Arizona miner., 1866-01-10
arizona 5Miuer.
NM LFGISLATIyr OlTU

Cral:
PREscorr, Dec ~, 1868.
Hon. Peter Doll, member of ,he House Of
Representatives
In your communication 81 the sth INST, .
yoa SAY that Some of my constituents have
called my attention % the fact that the Con
grgsss of the United Statcs, have by act, pre-
scribed an oath 70 De- administered TO every
person holdn. office Of honor and profit under
the AUTHORITY of the United State~, and have
EXPRESSED doubts A. - the legality Of any
laws enacted by the legislative Assembly or
Arizona Territory, unless the members be
sworn in accordance with the law above al
ludcd TO- IL appearing 20 me O. be question
Of much Importance, | would respectfully asS
70 be favored with your advice On the subject
chccrfIlly comply with your request and
only regret, that other duties have delayed
nv answer so long.
The act Of Congress, 90 which YOU alludc,
reads rs follows: "That hereafter every per
son elected or appointed 20 any office Of honor
or profit eHier r. Glr.0gueb II ~ Ua1ef
Sues, either Ia the civil, military or naval
departments OF the public service shall take
and subscribe a certain OATH the form Of
which l. given.
The above statute refers to federal officers
elected OF appointed By the Government 81
the United States. for these are the only oil
GERS that are either in the civil, military OF
naval departments of the public service Of
the United States. This Is further made evi-
dent. by the same statute which provides
Which said oath so taken and signed, shall
be preserved among the files Of the court,
house Of Congress or department 20 which
the said Office may appertaiu. The word dc
partn,nt, as used in this act, refers 90 the
departments Of the federal government.
Il wnnld be absurd TO suppose that the
oath of Office of the members Of the Legisla-
tive Assembly u Arizona must be preserved
among the filcs Of tie courts. house Of Con-
gress or departments Of the general govern
ment.
II may be said that Congress has fixed the
number of the members Of the Legislative
Assembly pays their mileage and per diem.
! ais, pm, i,s.. that :.c.c shall he Pr,late
Courts and courts Of Justice Of the Peace.
vet the gentlemen composing said courts, arr
not federal officers, and would not be, If Con
gress was generous enough 70 pay their sala-
4 ries.
Congress always provides in the 'enabling
actr authorizing tire people Of a Territory 70
form a state government, the number Of the
members Of the constitutional convention, and
the mode of their election. Yet they are
not federal officers.
The members Of the Legislative Assembly
dEE ttefktfA u TIE It'NiNt ~ AtAt ltEf.tt3N o.
Arzona- IL can not be contended that the
Tcopie 81 Arizona have the power to eject
federal Officers, either in the civil, military or
naval departments Of the public service.
When the Territories are organized they
beoone . Dependent Governments" and have
power in many respects not unlike the states,
bf't their governments may be changed and
altered by Congress. hut all laws passed by
the Territorial Legislatures are legal and
valid unless disapproved ofby Congress.
ssxi TN. tr-,,fIla 81 Territory oiecr federal
goiiirers except DELEGATE in Congress- The
Constitution Of the United States. SECTION 2
OF Article ?, provides; "The Prlsid,at shall
nominate and by and with the adue and
consent OF the Senate shall appoint Arlbass-
aiors, other public Ministers and c, iuls
judges Of the Supreme Court, alm a.
easew u tts Uattsd S'a,es whose app
are not otherwise provided fori - nj - y
may ~ INV, vest the ags3 pr7rer h ,bo y
IT. Once rs ~, courts Of law. or IN Il
eslieh' departments" Il
n thus Be seen that all federal sffi4-s. a
Ace2ting the President Of tie United States, Il
ami memDers Of Congress, are in no case elect bi
60 y me people, but IN al cases appointed n
a boye provided =,
SETON 3, Of Article 6, Of the Constitution n
81 tie United States, provides that certain ;,
Officers therein referred 10, shall take an oath AZ
- support the Constitution aforesaid. This al
p July complied with in the oath which YOU N
rs member Of the legislature have taken. M
hash member Of your body has taken an G,
path prescribed by the Howell Code, @That a,
be will support the Constitution Of the United 4
States, and the laws Of the Territory, that lac r,
si true faith and allegiance bear to the same, r,
md defend them against all enemies whatso- Il
a-sr."
The above oath l. both loyal and sufii sent II
Il viii be seen that arrive at the conclusions: a
lst. That the oath prescribed, by act of Con- b
sress, Mas intended 10 be taken only by fed b
sral OiEeens. 2d. That a member 81 the i
Is a Territorial and not federal Il
'fiieer, and that the oath taken BIZ the mem Il
'ers Of the Legislature e the only one pre- Il
ribbed by any law, for them 20 take, and that N
tlegciOre Il Is in all respects sufficient. Vi
COLES BASHFORD. re
Attorney General. q,