New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-24
THE RESTORATION OF VIRGINIA.

In April last the present Congress saw hit
to pass bill providing for submitting to
vote of the People of Virginia tho Constitu-
ton which had been framed for her by Con-
vention chosen by her electors, whereof large
majority were Republicans; and that Constitu-
ton was such as they lehose to make. The
terms and conditions of submission were all
dictated and shaped by the Republican MAORI
ty in Congress; no one else had aught to say
respecting them, and they were agreed to by
the votes of Republicans alone. By these con-
ditions, the President was authorized to "sub-
Unit separately such provisions as he may deem
chest" and he accordingly submitted sepa-
rately those provisions only which prescribed
and excluded from office such Virginians as had
taken prominent part in the late Rebellion.
The election was held accordingly; and, while
the Constitution was ratified by an almost
unanimous vote, the proscriptive clauses were
voted down by large majority, carrying with
them the State Ticket which was claimed to be
the regular Republican. The ticket actually
chosen was partly composed of undoubted Re-
publicans, partly of persons not previously
Republicans, but all avowedly favorable to tho
XVIII Amendment and to Gen. Grants Admin
istraton. All the Members of Congress chosen
were such as could take the oath of consistent
loyalty required of them.
Part of the members chosen to the State
Legislature had been Rebels: so the question
was raised by the defeated party-"Can these
"serve2 or are they excludcd9" The question
was brought before the President, and by him
submitted to his Attorney -General-a Massa-
chusetts man, a hereditary Aboltionist, and a
jurist of unquestioned ability and integrity.
He, after due deliberation, decided that they
could serve-that there was no legal obstacle
thereto. We quote from his opinion (Of Aug.
2Sth LAST as follows:
"By the statute OF April TO- 1862 the registered voters
of Virginia authorized TO vote the question OF
the adoption OF Constitution for the State, and at the
time to elect officers under 1t, subject 10 the
prova of Congress The vote has been taken in pursu-
ance Of the provisions Of the act and the election held
and some parts OF the Constitution submitted have been
adopted by the people, and others rejected The parts
of the proposed Constitution thus adopted II they shall
be approved by Congress, will be the Constitution Of vir
GINA under which all its officers will be required to
and the qualifications, well as the duties, OF those OFF,
GERS will be determined by IT, When Virginia restored
10 its proper relations 10 the country State Of the
Union its officers and Legislature will be such as the Con
sttution Of the State provides deriving their powers
from that instrument; and II will clearly not be IN the
power Of Congress 70 impose any requirement Of add
tioDal qualifications upon them different from those
| which, under the Constitution OF the United States
may DO required IN all tho States. IT, there
FORE any tests 10 DO imposed upon members OF the
Legislature not provided by the Constitution Of Virginia.
any restriction imposed upon the people OF the State
In their choice Of officers not recognized by It, and not
made applicable under the legitimate Of Congress
to all the States the Legislature and officers would not
In my OPINION DO the Legislature and officers Of Virginia
under Its Constitution. do not see that Congress can
undertake to furnish the State with suitable Leglsla
ture to start WITH exercise any control It's
composition which could not be exercised over subse
quent legislature am therefore, OF opinion that the
oath prescribed by the statute OF l and by the statute
July TO- 1867 chapter 80 section required to DO taken
by all persons elected appointed TO Office In said mill
tary districts under any so-called State municipal
authority is not to DO required OF he officers Of the
OF Virginia. members Of the Legislature elected
| under It's new Constitution"
Thus instructed and guided by the highest
| law officer of the Government, whose opinion
was adopted and acted on by the President
the Legislature met, organized, ratified the
| XVIII Amendment without dissent, chose loyal
| U. s. Senators, and adjourned to await the
action of Congress, as had been virtually
directed from Washington.
Congress met on the 4th of December; and
Virginia still awaits permission to resume her
proper place in the Councils of the Union. No one
doubts that she has done all that was required
of her by the act of last March, as expounded
| to her by the Attorney General but still her
admission is delayed, and new eIactions, new
cavils, isterposed from day to day. In tho
| House, these were ovsrborne under the lead OF