Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1902-07-16


new constitution which the republicans
have threatened to make may come
through one of their number, DR.. E. 5.
Mclean. member of the House from
Mecklcnburg, refusing 10 take the oath
as required by the schedule. Of the
uinety-four members of the House
in their seats yesterday when the Cen
eraI Assembly convened in extraordi-
nary session to give official recognition
to the new organic law, DIR. Mclean
was the only one of the ninety-four
members who refused to take the
oath. though sixteen united in a yigor-
our protest. These were Messrs. Geo.
S. Sipe, Harvey l.. Garrett, G. A. Heer-
mans, II. c. Weaver, j. I. Robson, Il.
P. Mclean, j. NJ Quisenberry, NJ. X.
Lowery, Samuel j. Hoffman, j. P. Dud-
lev. A. L. Cannady, George o. Elkins,
William II. Goodwin, c. w. Woody,
w. L. Moore, and X. II. Angel.
The filing of the protest was a mere
formality, and followed fight led by
Mr.. Heermans to declare for submission
of the constitution to the people. After
this the House concurred in the resolu-
ton that had been adopted by the Sen
ate providing thap the members of both
branches proceed TO take the oath. The
matter went through the Senate with
but slight opposition, while in the House
there was stiff fight and the proceed
ings were tleIstormy.
The protest against taking the oath
was in these words:
eve the undersigned members of the
House of Representatives Of Virginia, beliey-
ing that the proclamation Of an alleged con-
stitutiOn was an attempt 70 usurP rlgnts OF
the people Of Virginia, which this Legislature
has the power and is in duty bound to protect
Inv submitting said constitution for ratitica-
ton or rejection, We earnestly protest against
any recognition or acceptance of said alleged
constitution by this body, and especially
against the administration of the oath I'M
posed by said convention, hereby declaring
tor ourselves that in submitting to said re-
ouirement in order that our respective con-
stitnences may not be deprived OF the repre-
sentation to which they are entitled III THIS
bodv. we solemnly disclaim any admission Of
the validity. of said constitution till ratincu
Inv the people of Virginia, earnestly maintain
ing that said oath does not contrayene the
right of any citizen Of Virginia to advocate
and vote for the future submission of said
constitution.
Mr.. Sipe the republican leader in the
House, prepared qualified oath which
he will offer today but the Speaker will
decline it. His case and that of DIR.
Mclean will be referred to the commit
tee on privileges and elections and their
seats are likely to be declared vacant.
Through this proceeding the case is like
ly to get into the courts.
The opening scenes were inspiring,
but the temperature of the two halls was
most oppressive The absence of electric
fans was keenly felt in the hall Of the
House which was supplied with these
producers of comfort while the convention
was in session last summer. There were
many political leaders and other visitors
about the Capitol There were no open
ing formalities. Lieutenant Governor
Willard called the Senate to order at
= noon, and Speaker Ryan raped the
House to order at the same hour. Rabbi
E. VI. Calisch offered the opening prayer
in the Senate, and Rev. DR.. Russell
Cecil performed the ceremony in the
House. There Were very few absentees
in either brancha
The matter of taking the oath came up
in both branches Immediately upon the
opening of. the session Mr.. Cations
speech in the House in opposition to tax
ing the oath, and a breezy little discus
sion in the Senate upon resolution Of
fered by Mr.. Rivercomb in favor OF
submitting the constitution to the people
for ratification, were the features that
preceded the taking of the oath. The
speech of Mr.. Cation had been looked
forward to with much interest, as some
weeks ago he indicated his purpose t.
oppose complying with the provision OF
the schedule of the new constitution.
As soon "a Speaker Ryan, who, with
Clerk Williams, had been sworn in by
Mr.. G. Lee Moore, of the auditors office,
declared that the oath would be admin
istered to the members, Mr.. Cation adj
dressed the House. He said he owed il
to himself and his constituency to state
frankly his reasons for sending out his
recent letter to his colleagues on the sub
iect. and then he launched into long
speech, which was listened to with re-
spectful attention. He denied in strong
terms the right of the convention to pro-
claim its work, and contended that the
instrument was not, and should not be,
in effect until accepted by the General
Assembly. He called convention soyer-
einty a political heresy, and declared
that a dissatisfied constituency would
bring about q day Of reckoning with
those who had usurped their power and
disregarded all precedents and law on
the subject. -
Mr.. Caton's speech was largely repre-
sentative of the convention arguments
against the proclamation. He said il
his position was called rebelious
he was proud to wear the title, but he
denied that it was rebellion, and de-
clared that the action OF the convention
was usurpation of power and an act
of inexcusable revolution in time of
peace. Mr.. Cation addressed himself at
some length to the legal side Of the
question, and said that he hai been in
formed that less than a majority of the
members of the convention had voted
for proclamation. He cited mary au-
thorities, and said that he favored the
General Assembly submitting the in
strumentsto the people for ratification