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

Mr.. Sumner: Mr.. President, I am obliged
to the Senator from New York for the e1-
PLANTATION he Inns made in regard to the &C.
ton of the committee. In making the
statement that did I spoke from informa-
ton communicated by another. supposed
that it was entirely accurate. II, however,
the committee has done all that it can pos
sibly be called to do, that throws upon the
Senate itself the present responsibility
We must consider the question if the COM
mittee are not to consider it further. And
how con we consider it properly except on
the evidence2
Now, ! ON assured that there are resolu-
lions of public meetings in different parts
Ct Virginia; that there ore papers, letters,
communications, oil tending to throw light
ON the actual condition of things in that
State, which in the course of the short time
Of few days at furtheGt will be presented
to the Senate. Under these circumstances,
l submit that the measure should be allowed
to 60 over for few days, perhaps for o
week,-t Monday next-and that it
should be then taken up and proceeded
with to the end.
My object is that when the Senate acts
on this important measure itmay act wisely,
with adequate knowledge, and so that here
after it may have no occasion to regret its
conclusion. How many ore there now, sir,
who, on information in our papers to-day,
would not recall the vote by which Ten
ncssee was declared entitled to place as q
State3 You, Sir, have read that report
signed by representatives of Tennessee and
by her honored senator here to my right
(Mr. Brownlow). From that you will see
the condition Of things in that State at this
moment. Is there not lesson, sir, In that
condition of things' Does it not teach Us
to be cautious before We commit this great
State of Virginia back to the hands Of the
people that have sWayed it in war against
the National Government Sir, this is
great responsibility. I am anxious that
the Senate should exercise it only after ad-
equate knowledge and inquiry. I do not
believe that they have means at this mo-
ment Of coming to proper determination.
Now, if the Senator from New York, who,
perhaps, represents the committee on this
occasion, who certainly is member of the
committee, would consent that the bill
should go over till next Monday, l certainly
then should make no objection to its being
proceeded with to the end.
Mr.. Howard: I understand, Mr.. Prssi-
dent, that the two Houses Of the Virginia
Legislature, elected at the recent election
under the proclamation Of the President,
consist, about two-thirds Of them in each
House, of persons who cannot take the
teBt-oath required by the act of 1862; that
about two-thirds Of each House are we'll
known and recognized rebels, who gave aid
and comfort to the rebellion that the oct
of Congress forbids the election of any such
person to either House Of the Legislature.
They cannot take the oath truthfully, and
ought not, therefore, to present. themselves
as members of the Legislature. This is q
point of very great importance to me, l
| confess.
1 wish to be better informed as to what
the fact really is in regard to the quali6ca-
tons Of members of the two Houses at pre-
sent. am very poorly informed, and
dare say majority of this body have no
better information upon the subject than
have. But if it be the fact that about two
thirds, or more than tNo-thirds, of the
Houses Of the Legislature is rebel, and TN
able to take the oath of 1862, I think we
may very properly hesitate in regard to
Virginia, as we have hesitatsd in regard to
Georgia. I wish to make inquiry.
Mr.. Stewart: 1t may be that there are
two-thirds, or perhaps even three-fourths,
of the members of the Legislature who
cannot take the oath. If these are the num-
Der, and you now impose the requirement
of the tost-oath, it is obvious you destroy
the Legislature entirely. If Congress makes
a Legislature BY putting minority party
in power, Of course it will go out of power
OF the first election, and who will then be in
power3 Those unrepentant rebels. You
speak Of those who have opposed this Co.
vernment-the extremists. You have the
pledge of these, now in power, that they
will execute this Constitution in good faith.
The amendment proposes to require the en-
forcement of the oath. The matter was
considered, and it seems to me that VIC are
concluded upon it if We are upon anything.
In the case of Georgia it WIGS complained that
the test-oath WAS not administered. The
Committee on the Judiciary examined the
question, and found that our leading Gene
rails and members of both Houses had
given the opinion that the test-oath
was not to be administered to the
members of the Legislature, and We
had to put the consideration of Georgia
upon different grounds. The same question
came up in Virginia, and in order.that the
Senate may be informed how much it has
been considered, it may be we'll to read
the opinion of the Attorney-General on
that particular point. The Legislature Of
Virginia were instructed by the Admins
tration that they might organize without
taking this oath.
Mr.. Sumner: Will my friend begin by
reading the opinion Of that very able law
yer General Csnbyl I think his opinion
on the case is o very able one, and does
honor to him as . member of our profess
sion.