Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1869-09-18

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al. mufninl bY tisn ianhl
ArronxEE GFsEHAts uiu-E
Aua 9Th. irdi
a. ~ Haa j. 1 haa'ias S'rr''''1
~ IIar.
SK.-l have thr honor 10 &C.
know ledge the rrript ~ NunT lr'lri
at July 2Ith, ls1J, in Wh.'h A"u o.
quest NY opinion ul'on - mlrh al
the 1a,sliuns suhmiilri Ice lho lr'
Ter al the Commanding General ~
Ibe First Military District. dated
the 18th inst, AMI accompanying
papers. copies II which are vnrios'dr
a. refers Ia the legal qualifications
nf Ihv officers to be elected under
the prnposvl Constitution oi ihe
State of Virginia, aud especially
upon Ihe question, whether lhe per
sons elected Ia office ia such State
under said Constitution arc required
hy the supplemental roeonslruc''on
nc, of July 18th, 1867, 10 take ahd
subscribe TO the oath prescribed, or
referred la IN section . OF said act,
before entering upon the dates OF
shcir respective Offices
The latter question Is the only
one indicated with such distinctions
a. Ia euablc mo to be fully satisfied
that lis purport is apprehcnded' ana
| coniine nay answer TO that, IVY
the statute Of April 10th, 1863, the
registered voters OF Virginia were
authorized to vote on the question
of the adoption ofa Constitution Tor
,ho State. aud nj the same time elect
officers under il, subject TO tho pro
visions of Congress, The vote has
been taken in pursuance OF the pro
visions of the net and tho election
held, and some parts of the Constr,
tuition submitted have been adopted
hv the people and others rejected
Ihc parts of the proposed constitn'
ton of Virginia, under which all It's
officers will be required TO net, aud
the qualifications rs well as the dn
ties of those officers will be dotcr-
mined by it,
When Virginia is restored to its
proper relations TO the country rs q
Stale of the Union, its officers and
legislature will be such us the con-
s,itu,ion of the State provides, do
irving their power from that instru-
mcnt of additional qualification up
on them different from those which,
under the Constitution oftho'united
States may be required in all States.
II, therefore, any test were to be
imposed upon the members OF the
legislature, not provided by the con-
stitution of Virginia, or any restric-
ton imposed upon the people of the
State in their choice Of officers, not
recognized by it and not made ap.
plicablc under the legitimate pow
ers of Congress to all the States, the
legislature and officers of Virginia,
under its constitution, l do not see
that Congress can undertake to fur
nish the State with suitable legis-
laturc to start with, or to exercise
any coutrol over its composition,
which could not be exercised over
the subsequent legislature.
am therefore Of the opinion that
the oath prescribed by the statute
of 1869, and by the statute Of July
10, 1867, chapter 30, section. Gre
CURED to be taken by all persons
elected or appointed to office in said
Military District, under any so call
cd State or Municipal authority is
MOTT to be required Of the new con-
stitution. 1t docs not seem to me
that the provisions of this 9th sec
ton which are applicable to the
government of the State under mil
itary authority were intended to
apply to the legislature and officers
under whom the State is to be re-
stored to its proper relation to the
Union, and by whom the govern
mcnt of the State is to be admins
torod after its restoration. This
opinion is strongly confirmed by a
reference to the second section, of
the same act, which authorizes the
commander of any district named
in the act to suspend or remove from
office, or from the performance Of
official power, any officer or person
r holding or exercising or protesting
to hold or excl else any civil or mil
iLary office or duty in said district,
under and power of election, ap-
pointment or authority derived from
or granted by or claimed under any
80 called State or government thero
of and to detail competent officer
or soldier Of the army to perform
such duties.
1t would be impossible to suppose
that Congress could intend that the
legislature under the Constitution
of State, could have its members
appointed by detail from soldiers
of the army. The only reasonable
conclusion to me, seems to be that
it was not intended that such Leg.
islature should be allowed to exact
and act until reconstruction was
complete, except for the limited and
qualified purposes requisite to re
construction, bat on the other hand
fully concur with the views of the
General Commanding in Vir-
ginia, that under the Reconstruc.
ton Act of Congress, no officer OF
Legislature is complete or should
be permitted to the exercise of the
functions or power of Office within
that State, except so far as those
acts themselves provide, without
taking the oath which is referred to
in the statute of 1867 above quoted
The act of April 10, 1869, requires
the Legislatureto meet at a time
which It designates that it is tc
meet implies that it is to come TO-
,rether for some nnrpose. 1t is re