Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1872-03-29
From the Lynehburg Republican.
Tao Disability QEsesiiol.

An erroneous statement having gone
into our city papers ofyesterday morn
ing i'm regard TO the eases of those
members O! the General Assembly, Of
| Virginia who RE alleged to be Ia
/ boring under the disabilities imposed
| bv the fourte emh amendment of the
United states Constitution, and con-
corning the action of the grand jury
of the United States now sitting III
this city, we have taken pains TO Learn
the real facts of the subject.
We understand that the grand jury
thought that the members Implicated
ought themselves to come here and re-
quest q judicial decision OF the question
of violation, and requested the United
States district attorney TO write the
I members to that effect. Accordingly
that officer did address an informal
and unaficial letter to one ofthe MEM
bcrs fNIr Coghiil) rs instructed. The
following is copy of that letter:
OFFICE OF TIE L. s. DISTRICT ATTORNEY,
{ WrsTEkH DIsraICT IL VlRGISIA,
LrSCHBUHG, March Il, 1872.
II. 4. CoghiH, Esq:
Dear SiT,-The Cases Of yourself, OF
the delegates from Pulaski, Fluvanna,
and Rappahannock, of the senator
from Shenandoah, and others, are be-
| foro the grand jury of the United
States Court sitting now at this place.
The offence is that of violating the
| third clause of the fourteenth amend
| ment of the National Constitution in
! having attempted to hold, and now
! holding. the Office of member OF the
General Assembly of Virginia though
disabled from holding Office.
Your character and your position as
legislators imply that YOU do not con-
slider yourselves to be within the terms
and spirit of the article of the ConStl-
tuition referred to; but Pr1nld JGcle,
and III public estimation, you seem TO
be setting at naught the fundamental
and paramount law of our country.
/ take the liberty of suggesting
whether it is not due to yourselves, to
the historically illustrlouS body OF
which you are members, aud TO the
Commonwealth of Wig nia-of whom
you are citizens and public servants
yourselves TO appear here, and court
a judicial decision OF the question
whether you are i'll fact violating the
Constitution of the United States
involving, as this issue does ina very
serious degree, the loyalty to the Con-
stitution and the Union Of the voters
who elected you, and of the body III
which you sit.
You are doubtless aware that l am
prohibited, by the exceptions in the
fourteenth section Of the act OF Con-
gress entitled IAN act TO enforce the
right of citizens to vote in the several
States, and for other purposes" passed
May 81, 1870, from proceeding against
! you by writ of quo icdrrdnto, which Is
virtually civil proceeding and that
! the fifteenth section of that act re-
| Quires that persons holding, or at
! tempting to hold, legislative office in
| violation of the fourteenth amendment
shall be pursued criminally, 10y indict-
ment. This latter THust of course,
| therefore, be the form of proceeding
against you. ..s..
The grand jury viii DO in session
here until Saturday next (the 23d i'll
stant), and possibly few days longer.
/ am, very respectfully,
Your Obedient servant,
ROBERT w. HUGHES.