The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-30
VIRGINIA.
Election of Senators Important COrrespO


I.ltcuUn VI ScH".oiS nP"ht't"' SO'AO9p""-
RICHMOND Sept. 29.-The following is the
correspondence on the Senatorial question:
HEADQUARTERS FIRST MILITARY DISTRICT,
RICHMOND, Va, Sept. "a 1S69.-Hon Secretary
of War, MISUNDERSTANDING question of the
election of 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
on that point.
The subject appears to be so free from diff
ficulty that / have not hesitated to express the
opinion, unofficially, that the election of Sena-
tors was authorized and necessary to complete
the reconstruction, and was prescribed by the
law of July %, 1865; but that 1t was not proper
for me to make decision upon question that
addressed itself so directly TO the discretion OF
the Legislature after it was organized.
There are many, however, who are OF the opl-
Mon that this action is in some way restricted
by the opinion of the Attorney-General OF
August 2S 1862 and have the honor to request
that the question whether the Legislature OF this
State Is authorized 10 elect Senators of the
United States at the session which commences
on the 9Th of next month may be submitted TO
the AttOrney-G General for his opinion.
respectfully, sir, your o6ealent servant servant
Brevet Maior-General U. S. A., Commanding.
ATToRNEY- GENERALS OFFICE, Sept. 20, loo9
The President-Sir:-I have the honor 10 ac-
knowledge the receipt of your letter OF this date
dressed to the Secretary OF War by General
Candy, dated Sept. "a, 1869, which asks whether
the Legislature of the State of Virginia is
authorized to elect Senators of the United States
at the session which commences on the fifth Of
next month, and desires that the question may
be submitted to the Attorney-General for his
opinion. The general views which entertain
OF the functions Of the Legislature OF Virginia,
elected In pursuance of the act OF Congress OF
April TO- 1869, have been already fully indicated
IN the opinion transmitted to the Secretary OF
War, under date of August %, 1869.
came to the conclusion that the members OF
the Legislature were not required to take the
oath referred to in section nine of the statute OF
July ID, 1869, in order to qualify them to act as
such members; that 1t was competent under the
law for the Legislature to meet, organize, and
do whatever was required or allowed by the acts
OF Congress, as preliminary TO the reconstruc.
tion OF the State, but that it was not competent
for them to enact laws or otherwise to assume
any of the functions of the Government of the
State II organized, without taking the oatt
above referred to, or If any of its members coult
not or did not take that oath.
Upon a careful consideration, / am now o
opinion that the election of Senators. like yotinI
on the fourteenth and fifteenth amendments /,
the Constitution, is part of the action contem
plated by Congress as preliminary to its tul
relation TO the Government of the United State
as one of the States of the Union. The Senator
thus elected would have no power or authort
until the Senate of the United States should hay