The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-01-11


GINA now we lose the fifteenth amend
ment; but if we break up existing organ
ization there, if we spurn these friends who
have come to us to help US out-we lose tho
amendment, and ore set back for yenra
There is no practical good in our breaking
faith in this way, and there is no reason
for it. Every consideration of justice and
tof party policy concurs against such q
course. Now, I ask for the reading Of the
opinion Of the Attorney General in regard
to the test-oath, which send to the desk of
the Chief Clerk.
Mr.. Sumner: Now, if the Senator has no
objection, I should like to have General
Canby's opinion read, which will be found
on page twenty-four of the same document !;
and I wish my friend to consider it as o
legal document from military commander.
The Chief Clerk read.
Mr.. Conkling: Do General Candy and
the Attorney General differ with each other
on that subject?
Mr.. Sumner: think 80.
Mr.. Conkling should like to inquire Of
the honorable Senator from Massachusetts
which, in his opinion, is right on the law of
the case, General Candy or the Attorney
General?
Mr.. Sumner: must say that after read
ing over the opinion of General Candy, and
now listening to it, am impressed with its
soundness.
Mr.. Conkling: I have only to say, Mr..
President, that having doubts in my mind
on the question, when read them the re-
spcct in which I hold opinions of the At
torney-General led me to incline very
strongly to his view.
Mr. Stewart: will now ask for the read
ing Of portion of the Presidents message
in this connection, Us we are reading docu-
ments. The President is General, and as
the opinion of one General has been read I
want TO hear his opinion. ask for the
reading of that portion of the Presidents
message which relates to Virginia.
The chief clerk read.
MIR. Edmunds: Mr.. President, confess
that in my opinion the view of the Attor-
ney-General as to this test-oath is clearly
right, although of course I regret to say
so in the face of the opinion of my honored
friend from Massachusetts, Mr. Sumner,
who is better lawyer than the At
torney-General, and certainly o better
one than / am; but I believe the At
torneyGeneral is right; he is appointed
for the purpose of giving bis delibe-
rate judgment upon questions of this kind,
and l ON happy to offer him the humble
tribute of my admiration. In that respect
he has given it fairly and truly rs law
yer, and really any gentleman who will sit
down and study those acts, no matter what
he wishes, cannot fail, think, to come to
| the conclusion that that opinion is the sound
one, and there is no help for it. Therefore
we cannot refuse to admit Virginia upon
the ground that the members of its Legis-
lature have not taken, or cannot take, the
oath that those old acts require. 1t does
not apply to this subject at all.
But, Mr.. President, we have right, under
the very act that we passed authorizing
| Virginia to take the steps, to inquire into
| whether she has taken them in good faith |;
| whether she has conformed to the fourteenth
amendment of the Constitution; and Whe-
| Their her actions give such evidence of good
faith and prosperity as satisfy US; because
the very last section Of the Virginia net
declares III terms that the proccedings-and
that means all Of tEem-the proceedings in
any of said States shall not be deemed final
or operate as complete restoration thereof
until their action respectively Shall be ap-
proved by Congress. We therefore told the
people OF Virginia that they might vote
upon the Constitution, that they might elect
members Of the Legislature, and thus Or
| ganizc in an inchoate and incomplete way
machinery Of Government. We told them
in the same breath, and as the last word
that we said to them, that everything they
did, from beginning to end, must be again
submitted to lis III order that we might eX-
it. Virginia was in our hands substantially
rs 4 territory. do not propose to open the
old question if in the body or out of the
body; but she was substantially SUBJ
ject to the control Of the Congress. We
had been deceived, rs we thought. by
Georgia; we had been deceived, rs many
think, by Tennessee, and / think so and
therefore we took care to tell Virginia, 80
that there could be no complaint about bad
faith or taking back, that we reserved the
right to review all of her proceedings.
Now, then, the question is Whether there
Is anything which leads us to suppose that
any Improvement can be made upon her
condition BY longer delay? We cannot
stand, certainly, rs | have said, upon this
test-oath matter, because we did not require
any such thing. 1t did not apply to her case
at all but we can require, and we ought
to require, in my Judgment, that every
member Of that Legislature and every men,
| Der of that State government shall be q
person who is not obnoxious to the third
article of the fourteenth amendment. We
are bound in selt-rcspect to put it upon 4
broader motive, to see to it that when that
State shall set out upon her new existence
no part OF the composition of her govern
ment, great or small, shall be in defiance of
the fourteenth amendment that we have
Just adopted. / do not know personally
that any member Of the Legislature is OBJ
noXious to the fourteenth amendment. I
strongly suspect that some of them are.
What wish to do, then, for one, is to let this
matter 90 over for q few days, until we can
get further information OIL this topic, which
With NE, so fur as / know, will be the basis
of my action upon her immediate admis-
sion. IT her Legislature is composed in
consonauce with the fourteenth amend
ment, or if it is not, if it shall be recon-
posed by excluding those members whom
the fourteenth amendment exclude, If there
are any, think l shall feel obliged to 60
for her Immediate admission.
Mr.. Edmunds Before | act wish to OBJ
tain information that will enable me to
judge for myself, of course, and not for any
body else, whether Virginia is complyingin
good faith with the fourteenth amendment
whether or not her members ought not to
be required to take an oath based upon the
theory of the fourteenth amendment
fore we fully restore her, to establish that
rs precedent; because there is the turn
ing point, in my estimation, upon this and
upon all other questions in other States Of
the same character.
Now / say I am very much afraid that
Virginia will turn the same sort Of SOM
ersault as Georgia when she is once COM
pletely independent Of congressional inter-
ference as independent, should say, as