The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1869-09-15
Attorney General Hoar's Opinion in Re-
gard to the Test Oath in Virginia.

RICHMOND, September f.
The following is lloar's opiuion, re-
ccived this morning by Gen Candy
ATTORNEY GENERAL's OFFICE,
WAsnINGroN, d. G., Aug 30, 1869
u lion. John Il. Rao'i"s, Secretary Of
lYw:
SIR have the h,nor to acknow-
ledge the w."I,, II ypur letter Of,
Juiy II, 1869, Ii %hioh you request
my urluinu tppu ~ mach Of the ulcs-
uo"s @'.hn,ttcd ~ the letter ot the
Commanding General o. the First
Military D'S:iso,, dated l0'h inst,
and accompanying papers, r"pie> Of
which are enclosed, Is ,ctcrS o. the
legal qualifications Of officers to be
elected under the proposed Constitu-
tion of the State of Virginia, and es-
Necially upon the question whether
persons elected TO ofii;e in such State
u ulder the said Constitution are re-
quired by the suppl.men'al R.cpn.
structioa Act of July 10, 1867, 10
take and subscribe the oath prc<c,ib
cd or referred to Section of said Act
before entering upon tho duties of
their respective Offices. The latter
question is the only one indicated with
such distinc' n,ss as to enable me to
b, fully satisfied that its purport is
apprehended, and l propose to confine
my answer to that. BY the statute Of
April 10, 1869, the registered voters
\of Virginia were authorized to vote
on the question of the adop'ion of q
Constitution for the State, and at The
same time to elect officers under ii,
subject to the approval 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 Tho proposed
Constitution thus adopted, if they
shall be approved by Congress, will
be the Constitution of Virginia, un-
der which it's officers will be required
t9 act, and the qualifications as we'll as
Mo duties of these officers will be de-
termined by it. When Virginia is re
stored to its proper relations to the
oVuhtI 40 otuVo VI lu0 OHlOuS lCS
officers and Legislature will be such
as the Constitution Of the State pro-
vidcs, deriving theirn powers from that
instrument; and it will clearly not be
in the power Of Congress to impose
any requirement of additional quail.
fications upon them "a ifforent from
those which, under the Constitution OF
the United States, mayb be required
in all other States. " Ej"s ia'E'2H
If, therefore, any tests were to be
imposed upon members Of tho Lcgis
>St}turo not provided by the Cohstitu,
zion of Virginia. or any restraint i'm
posed upon the people Of the State In
their choice of the State in. thcil
choice Of officers not recognized by It
and not made applicable under tho le
gitimate powers Of Congress- to all the
States, the Legislature aud officers
would not, infnygopinion, iben tho lie
glslatufe and officers of Virginia un
der, it's Constitution. LIDO not see thai
Congress, can undertake to furnish the
State with suitable Legislature tt
startiwith, or to exercise any contro
it's position which could no.
be exercised over subsequent Iegis
latures. / am, therefore, of the opin
ion that the oath prescribed by tht
statute of 1862, and by Che statute o
July 10, 1867, Chapter 80, Section 8
required to be.takenby allrperson
elected or appointed to office in sai |,
Military Districts, under'any SO callef
STATE or municipal authority, is not t
be required of tho differs Of th.