Evening star., 1869-09-04
TELEGRAMS TO THE STAR.
This Afternoons Dispatches.
THE VIRGINIA TEST OATH.


Attorney General Hears Opinion in Full.
RICHMOND, Sept. i-The following is the
opinion Of Attorney General Hoar, received
this morning by General Candy:
ATTORNEY GENERALS OFFICE, August 2s,
1s69.-Io bts Hon. John Il. Rasctins, Secretary of
War-Sir; have the nonor to acknowledge
the receipt of your letter Of July 27th, 1869, IN
which you request my opinion upon so much
of the questions submitted in the letter OF the
Commanding General of the First Military
Dlririct, dated the 10th instant, and aCcompa-
nylng papers, copies OF which are enclosed, as
TO the legal qualifications of officers be elect.
ed under the proposed Constitution OF the
State of Virginia, and especially upon the
question whether persons elected to osice in
such State under such Constitution are re-
quired by the supplemental reconstruction act
of July l9, 1s67, TO take and subscribe TO the
cath prescribed or referred to In section OF
said act, before entering upon the duties OF
their respective offices.
The latter question is the only one indicate
withsuch distinctness as to enable me to be fully
satisfied with its purpose and apprehended,
and therefore confine my answer TO that
BY the statute of April IL, 1869, the registered
voters CT Virginia were authorized TO vote on
the question of the adoption of q constitution
for the State snd at the same time TO elect off,
GERS under 1t, subject to the approval Of Con-
gress. The vote has been taken in pursuance
OF the provisions of the act and the election
held, and some parts of the constitu-
ton submitted have been adopted by the
people and others rejected. The parts OF
the proposed constitution thus adopted, il they
shall be approved by Congress, will be the
constitution Of Virginia. under which all its
officers will be required to act, and the quail
hcations as well as the duties of those OH GERS
will be determined by it. When Virginia Is re-
stored to its proper relations to the country a s
a State OF the Union, its officers ard l. 'gIsla =
lature will be such as the constitution of the
State provides, deriving their powers from
that instrument; ard it will clearly not be iu
the power OF Congress to impose any reauire- :
m Of
different from those which, under the Con sti :
tuition OF the United States, may be required in
all the States. Ii, therefore, any tests were to
be imposed upon members OF the Legisla re
not provided by the Constitution of Virgin a,
or any restrictions imposed upon the people
Of the State in their choice Of officers not re
oenized by It and not made applicable under
the legitimate powers Of Congress to all the
States, the Legislature and officers won Id NOT,
III my opinion, be the Legislature and officers
OF Virginia under the Consultation. do not see
that Congress can undertake to furnish the
State with a suitable Legislature TO start with
or 10 exercise any control over its composition
which could not be exercised over subseu uepi
Legislatures. am therefore of opinion that
tue oath pres crit Q 1 by the statu Of 1o62, and
by the statute of July 10, 1867, chap. 81, sec o
required 10 be taken by all persons elected or
appointed to ONCE in ssid military district
under any so called State or municipal author.
lty, is not 10 be required of the officers o,
the State OF Virginia or members of the LIE.
gislature elected under the new constitution
IL does not seem to me that the provisions OF
TINS ninth section, which are applicable to the
government of the State under military an
thoTity Were intended to apply to the LegisIa.
ture and officers under whom the State is TO be
ana by whom the government of the State 5
to be administered
This opinion Is strongly confirmed by a refer
enee to the second section of the same act,
which authorizes the commander Of any dis
trict named IN the act u suspend or remove
from office or from the performance of official
sn1 or any Ssr Sr SdS hSdns
any civil or military office or duty
IN SAID district under any power
election, or appointment, or authority derive d
IRON or granted by or claimed under any So
called State, or the Government thereof, and }
detail competent officer or soldier TO perform
II would be impossible to suppose that Con-
less could intend that a Legislature under the
constitution of a State could have its members
appointeo by detail from soldiers of the
army. The only reas enable conclusion seem 8
To me 10 be thI il was not intended that any
such Legislature should be allowed 10 exist
and not un'll reconstruction was completed,
except Tor lue limited and eqndlified purpos as
requisite TO reconstruction. But, on the other
hand, tally concur with the view of the Gen.
eral commanding In Virgins, that under the
reconstruction acts OF Congress no officer or
legislator is competent, or should he permitted
TO exercise any OF the functions of power of his
office within that State, except so tar as these
acts them-elves provide, without taking the
eighteen hundred and sixty seven above quoted.
Inc act OF April lO, 1862 requires the Legsla.
ture to meet at a time which il designates: that
it is 10 meet implies that ii is to come toret ther
tor some purpose.
1t is required, under the previous law, To p ct
upon the question OF adopting the fifteen II a
amendment to the Constitution OF the United
States before the adml lssion of the State to rem.
resentation in Congress. l am of opin,op
therefore, that it may come together, organize.
and act upon thai amendment, but thai
until Congress shall have approved
the constitution and the action under
IL, and shall have restored the STATE
20 It's proper place in the Union by recor.
niZlng its form OF government as republican,
and admitting it TO representation; the l.eeisIa
tnre is not entitled, and could not, without ylo.
tation of law, be allowed to transact anv bu .
ness, pass any act or resolve or undertake to
assume any other function of a Legislature. n
the test oath mas not been required OF its me m.
tersi and that no officer elecied under the new
constitution can enter upon the duties of his
office without taking the oath, while the mill.
'ary government continues.
Very respectfully.