The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1869-09-15
The Attorney General on the Status
Of Virginia


Of Virginia
The following is Attorney General
Hoar's opinion, received this morning |
by Gen. Candy:
ATTORNEY GENERALS OFFICE; !
Washington, AUG. 2S, 1869.
To the Hon. JohnA. Rawlins. Secretary
of War,
Sir II have the honor to acknowl-
edge the reception Of your letter of
July 81, 1860, In which You request my
opinion upon so lauch of the questions
in letter of the commanding
general Of the First Military District,
dated the 10th inst, and accompanying
papers, copies of which are inclOsed,
as refer to the legal qualifications OF
officers to be elected under the pro-
posed constitution of the State. Of Virs
ginia, and especially upon the qnes-
ton whether persons elected to office
in such State under said constitution,
are required by the supplemental re-
construction act of July 18th, 1867, to
take and subscribe to the prescribed
act, before entering upon the duties OF
their respective Office. The latter
question is the only one indicated with
such distinCtness as to enable me to
be fully satisfied that it's purpOrt is APP
pretended, and confine my answer to
that. By the statue of April 10, 1869,
the registered voters of Virginia were
authorized to vote ON the question of
tho adoption of d constitution for the
State, and at the same time to elect
officers under it, subject to the prOvis-
ions of Congress-. The vote has been
taken in pursuance of the provisions of
Congress. The vote has been taken in
pursuance of the provisions of the act
and the election held, and some parts
Of the constitution submitted have been
adopted by the people and others re,
jected. The parts Of the proposed
constitution thus adopted, if they shall
be approved by Congress. will be the
constitution Of Virginia, under which
all it's officers will be required to act,
and the qualifications as we'll rs the
duties of those officers will be deter
mined by it. When Virginia is restor-
ed to its proper relations to the cOun-
try as State of the Union, its officers
and Legislature will be snch as the
constitution of the State provides, de-
irving their powers from that instlll-
ment, and it will clearly not be in the
power of Congress to impose any re-
quirements of additional qualifications
upon them different from those which,
under the constitution of the United
States, may be required Of NIL States.
If, therefore, any tests were to be i'm
posed upon members of the Legislature
not provided by the constitution Of
Virginia, or any restrictions imposed
upon the people of the State In their
choice of officers, not recognized by it
and not made applicable under the le-
Ultimate powers Of Congress to all the
States, the Legislature and officers
would not, in my opinion, be the Leg
islaturc and officers of Virginia under
the Constitution. / do not see that
Congress can undertake to furnish the
State with q suitable Legislature to
start with, or to exercise any control
over its composition which could not
be exercised over subsequent Legisla-
lures. l am, therefore, Of opinion that
the oath prescribed by the statute OF
1862, and by the statute of July 10,
1867, chapter thirty, section nine, re-
Quired to be taken by all persons ell
ected or appointed to ca..ce al said
military !.ss s--..s nnder any so-calletl
t,uaJe or municipal authority, is not to
he required under the new constitution.
1t does not seem to me that the pro-
visions of this 9th section, which are
applicable to tile government of the
State under military authority, were
Intended to apply to the Legislature
and officers under whom the State is
to be restored to its proper relations
to the Union, and by whom the gov
eminent of the State is to be admins
tered after its restoration. This opin-
ion is strongly confirmed by reference
| to the I'd section of the same act which
authorizes the commander of any dis.
trict named in the act to superccde Of
remove from office, or from the per
for1iiancc Of official powers, any office
or person holding or exercising, or pro
Tossing to hold Or exercise, any civil o.
military Office or duty in said district
under any power, election, appoint
ment or authority derived from, OF
granted by, or claimed under any sp
called State, or the Government there
of, and to detail Il competent officer O
soldier of the army to perform sucl
duties. 1t would be impossible to sup
pose that Congress could intend that /:
Legislature under the constitution of
State could have its members appoint
ed by detail from soldiers Of the ar
my. The only reasonable conclusion
seems to me to be that it was not in
tended that such Legislature should b.
allowed to exact and act until recon
struction was completed, except 70
the limited and qualified purposes re
quisite to reconstruction but, on tn
other hand, / fully concur with TIN
views Of the General commanding il
Virginia, that under the RECONSTRUCTED
acts of Congress no officer or Leyisla
, turc is competent, OF should be pei
mitted to exercise the functions Q
!. power Of his Office within that State
, except SO far as those acts themselve
! provide, without taking the oath wllic
is referred to in the statue of ]SG
! above quoted. The act Of April II
j 1869, requires the Legislature to mct
: mt time which it dcsignates; that
: is to meet implies that it is to com
+ together for some purpose. 1t is n
. quired under the previous law to a,
upon the question of adopting the fl
tecnth amendment to the cOnstitutiO
! Of the United States before the admi
>. sics, If the STATE, tn renresentatiOn