The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1869-09-18
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AfrassvslssfsstsOuNs Aug
-. tseo, n hs Iion, no. 4
Rasilss. sesrstuyv n ifas-siFi I
have She the Honor q acknowledge
tiIefeeeip' Of your lettcfofjuIJ 26th,
1869, In shieh yeu fegues, my
opinion upon so much n the Ines-
tiou Submitted IL The letter
Ihf &c tieueabdpg uehgHl ~ tlt
Fiat Military biarirs isied The
10th inst, and accompanying papers.
copies II which are enclosed, ~ re.
fers to the legal qualifications Of
officers 10 be elected under the pro.
posed constitution II the State of
Virginia, and especially upon the
question whether persons elected to
office IN such State under said con.
stitution are required, by the Supple.
mental Reconstruction Act, Of July
l9fh, 1867, to take and subscribe TO
the oath prescribed or referred to In
sdction nine ofssaid act, before en-
tering upon the duties Of their re-
spectivc offices.
Tho latter question is the only
one indicated with such distinctions
as to enable me to be fully satisfied
that It's purport Is apprehended, and
therefore con6ne my answer to that
by the statute ofApril 10, 1869. The
registered voters of Virginia were
authorized Ito vote on the question
Of the adoption OF a constitution for
the State, and at the same time to
elect officers under it, subject to the
approvalof Congress. The vote has
been taken IN pursuance Of the pro-
visions 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 constitu-
ton thus adopted if they shall be
approved by Congress, will be the
Constitution of Virginia, under
which all its officers will be required
to act, and the qualifications as well
as the duties of those officers will be
determined by it when Virginia is
restored to proper relations to the
country as q State of the Union, its
officers and legislature will be such
as the constitution of the State pro-
vides, deriving their power from
that instrument, and it will clearly
not be in the power of Congress to
impose any requirement of addition
al qualifications upon them. DIFF
| ferent from those which under the
constitution of the United States
may be regarded on all the States, il
therefore any acts were to be i'm.
posed upon members of the legisla
ture not provided by the Constitu
ton of Virginia, or any restriction
imposed upon the people of thu
State in their choice of officers, mo-
recognised by it and not made ap
plicable under the legitimate powers
of Congress to all the States the leg
islature alfi officers would not il
my opinion be the Legislature ant
of6cers Of Virginia under its Con
stitution. / do not see that Con
r gressmen can undertake to furnisl
the State with suitable legislatur
to start with or exercise any contro
over its composition, which coul'
not be exercised over subsequen
Legislatures. | am therefore @
opinion that the oath prescribed b
the statute of 1862, and by tn
statute of July 8, 1867, chapte
80, section 9, required to be take
by all persons elected or appointe'
= to Office in said military district
!. under any so-called State or munit
u ipal authority, is not to be require
u of the new constitution. 1t doc
q not seem to me that the provision
Of this 9th section, which are appl
;, ,, cable to the government of tn
i State under military authority wei
Y intended to apply to the legislatul
le and officers under whom the State
7 to be restored to its proper relation
sr to the Union, and by whom the go,
as ernment Of the Stateis to be admir-
ne istered after its restoration. Tn
opinion is strongly confirmed by
: reference to the I'd section Of IL
10 same act which authorizes the cor
"a y mander ofany district named in Il
4 4 act to suspend or remove from off
~ or from performance Of official po,
y er any officer or person holding