Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1869-09-10
VOL. Y.

the constitution submitted have been ndor
ted by the people, aud others rel cted
The parts of the proposed consultation
thus adopted, if they shall be approved by
Congress, will be the Constitution of Yir.
! gina, 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 il
Whe1 Virginia is restored to its proper
relations to the country as State of the
u6ion, its officers and legislature will be
such. as the constitution of the State pro-
vides, deriving their powers from that instru-
ment, aud II clearly will not be In the power
of Congress to impose any requirement of
additional qualifications upon them, differ
ent from those which, under the constitu-
ton Of the United States, may be required
in all the States.
IL, therefore, any tests were to be imposed
upon members of the Legislature not pro-
vided by the constitution Of Virginia, or any
restriction imposed upon the people Of the
STATE in their choice of officers not recor-
nizel by 1t, and not made applicable under
the legitimate powers Of Congress to all.lhe
States, the legislature and officers would
not, in my opinion. be the legislature and
officers of Virginia under its constitution
do not see that Congress can undertake
to furnish the State with a suitable legisla-
ture to start with or to exercise any control
over its composition which could not be ex
ercised over subsequent legislatures. am,
therefore, of opinion that the oath prescribed
by the statute of 1862, and by the statute
OF Ju'y 10, 1867, chapter 30, sectiln 0, re-
quired to be taken by all persons elected or
appointed 10 office in said Military District
Under any so-called State or municipal
authority Is not to be required of the officers
of the State of Virginia or members of the
legislature elected under the new Constitu-
ton.
Ii does not seem to me that the provisions
OF this 9th section which are applicable to
the government of the State under military
authority wee intended to apply TO the
Legislature and officers under whom the
State is to be restored to its proper rela.
tions to the Union, and by whom the gov
ernment of the State is to be administered
after its restoration.
This opinion Is strongly confirmed by n
reference to the "a section Of the act, which
authorizes the commander of any district
named in the act to suspend or remove from
Office or from the performance of official
powers any officer or person holding or ex-
ercising or processing to hold or exercise
any civil or military Office or duty in said
district under any power. election, appoint
ment or authority derived from or granted
by or claimed under any SO. called State or
the government thereof, and to detail com
petent officer or soldier of the army to per-
form such duties.
1t would be impossible TO suppose that
Congress could intend that a legislature
under the constitut on of State could have
its members appointed by detail from
soldiers of the army.
The only reasonable conclusion seems TO
me to be that it was not intended that any
such Legislature should be allowed to exist
and act until reconstruction was completed,
except fr the limited and qualified purpo-
srs requisite to reconstruction. But on the
other hand fully concur with the views of
the General Commanding ia Virl mia, that
under the Reconstruction Acts of Congress
no officer or legislator is competent, or
should be permitted to exercise any of the
functions or power of his office within the
State. except so far as the r acts Themselves
provide, without taking the ath which is
required in the statute Of 1867, above
quoted. The act of April 10, 1869, requires
the legislature to meet nt time which it
Sesignates; that it is to mce. implies it is
1t is re luired under the previous law to
act upon he question of ad pting the 5th
amendmei 1t to the Constitution Of the United
States bef IRE the admission Of the State to
representation TO Congress.
am Of opinion, therefore, that it mnst
come together, organize and act upon that
amendment but that until Congress shall
have aPptoVed the Constitution and the
action und;r il, and shall have restored the
State to its proper place in the Union, by
recognizing its form of government as Re-
publican, and submitting it to representa-.
ton, the Legislature is not entitled and could
rot, without violation of law, be allowed
to transact any business, pass any act or
resolve, or undertake 10 assume any either
functions of leg stature if The test oath has
not been required OF IT'S members, and that
no officer elected undcr the new Con'titu'
ton can enter upon the duties Of his Office
without taking the oath while the military
government continues.
Very respectfully,
L. r. H0AR,
n al