The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-04

Opipion Of Attorney-GeneraI HOaF-His Deci-
sion Relative to the Test Oath and the Per-
sons Elected under the New Constitution.
RICHMOND, Sept. 4.-The following is Attorney
General Hoar's opinion, received this morning by
ATTORNEY GENERALS OFFICE, Aug. 2s, 1s69.-To
the Hon. John A. Rawlins, Secretary OF War
Sir:-I have the honor to acknowledge the receipt
of your letter of July q, 1862 in which you request
my opinion upon so much Of the questions SUD
mtted in the letter OF the commanding general Oh
the First Military district, dated the lOth instant
and accompanying papers, copies of which are en-
closed, as refers TO the legal qualifications OF Ohcers
to be eected under the proposed constitution OF the
state of Virginia, and especially upon the question
whether persons elected to Office IN such state,
under said constitution are required by the
supplemental reconstruction act of July 10, 1867, TO
take subscribe to the oath prescribed or referred
to in section of said act before entering upon the
duties OF their respective Offices The latter question
is the only indicated with such dstnctness as TO
enable NE to be fully satisfied that its purport is
anprehended, and therefore cOniine my answer to
that BY the statute of April TO- 1869, the registered
voters OF Virginia were authorized to vote on the
question of the adoption OF constitution IOr tne
state, and at the same time TO elect oCers unuerlt
subject to the approval of Congress. The vote mas
and the election held, and some parts OF the Const-
tuition submitted have been adopted by the people
and others rejected The parts of the proposed Con-
stituton 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
is restored to its. proper relations
to the country as State Of the Union, its officers
and Leg gslanrc will he such the Constitution of
the State provides, deriving their powers from that
instrument, and it will clearly not be i'll the province
of Congress To impose any requirements OF addi-
tonal qualifications upon them different from tlOse
which under the Constitution OF the United States
may be required in all the States IT. therefore, aay
tests were to be imposed upon members OF the legS-
lature, not provided 10y the Constitution Of Virginia,
their choice of oeoTs not reeonIed by M and not made
applicable under the egitmate p2%ss of G29gres TO all
opinion be the diegsaturo and Officers OF ~ HHgi9a
grSss can underaEe to furnish the state
with suitable onGturs to start with or & e6er ,lse y
over subsequent gisatures am, therefore, Of the
% By the @ Of of July t. 1861 ShoPof apt 3d. ssetdo
n TO & n by is nnSsr g or oRed State
authority, be required of the officers
elected % under the new CcHsStoS It does not seem
peabe to 0l S9s Of the military
authority were intended 70 apply 10 the Legislature and
proper relations to the Union and by whom the govern
tion This opinion is strongly confirmed by a reference
to the second section OF the same act which
suspend or fom office from the performance
szsFSsns p5ofsssSg 69ld SsTSiss any civil
granted by claimed under any socaed state the
soldier 9f the army to perform such duties, It would be
legislature under the Constitution Of State could have
its members appointed by detail from soldiers of the
The only reasonable conclusion seems to me to be that
allowed to exist and act until reconstructed and cou.
peted, except for the limited and qualified purposes
quiste reconstruction. But the other hand fully
concur with the view of the General commandng IN Vlr.
gnia that under the reconstruct acts Of Congress- nc
officer Legislature is should be permitted
to exercise of the functions power of his office
within that State except far these acts themselves
taking the oath which referred the
statute of 1867 above quoted. The act of April TO- 1859 70
qures the Legislature meet at time which II desg
naesthat is, to meet implies that it is to come together
| for some purpose
required the previous law to act upon the
question of adopting the fourteenth amendment to the
Constitution of the United States before the admission o
the State to representation in Congress- am of opinion
| therefore,
gress shall have approved the Gonstitu
| tion and the action under it, and shall have
restored the State its place in the Union by
cognizng its form of government republican, and ad
mtng it to representation, the Legislature not eni
tied and would not without violation of law be allowed to
transact business act resolve. under
take to assume any other function of legislature the
test oath has not been required of its membres under the
constitution, and that officer elected under the
constitution enter the duties of his Office
without king the oath while military government
| tinues. Very respectfully, E. r. HOAR,
| Attorney General.