The New York herald., 1869-09-30
VIRGINIA.
Opinion of Attorney General H0ar Sustatn-
ing the Election OF United States Senators
by the Eegisiasure.

Opinion of Attorney General It0ar Sustatn-.
ing the Election Of United States Senators
by the Legislature.
RICHMOND, Sept 20, 1859.
The following correspondence on the Virginia
Senatorial question Is publlshed:-
HEADQUARTERS FIRST MILITARY DISTRICT.
RICHMOND, Va, Sept "a, 1862
The Hon. SECRETARY or WAR, Washington ID. c.
gress OF the United States by the Legislature which
will assemble IN tnls city on the 5h pr0xmO is one
OF great present interest in the State. ana many
applications nave been made tor u decision upon
that point The subject appears 10 be SO free lrom
difficulty that l have not hesitated to express
the opinion unoliciay that the election OF
Senators was authorized ana necessary to complete
the reconstruction. and was prescribed by the law
OF July 25 1865 but thai 1t was not proper Tor mo
to make q decision upon question that addressed
itself so directly TO the discretion OF tie Legislature
alter 1t was organized. There are many, however,
who are OF the oplnon that this action Is III some
way restrained by lhc opinion OF the httorney Gene
raj OF August q. 1862 and | have the honor TO
request that the question whether the Legislature
OF this state Is authorized to elect Senators OF the
uniLcd States at the session hich commences on
the 9Th Of next month may be submitted to the
Attorney Gene al for his opinion Very respectfully.
Sir, your obcd.elC servant. ED. II. y. CANDY,
l'revet h!alor General u. $. A. Commanding.
ATTORNEY GENERALS OFFICE Sept. 25. 1869.
THE PRESlDESr:-
SIR have the honor to acknowledge the receipt
OF your letter OF this date referring to me, Tor my
by General Candy, dated september -, 1869, which
asks whether the Legislature OF the state OF Virginia
~ elecL GcnutOrS OIL tntteu DtuIe3
at the session which commences on the 9th oil next
month, and desires that that question may be sub
mltted TO the Attorney General Tor MS opinion. The
general views which entertain OF the functions Of
the Legislature Of Virginia. elected In pursu-
ance OF the act OF Congress OF Aprl 10,
1869, have been already fully indicated in an
opinion transmitted 10 the Secretary OF war, under
date OF August Zs, 1862 came to tho conclusion
that the members OF tho Legislature were not
required to take the cath referred to in section nine
or the Statute oil July 10. lSG1 in order to qua1y
them to act as such members; that IL was compc-
fn bn Ia mo-
organize and do WDateyef was required or allowed
by the acts OF Congress as preliminary to the state;
but that 1t was not competent for them 10 undertake
to enact laws or Otherwise to assume any functions
taking tue oath above referred 10. Upon careful
consider ton aai now OF the opinion that the ecc
ton OF Senator'S il.ofhs voting upon tie fourteenth
ana fifteenth amendments 10 &C. c0c'r,Iton OF the
United States - part o. the action GOA
tcmpIated by Congress "a preliminary to a
to the government OF the United States
IA one OF the States of the Union. The Senators
thus elected would have no power or authority until
the Senate OF the United States Should have passed
upon the validity OF their action and admitted them
as members OF that body Under the act OF April TO-
1869, the election of members OF the House Of
Representatives was permitted and has taken place,
and when Congress comes to act upon the whole
question OF the recODs rucJiOn OF The state 1t would
seem equally proper that members elected to both
branches or the national legislature should present
thmseives and be ready for admission TO seats IN the
respective houses. Ihe election OF Senators does
not seem to me 10 transcend the action which comes
within the limited and qualified purposes requisite
TO reconstruction but rather to be essential 10 the
completeness OF that action, ana think that the
military commander should not interfere with or
prevent 1t. Very respectfully,
r.. II. HOAII Attorney General.