Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-01-11
Debnte in the Senate on the Eirg inia
3 & Bill.

w IL
kent ont Congress was breaking faith with her.
MIR. Sumner appealed to the Senator to lis
ten to reason, and pointed to the cases OF
Georgia and Tennessee. Donot be III hurry
in this matter wait till the loyal people OF
Virginia have Chance. to bs=heard. ~---- .
The motion OF Mr. Stewart was agreed to,
and the bill was taken up.
Mr. Stewart. advocated it passage, maintain
ing that Virginia had complied with all the con
ditiops. Her Constitution was republican, anu
he could see no reason tor denying her admls'
sion. Ii was said that she might break faith
do as Georgia and Tennessee had done; but Is
that any reason why wo should break iatth, be
cause, perhaps, in the future she may DO It
We are doing ourselves harm by this Ii VIZ,
GINA had been carried by the Republicans, and
done exactly as she has done, does any one
doubt that she would have been admitted ere
this? We have right to see that State
has q republican form OF government, but we
have no right to make it vote the Republican,
ticket.
Mr. Conkliug stated that the judiciary Com
mittcc had considered this subject, and there
was not much room for misapprchension. lie
had intended himself to move to take up this
bill, but he was not unwilling Tor postpOncment
to allow the Senator MIR. Sumner) time to ex'
anime it.
Mr.. Sumner hored that there would be Il
dclav at least OF a week He understood that
Il meeting of the loyal people would take place
this week. and resolutions be passed, which
would be here by that time. Look at the pa-
uer in reference 20 Tennessee, signed by her
honorcd Senator MIR. BroWnl0w) aut rcprcscn'
tativcs. How many Of us would like to take
back the vote by which We admitted Tennessee
All this admonlShes Us 10 be cautions, and not
to remit this great State o! Virginia into the
hands Ut those who controlled it, dcs!inlca llu
ring the war against the Union.
Mir. Howard understood that about two
thirds OF each House OF the Legislature we're
Rebels, who had fought against the Union, and
who, under our Reconstruction acts. had no
right TO present themsclvcaaS members oil that
Legislature. Now, if this vas true, and these
men could not take the test oath, we had Ger
taluly better hesitate.
Mr.. Stewart said this question OF the t:St
oath had been submitted to the Cabinet. Ii
had been decided in the ease OF Georgia that 1t
should not lie administered, anu also III the
case OF Virginia. The Attorney General had
80 decided It,
Mr. Sumner asked for the reading Of the
opinion OF General Canby advising the admin
istering Of tn. lest oath He thought this Il
~'>' >~-
to General Candy.
Mr. Stewart repeated that there was nothing
10 be gained now by breaking faith Ii these
men were put down the rampant Rebels III Vr-
ginia would come to the top. We should also
lose the Fifteenth Aneudneut.
The opinions Of Attorney General Huar and
General Candy were thcu read from The desk.
Mr. Conkllug asked Mr.. Summer VIII" he
thought was rlsht, tho Attorney General "r
General Candy?
MIR. Sumner replied that he was very much
impressed with the souudness Of Gen. Ca"by,s
Mr.. Coukling remarked that his respect Tor
the Attorney General Inclined him to lean to
his opinion.
Mr. Stewart said that as the reading Of doc
umenta seemed 10 be in order, lie would ask
for the reading of that portion Of the President )
Message recommending the Immediate adnls
sion OF Virginia
Mr.. Edmonds thought the Attorney General
was perfectly right. lie was of course sorry to
differ with his friend (Mr. Sumner), who was
better lawyer than the Attorney General. .~
The question of the test oath had nothing To
do with this matter. What Congress had Il
right to do was to inquire whether Virginia hud
complied with aIl the conditions, lie was
plainly told that all she did was to be reviewed
would not be admitted. Now he had Il sroug
suspicion that some members Of that committee
were objectionable to the 3 section Of the
Fourteenth Amendment, and 10 wished to t.:
lay this matter until he could ascs tain that,
aud il it was not the case, he thought he should
have to vote for her admission
MIR. Morton stated that he had been informed
by leading Virginia Union man who wanted
the test oath administered, that there was 10
member OF the Legislature amcnablc to the
Fourteenth Amendment.
MIR. Edmunds stated that was what he want
ed to be satisfied OF. Georgia had behaved
very badly, and he was very much afraid that
when Virginia was released from all Conrrcs
,ioual control she would turn the very same
kind OF Sonersault. But sill if it was found
that she had done everything that was asked
Of her, it would not be right TO delay her I'D
mission.
Mr.. pomcroy wanted the Fifteenth Amend
mcnt, when it was adopted, to be in such 4
shape that there could be no question about it.
This Legislature was never legally organized.
none II! its officers Were sworn or qualified, and
the adoption If the Amendment amounted to
nothing.
Mr. Morton said there was no State law to
require that Legislative officer should be sworn
IN.
Mr. Conkling Or parliamentary law, either.
Mr. Sumner asked whether the acts Of Il
Legislature woul he valid Ii recorded by a
clerk who was not sworn?
Mr. Mortun--Thc mere TACT OF Il cirrk not
being swpln certainly would Dot vi:iatc any OF
the acts OF the body.
Mr.. Howard argued that no one was eligible
rs member Of Legislature who could not tax"
the test oath, and that he differed entirely
with the Attorney General On this point
Congress had the right to prescribe all the cen
li,ions upon which uny OF these States may he
admitted 80 the Union. This opinion Of the
Attorney General strikes at the whole theory,
he whole foundation ct our Reconstruction acts.
Since this discussion had commenced lrIcnd
lad handed him a statement showing the com
,lcxion of the Virginia Legislature. In the
Senate there were forty three members: thirty
# whom were Conservatives, and twcuty-iiv
VI these Conservatives could not take the test
oath. In the House Of Delegates there walc
,ue hundred and thirty. light members, ninety.
i've of them being Conservatives, and only