Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-09-10
BY TELECRAPH
Attorney Gtnelai Hear. Dr.ntuRt

RICHMOND. Va, Sept. 4-Auon.
The roll1wlug Is Attorney General Hua,'s npii.-
ION az secelvad this morning by Cen Grnby
ATTORNEY GENERAL'a OFFICE,
August 31th 1869.
iuN. JOBN a. RAWLlNs, Secretary nf War.
hT have the honor To acknowledge The ro,
capt OF your letter Of July 9Th 1863 IN which
you rr'l'Ieat my opinion II Upon much of the
questions hnbmlttei Iii the letter oil the Com
mat"i!hg General OF the frs; Military District,
datad the 10th instant, AMI accompanying pa
pera. copies OF which ara closed. as refers to
tho legal qualifications of officers to be elected
under the proposed Constitution of the State of
Virginia, AMI especially upon tho question Wheth-
er PERSONS elected to office in such state under
said Constitution arr required by the supplement
tai reconstruction act OF July 18th. 1867, to take
ana subscribe ia the oath prescribed or referred
to IN section OF said act before ehteIing upon
the duties OF their respective Offices. The lat
ter question Is the only one Indicated with such
dlstlnctness as to enable me to be fully satisfied
that lts purport Is apprchended. and I therefore
contne my answer to that. BY the statute of
April 10th, 1869, the registered voters of Virginia
were authorized to vote on the question of the
adoption OF a Constitution for the State and at
the came time to elect officers under it, subject
to the approval OF Congress, and 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 rejected The parts OF the pro-
posed constitution thus adopted, if they shall be
approved hy Congress, will be the constitution
OF Virginia under which all it's OH GERS will be re-
CURED II act, and the qualifications as we'll as
the duties OF those officers will be determined by
it. When Virginia is restored to it's proper rela.
tions to tho country state OF tbs Unlon, the
officers and |; gslature will be such as the Uon.
stlu ton OF the States provides, deriving the pow
ers from that instrument, and it will clearly not
be III the power of Congress to impose any re-
quirement OF additional qualifications upon them
different from those which under the Constitu-
ton OF the United States may be required in all
the Btatee. 1t, therefore, any tests were to be
imposed upon members of the Legislature not
provided by the Constitution of Virginia, or any
restriction imposed upon the people If the state
IN their choice Of officers not recognized by it,
and not made applicable under the legitimate
powers OF Congress to all the States, the Legsla-
ture and officers would not in my opinion, be tho
Legislature and officers OF Virginia under it's Oon-
do not see that Congress can nnder. |
take to furnish the State with suitable Leglsla-
lure To start WITH or to exercise any control over
ts composition which could not be exercised over
by subsequent Legislatures. l am therefore of |
opinion that tho oath prescribed by tho statute
1867, and the statute OF July 10Th. 1867, chapter
3D. section 9, required to be taken by all persons
elected or appointed to Office in said military dis
ricts under any so called State or m municipal au-
horlty," ls not to be required of the officers OF
The State OF Vir ginia or members of the Legisla-
ure elected under the new Constitution. It does
lot seem to me that the provisions of this ninth !
section which are applicable to the government !
If the statute under military authority were in
ended to apply to the Legislature and officers
lnder whom the State is to be restored to it's pro-
Der relations to the Union. and by whom the Gov
eminent OF the State Is to be administered after
IS restoration. This opinion is strongly con-
irmed by reference to the second section of the
ame act. which authorize the Commander of
my district named in the act, "to suspend or re-
move from the performance OF official powers any
ulcers OF person holding or exercising or pro.
esslng to hold or exercise any civil or military
'fiCe or daty in said district, under any power,
lection, appointment Or authority derived from
u granted By or claimed under any so called
Itate or the government thereof" And to detail
competent officer or soldier of the army to Der
orm such duties, 1t would be impossible to sup
'ose that Congress could intend that Leeisla.
IRE under the Constitution of q State could have
ts members appointed By detail from soldiers
i she army. The only reasonable conclusion
GEMS to me to be that it was not intended that
ny such Legislature should be allowed to exist
nd act until reconstruction was completed, eS-
ept for the limited and qualified purposes Iequi-
tie to reconstruction But N the other hand
ally concur with the views OF the General Com
handing in Virginia. that under the RECONSTRUCT
ON acts Of Congress-, no officer or legislator is {
ompetent or should be permitted to exercise any {