Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1869-07-16
The Test Oath I'm virginis---Gcn. Cam
by's Letter.
[rrom the Nv YorL TImer.

tFrom the New York Times.
Of course General Candy does not ad-
nit the conclusivencss OF the argument BY
which We recently attempted to show the
untenableness Of his position on the test
Z ath question. In q letter, TO which We
elsewhere give room, he insists upon the
soundness of his determination to exact the
oath from members elected to tire new Leg
islature. But we must be permitted TO Say
that the Interpretation he puts upon the
action of General Gran. in relation to re-
construction in other States is.as unwar-
ranted as that by which he attemps 10 justi-
fy the course he proposes TO take.
General Candy suggests that we have
overlooked the material point that the
Consultation proposed" for Viiginir has not
been approved by Congress, and that the
decisions of General Grant, which we cited
q week ago, were given after the approval
OF the Constitutions to which they referred,
or lated in every instance to conditions
which could not exist until AZ, err that ap.i
proval had been Obtained" As a matter
Of fact, we submit that our correspondent,
is in error. In the case of Georgia, at
least, General Grants Instructions TO Cen
eral Meade preceded by several weeks the
Congressional approval OF the State Con-
sti,ution, IL was on tile second of March,
1868, that General Grant wrote:
tsThe officers elected under the new Con-
stitution of Georgia are not officers Of the
Provisional Government referred to in the
reconstruction acts, nor are they oihcers
elected under any so called State authority,
and are not. therefore, required 10 take the
oath prescribed in section nine, act Of July
10, 1861"
And IL was OH the 29th OF the following
s,.o
same officer, remarked that he saw nothing
in the communications Of the latter TO
change his opinion, and that "tho eligibility
TO hold Office must be determined by the
new Constitution, and the amendment 70
the Constitution Of the United States, des-
ignated as article a." Yet it was not until
the 25th of the following June that the act
conditionarIy admitting Georgia to repres-
entation, and formally approving its Con-
stitution, became law. General Candy,
then, is mistaken as to the circumstances
in which the Commander of the Armies
established a ruling of the law directly OPP
posed to that which the present Distri II
Commander proposes 10 fasten upon Vir-
ginia. .4s.
But was General CRAFTS opinion or or
der qualified by connection with conditions
which could not exist until after the approx
ing action of Congress-! Clearly not. The
case was judged by General Grant ON its
merits. As q matter of fact and law he
decided that the test oath is net obligatory
on members of n Legislature elected under
the Reconstruction acts. He did not make
this view contingent upon the proce dings
of Congress; of which in advance he could
know nothing. He declared absolutely that
any oath wll;.cchh The new Consultation of
.ie State prescribes, together with the pro-
bibitory sec ion of the Fourteenth Amend
ment constitute the only limitations to
which the members elect are exposed.
Besides the act of July rs, 1868, admit
ting North and South Carolina, Louisiana,
Georgia, Alabama and Florida, to represen-
tation, neither said nor did anything affect
ing the conditions by which the oaths TO be
taken were dcte rmined. General Candy, s
reference to this approving legislation i'm
plies that in some unexplained way it re-
! lieved him and Generals Meade and Buchan
an from the necessity Of exacting the test
oath in their respective districts But howl
Does the act of admission specifically set
aside the test oath as bearing upon the
Legislatures Of the States concerned Does
II indicate anything by which District
Commander could be relieved from what
Gen. Candy now maintains to be his duty
What says the preamble ..'is
Whereas. Tic people of North Carroll
ma, South Carolina, Louisiana, 0eorgia,
Alabama and Florida have, in pursuance OF
the provisions Of an act entitled An act
for the more efficient government of the
rebel States passed March 2, 1867, and
the acts supplementary therein, framed
Constitutions Of State Government which
are Republican, and have adopted such
Constitutions by large majorities of the
votes cast at the elections held for the rati-
fieatlea or rejection Of the same"
As a result Of these proceedings BY the
people Of the State named, they were de.
clared entitled to representation in Con-
gress when their respective Legislatures
should have ratified the Fourteenth Amend
ment, and subject to certain other ''funda-
mental conditions" n- a'N-
Now, d ere is nothing in the preamble or
body of the act in question which absolvcd
Generals Meade, Candy and Buchanan from
any duty before incumbent upon them
There is simply n recognition of the fact,
hat with the ratification Of an acceptable
Constitution, and the election of Legjs-
lature and State officers, the provisional
condition of things ended, and matters as
sumed a shape fatal TO the rule under which
a District Commander could at will exact
the test oath.
What was true then Of the six States
named in the act is true now of Virginia.
Its people have, by a large majority, adopt
ed a Constitution 20 which the keenest eyed
Republican cannot object. They have cleo.
ted Legislature which, under the terms of
the net passed at the late session, will meet
..,...'v to ratify the Fifteenth Amendment,
which is a condition precedent of readmis-
sion to the Union. Wien the subject comes
before Congress, ,hen tns record will show
Constitution ratified, and the sps"'aI Goa
dition Of the last act complied with. There
is 40 reason now for enforcing the test oath
as against Virginians which was not appli-
cable as aginst South Carolinians, amoag
whom General Candy did not enforce it.
The plea behind which General Canby |
takes shelter Is predicted upon the suppos-
ition that the Legislature just chosen in
Virginia is merely provisional" But the
hypothesis is .allacous. A "soicalledn /
''proyisionar Legislature, having no legal
status, could not ratify the fifteenth amend
ment or boast of the credentials which the |
new Legislature of Virginia possesses
Elected in conformity with the reconstruc-
tion acts, and eOncurrently with the adop-
ton Of a constitution prepared IN Ter their
br-~-'i"r nv "mhers