The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-09-30
ATToRNEY-GENERAL's OFFICE, !


september ~, 1COJ.
The President:
Sir,-I have the honor to acknowledge the
receipt of your letter Of this date referring
Il me for my opinion letter addressed to
the Secretary Of War by General Candy.
dated September 81 1869, which asks
whether the Legislature of the State Of Nir-
gina is authorized to elect senators Of the
United States ut the session which COM
mCnces on the 9Th of next month, and de-
sircs that that question may be submitted
to tho Acknowledgement for his opinion.
The general views which I entertain Of
the functions Of the Legislature of Virginia,
elected in pursuance of the act Of Congress
OF April 10, 1869, have been already fully
indicated in an opinion transmitted to the
Secretary of War under date Of August Is,
1869. l came to the conclusion that the
members of the Legislature were not re-
CURED to take the oath referred TO in section
. Of the statute Of July 10, 1857, in order t.
qualify them to act SIS such members; that
il was competent under the law for the Lee
gislature to meet, organize, and do what
ever was required or allowed by the acts oi
Congress as preliminary TO the rccOnstruC-
ton of the State; but that it was not COM
pctc0t for them to undertake to enact laws
or otherwise TO assume any of the functions
OF the Government Of the State, if organ
IZed without taking the oath above re-
tcired TO, or if any OF its members could not.
or did not, take that oath.
Upon q careful consideration, | am now
Of opinion that the election Of senator's, like
voting upon the fourteenth and fifteenth
amendments to the Constitution OF the Uni
ted States, is part Of the action conten-
plated by Congress rs preliminary to Il re-
storation of the Stale TO its full rclation to
the Government Of the United States as 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 10, 1869, the election of members OF
the House Of Representatives was permit
ted, and has taken place and when Con-
grcss comes to act upon the whole question
of the reconstruction Of the State, it would
seem equally proper that members elected
to both branches OF the national Legisa-
ture should present themselves, and be
ready for admission to seats ii the respec-
tive Houses.
The election Of senators does not seem
TO me to transcend the action which comes
within the limited and qualified purposes
requisite to reconstruction, but rather to
be essential to the completeness of that &C.
ton, and | think that the military COM
lnander should not interfere with or pre-
vent it. Very respectfully,
L. r. HoAE, Attorney-General.
1t will be seen, too, that the Attorney
General intimates that beth the fourteenth
and the fifteenth amendments to the Consti-
tuition are to be ratified by the Legislature.
The original reconstruction acts require the
ratification Of the former. 1t has already
been officially declared to have been ratified
by the requisite number Of States but as
Dir. JOHNSON and Mr.. SEwARD threw doubts
upon the validity Of the action Of some OF
the Legislatures, General GRANT has no
doubt determined to make up for acct
dents" All the southern States heretofore
admitted to representation ratified The four
feenth amendment as condition preee-
dent.