Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1869-10-05
ATToRNEY-G ENERAL's OFFICE,


September Is, 1859.
The President: ii sar s7s
Slr,-l have the honor to acknowledge the
receipt OF your letter of this date referring to
ne for my opinion letter addressed to the
Secretary Of War by General Candy, dated
September "a, 1869, which asks whether the
Legislature of the State Of Virginia is authoriz-
ed to elect senator's of the United States at the
session which commences sBns the 5th OF next
month, and desires that that question may be
unlimited to the Attorney General for his @
,,lDlon. LsaIr-,-f sau
The general views which [ entertain of the
emotions of the Legislature OF Virginia, elected
IA pursuance OF the act OF Congress OF April IL,
1869, have been already fully indicated In an
,pinlon transmitted to the Secretary III w ar
1nder date Of August %, 1869. | came to the
conclusion that the members OF the Legislature
we're not required to rake the oath referred to
IN section OF the statute OF July IS, 1867, In
order to qualify them to act as such members ).
that 1t was competent under the law for the Lee
sislature to meet, organize, and do whatever
sas required or allowed by the acts Of Congress
As preliminary to the reconstruction of the State;
Jut that it was not competent for them to I'M
dertake to enact laws, or otherwise to assume
any Of the functions Of the Government OF the
State, if organized without taking the oath a
Dove referred to, or If any of its members could
iet, Or did not, take that oath s3u-
Upon careful consideration, | am now of
pinlon that the election OF senators, like voting
apon The fourteenth and fifteenth amendments
. the Constitution of the United States, Is
part OF the action contemplated by Congress as
preliminary to restoration Of the State to its
full relatlon 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 Uni
Led States should have passed upon the validity
IF their action and admitted them as members
II that body. Under the act Of April 10, 1869,
the election of membek5 of the House of repre-
sentatives was permitted. and has taken place
anu when Congress comes TO act upon the whole
question of the reconstruction OF the State, 1t
would seem equally proper that members elect
ed to both branches OF the national Legislature
should present themselves, and be ready for
admission to seals in the respective Houses.
The election OF senators does not seem to me
to Transcend the action which comes within the
limited and qualified purposes requisite to re-
construction, but rather to be essential to the
completeness of that action, and think that the
military commander should notsintertere with
OF prevent it. Very respectfully, a d
E. K. HOAR, Attorney General.
It will be seen, too says the Dispatch, that
he Attorney General intimates that both the
onrteenth and the fifteenth amendments to the
Constitution are to be ratified by tho Legisla-
ture. The original reconstruction acts require
the ratification of the former 1t has already,
oeen officially declared to have been ratified by
he requisite number of States; but as Mr..
Johnson and Mr. Seward threw doubts upon
he validity of the action of some of the Legls-
atures, Genera! Grant has no doubt determined
o make up for accidents All the southern
States heretofore admitted to representation
| ratified the fourteenth amendment as q condi-
ion precedent
| The correspondent of the Baltimore GaseHe
! ;ays:
Il was known that the adoption Of the Eff
zenith Amendment was made by the Morton
ection of the act 1859 prerequisite to re
toration.' but where will the Attorney General
| ind any law enacted even by the unscrupulous
fanatics Of Congress, making the election OF
Senators, or in particular the adoption OF the
| Fourteenth Amendment a part of the acton
Contemplated by Congress as preliminary to d
restoration of the State TO its full relation to the
| Government of the United States?