fes the read
missisn of Virginia into the Union, just
before it adjourned, passed an act that
virtually says, let the reconstruction
laws be carried out as they may to the
very better, the State will not be State
in the Union until the next Congress
passes on the matter in review. In the
meantime, she is instructed to make all
necessary preparations for entering the
Union, and these preparations have the
endorsation of law. The ratification of
the 18th amendment being an act on
the part of the State precedent, Of
course, her Legislature is authorized to
ratify that amendment before the State
is admitted into the Union-this is one
of the preparations we speak Of; the
other is only the necessary work of con-
vening the body. These two things
would appear to be all the Legislature
is authorized to do, that will be legal
lied, before Congress passes on her ac-
ceptance as State The "hitch" has
been, that the converting could not take
place unless the members took the test
oath. This has been loosened up by
the opinion of Mr.. Hoar who decides
that this oath is not necessary for this
purpose; that the Legislature can con-
vene and do the work of ratifying
without Its members taking the test
oath, and then Congress will have their
say.
Mr.. Hoar is of opinion that the duty
of the Legislature is to come together
and organize and act upon the 18th
amendment. "But that until Congress
shall have approved the Constitution
and the action under it, and shall have
restored to its proper place in the
Union by recognizing its form of gov
eminent as republican, and admitting
it to representation, the Legislature is
not entitled, and could not, without vlo-
lation of law, be allowed to transact any
business, pass any act or resolve, or un-
dertake to assume any other function Of
Legislature if the test-oath has not
been required of its members, and that
no officer elected under the new Con-
stitution can enter upon the duties of
his office without taking the oath while
military government continues"
And after Congress passes upon and
receives the State back into the Union,
" its officers and legislators will be such
as the Constitution of the State pro-
vides, deriving their powers from::that
instrument, and it will clearly not be in
the power of Congress to impose any
requirements of additional qualifications
upon them, different from those which
under the Constitution of the United
States may be required in all the
States"
So, looking at the matter in this
light, we do not see but what the entire
Candy "hitch" or knot is united, and
the State is to all lntents and purposes
back into the Union as soon as she con-
venes her Legislature and ratifes the
Fifteenth Amendment, as far as she can
possibly be back until Congress receives
her; for, says Mr.. Hoar, " I do not see
that Congress can undertake to furnish
the State with suitable Legislature to
start with, or to exercise any control
over its composition which could not
be exercised over subsequent Legisla-
lures" As we have said often and
over before in these columns, any appli-
cation of the test-oath to its members
whereby they would be ruled out and
others put in their places would not be
the Legislature of the State of Virginia,
but would be a body chosen by military
authority, and would not be what is es-
sential for Congress to have to present
to the country as the action of the peo.
pie of Virginia. ..,.
We see no possibility of Congress re-
jecting the action of the Slate alter even
one of its acts have been accepted, and
the ratification of the Fifteenth Amends
ment is legalized by accepting the State;
or in the event of the State being re-
iected of course the ratification falls to
the ground, as an illegal State govern
ment cannot pass on legal measure.
In view of the fact that Congress desires
above all things to secure the ratitica-
ton of Virginia to the Fifteenth Amend
ment, of course there can be no sort of
going back on the Legislature after it
has performed its contract.
The hotel property at Gordonsville
formerly belonging to the Messrs.