Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-01
ffula ItlC1i nlUnCi


There was no cqninoctial disasters
Ernrn Hlchmond
RICHMOND, va. Sept. 29-P. M.
Tho following is the correspondence on the
Senatorial question
HEAD QUARTERS FIRST MILITARY DISTRICT, !
RICHMOND, Va, Sept. 24th, 1859.
To the Honorable Secretary Of Var,
Washington, ID. e.:
Sir:-rhe question of elactinG Senators to the
Congrees OF the United States by the Legislature
which will assemble in this city on the 5th proxi
mo is ono of great present nterost in the State
and many applications have been made for lie.
cisiOn upon that point. Tho subject appears to
be free from difficulty that have not hcsita-
ted TO express tho opinion unCfcially that the
election OF panators WAS authorized and
necessary to complete roconstruction, and
WAS prescribed by the law OF July 25th, 1865;
but that it was not proper for mo to mako de-
caion upon question that addresses tsolf so
directly to tho discretion Of the Legislature after
it was organized. 1hore arc many, however,
who are of the opinion that this action s in some
way restrained by the opinion of tho Attorney
General of August 28th. 1867 and l have tho
honor to request that tho question, whether the
Legislature Of this State is authorized to elect
Senators of tho United Statos at the session
which commences on the 5th of next month, may
be submitted to the Attorney General for his
opinion.
Very respectfully, sir,
Your ob't servant.
Signed. Ed. Il. s. OANEY.
Brevt. Maj. Con- U. :. A. Commanding.
ATTORNEY GENERALS OFFICE,
september. 25th, 1869. {
Su:-I have the honor to acknowledge the re-
caipt of your letter of this date referring to me
for my opinion letter addressed to the Secre-
tary of War by General Oanby, dated September
81, 1862 which asks whether the Legislature OF
Virginia is authorized to elect Senators of the
United States ut the session which commences
on the 5th OF next month, and desires that
that question may be submitted to tho
Attorney General FOR his opinion. Tho gen-
eral views which 1 entertain OF the functions of
the Legislature OF Virginia, elected in pursuance
OF the act OF Congress of August 10th, 1869, have
been already fully indicated in an opinion trans
mitted to the Secretary OF War under date OF
August 2Sth, 1869. l 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 10Th, 1867 in order to
qualify them to act as such members. That it
Was competent under the law for the Legisla-
ture to meet, organize and do whatever was re-
quired or allowed by the acts OF Congress aa pre-
liminary to tho reconstruction Of the State, but
that it not competent for them to undertake
to enact laws or otherwise to assume any OF the
AUCTIONS of the government of the State if organ
lied without taking the oath above referred to,
or if any of its members could not or did not
take that oath. Upon careful consideration /
am now Of opinion that the election of Sena-
tors, like voting upon tho fourteenth and
fifteenth amendment to the Constitution of the
United States, is a part of the action contom-
plated by Congress as preliminary to restoration
of the State to it's full relation to the Government
of tho United States ono of the States of tho
Union. The Senators thus elected would have
no power or authority until the Senate of the
United States should have passed upon the va
lidity of their action and admitted them as mem-
bers OF that body. Under the act of April 10th,
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 Recon struction of the State
it would seem equally proper that members elect
ed to both branches of the National Legislature
should present Themselves and be ready for ad-
mission to seats in tho respective houses The
election OF Senators doos not seem to mo to tran
scond tho action which comes within the limited
and qualified purposes requisite to RECONSTRUCT
ton, but rather to be essentional to the complete
ness of that action, and think that military
commander should not interfere with or proven
it.
Very respectfully,
Signed, F.. Il. lloAH,
Attorney General.