The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-09-09
THHE VIRGINIA -
orrsros OF ArTonSn, .orv

OPINION or ATrORNEY.crv
RIcHMOND. Va. Sent. IN
Is Attorney General lioar's or',' lYl1F J
cd this morning By Con. Canbv pei
ATTORNEY GEsrrAr's os.
~, " A'"iNgioN, Aug 2s i.@.
Secretary ~
SIR; ! have the honor OBJ artr,,.,
receipt OF your letter Of Iulv ~ nH
which you request my opinion n, PSI
OF TIE question submitted iu I.n
Commanding General OF the AZ,
District, dated the lOth inst. ami .ii..r
nying papers, COPIES Of which nrss
as refer 20 tie legal qualification. 4.
% DO clceled uuuer thc proposed
ton OF the state oi virginia aud p...
upon the question whether pcr.5.
10 Office Ia such State under saII
ton are required by The .ubpio,,,.
construction act OF July 10. lsi5 f-,.. A.
subscribe 70 the prescribed oath At
in section nine Of said act before .a
upon the duties Of their rosuerfIq. -s
The latter question D. The onlv or. 'l.-,
with such distlnctness as 90 enable r-
fully satisfied that its purport !. sbl-...
ed, and ] coniine my answer t
the statute Of April To- ls01 thc ra.
voters Of virginia were authOrJsIt
on the question OF thc adoption 0f+
tuition for the State, and ed tho mon.
elect officers under Ia, subject TAI I'M. l
sions OF Congress. The vote Aa. e..
la pursuance of the provision. 5f Il
and the election held aud some u.r,
constitution submitted have boon
bv the people, and other. rri.rt.i
parts of the proposed pOu-r,st..
adopted, VI they shall he approved b.
gress. will be thc constitution of NJ
under which all its officers wiII 4.
10 act, and the qualification a.. We.
duties of those oiliccrs, VIII 5e lt,.r-
by L.. When \ irgiuia J, Restored
proper relation tO the countr, s.
OF the Union, its officers and Ln,.
will be such as the constitution of n'
provides, deriving their power ~.
Instrument, and 10 VIII clearly u0f I..
power at Congress 20 impose any e..
mcuts OF additional QuulIucat6r.
them different from those which MN
Constitution Of the United State. IN.
required Of All States.
IL, therefore. any tests were tobn....
upon members of the Legislature
vided by the constitution OF Mira Z
any restrictions imposed upon tbers
the state la their choice OF Uiicpr. nH
cogniled by t. and not made ab..
under the legitimate power Of Cons-.
all the States, the Legislature and M.
would not, IN my opinion, bt ue f.
ture and officers of Virginia under N. T..
stitutiOn. DO not see Chat fuHgfa.
undertake tO furnish the State Wim4..
he Legislature % start with. or i0tya.
any control over BIS competition h
could not De exercised over .ub
Legislatures.
am. therefore, Of opinion tlat ut.
prescribed by the statute of 1862
the statute Of July I'D, 1867, ehaptrf8.
tiOn %, required 90 bee taken by aI -
elected or appointed to office in sa.dH....
districts, under any a0-Cullcd 0fatcofr.
cipal authority j. not to br required mn
the new constitution. a. doe boo ar.
me that the provisions OF thIs Jth NM
which are applicable o. the goyrmurr
the State under military authorly.Ber
tended 10 apply % the Legislature On. /.
Hccrs under whom thc State b. t0 be- H..
ed IN IT, proper relations to t,.r Union
by whom the government of thc slb..
be- administered after its restoration.
This opinion Is strongly confirmed
reference 10 the second section 90 the n
act. which authorize thc cummludeIo..
district named Ia the ACC to superodg
move from office or from the perform
ing or protesting tO hold on exercise
civil or military Office or duty DO The II
district, under amy power, election apH
ment, or authority derived from Or ea
by or claimed under amy su-paliCd suls
tile government thereof aul t0 dH
competent officer or soldier Of thpHm
perform such duties. 10 would hr lmr
Bile 20 suppose that Congress could ,e
that "a Legislature under the constitutes
a state could have H. members apo
by detail from soldiers Of tle army
The only reasonable conclusion 0u
me 10 be that 10 was not intended tHl.
Legislature should be allowed tO cAu.
oath until reconstruction was p0mra
except for the limited aud qualified
poses requisite 10 recousirueiiUH bHtmm
other hand. ! fully concur with thoEW
the General commanding lu Virginia L..
under the reconstruction acts 0f tHHEH
no officer or legislature e competent H
should be permitted 90 exercise ut H..-
tions or power Ofhis Office within uH rsu
except SO tar as those nets thrmscItu Ws
vide, without taking thc oath which s H
terrcd 20 in the statute Of 1867, ubuyeQu
The act Of April 10th, 1863, require
Legislature 10 meet no "a time which IN Der.
mates that IL g. 70 meet implies that Do FL.
come together for some purpose. ltrr
quired under the previous law fo aet H.H
the question Of adopting the 18Th amea.
mcnt TO the Constitution OF the United aal
before the admission Of the State tO fHIH
sentatiOn in Congress. ] ana of opa0
therefore, that it may come together OHE
We and act upon that constitution butte.
until Congress shall have approved tItu
stitutiOn and the action under &c. and
have restored the State 90 Be- proper U
In tie Union by recognizing it form
government as republican and udmifGH.
TO representation, the legislature u0t .
titled, and could not without violation
law, be allowed 10 transact amy bu-Ho
pass any act or resolution, or undertake
assume any other functions OF "a lpeis.atH
III the test-Oath has not been required q,
members, and that no officer elected H"
the new constitution, can enter upon D
duties Of his office without taking the oI
while military government continue,
Very respectfully,
j.. r.. HOAn, Attorney GpHcr.
RIcHMoND, Sept. i,-Gcn. Candy SSH .
sue n proclamation Of election about n
10Th inst. lie isdelaycd by disputed rotun
from one county. State oniccrs WiI. bg j.
stalled on the assembling of che LogIsla.N0
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