The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-03-23
From the Lynclburg Republics
Elite Disability Question.

An erroneous statement having gone into
our city papers Of yesterday morning in re-
card 10 the cases of those members of the
General Assembly of Virginia who are al
lcrcd to be laboring under the disabilities
im:,OScG by the fourteenth amendment OF
the United States Constitution, and concern
inc the action of the grand jury of the United
States now sitting inthis 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 them
selves to come here and request Judicial de-
ciSion of the question Of violation. and
requested the United States district attorney
to write the members to that effect. Accord
in-lv that officer did address an Informal and
unofficial letter to ono of the members OR.
Cogbiln, H. instructed. The following Is =
copy of that letter:
OFFICE OF THE L. :. District -ATTORNEY,l
WESTERN DISTRICT OF VIRGINIA, 7
LYNcHBrRG, March u, 1871
Il. 4. Coqh'N, Esq:
| Dear Sir,-The cases of yourself, OF the
! delegates from Pulaski, Fluyanna. and Rap
pahanuock. of the senator from Shenandoah.
| and Others. are before 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 amendment of the
National Constitution in having attempted
to hold. and now holding, the office of Il
! member of the General Assembly Of Viz
.inia though disabled from holding office.
| Your character and your position as legis-
aturs imply that you do not consider your
selves to be within the terms and spirit Of
the article of the Constitution referred to :;
but pr7n0 Jdcie, and in public estimation,
| YOU seem to he setting ut nau@ht the funda-
mcutal and paramount law of our country.
take the liberty of suggesting whether it
is not due to yourselves, to the historically
illrstriouS body of which you are members,
and to the Commonwealth of Eirginia--of
whom YOU are citizens and public servants
yourselves to appear here, and court AUDI
cial decision of the question whether you arc
| in fact violating the Constitution of the
| United involving, as this issue does
| in 4 very serious degree, the loyalty to the
| Constitution and the Union of the voters
| who elected yon, and of the body in which
yon sit.
You are doubtless aware that am prohib-
| tied, by the exceptions in the fourteenth sec
| ton of the act of Congress entitled "An act
| to enforce the right Of citizens to vote in the
| several States, and for other purposes" passed
| Nav 81, 1870, from proceeding against you
| by writ of Ql0 lr01TdntO, which IS virtually
| a civil proceeding; and that the fifteenth sec
ton of that act requires that persons holding,
or attempting to hold, legislative office i'll vio-
| lation of the fourteenth amendment shall
be pursued crininally, by Indictment. This
| latter must Of course, therefore, be the form
of proceeding against you.
| The grand Jury will he in session here until
Saturday next thc sd instant, and possibly
few days longer.
| am, very respectfully,
Your obcdicnt servant,
| ROBERT W. HUGHES.