New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-09-06
AIInnYFr.GFNrnlL's OFrICE.

Attorney General Hoars opinion, received this morning
y ATTORNEY. GESTRhLs OFFICE.
WASHINGTON. Aug q, 1883
To the Hon John 4. Ra'ciins, Seerstnry Of Var, SIR
Ihave tho honor to acknoTiedge inc receipt OF your
upon so much OF the questions submitted In the letter
OF the Commanding General Of the First Military Dis
trict dated the 10th irst and accompanying papers
copies OF which nCoscd refers to the legal quail
stuon Of the State OF Vgiua; and especially upon the
question whether persons elected TO office In such state
snder said Constitution, are rG9GSd ~ Tn nf 5up id
subscribe the oath pescbed or referred TO In section
du.ies Of their cir respective oiccs' The lat
ter question is tito only one indicated
fed that its purport IS opprehendedi and therefore
conhne answer TO that ny the statute OF April TO-
vote the question OF the adop Of CONSTITUTION Tor
the State and at the same time, 10 elect officers under H.
subject TO the approval OF congress Inc e,e,oh mas
and parts Of the Constitution submitted have been
sS S h Sas s
approved by Congress- will DO the Constitution OF Nir
s na Ss a. %e as the aus Of "
officers will be determined by II. When Virginia isre
the Union its officers and Legislature will be such ~ the
Constitution Of the State the powers
from that instruments and II will clearly not be In the
tionai qualifications upon them different from those
be required In oil tho States H. therefore any test,
10 be imposed upon membeTS OF the legislature
stricon imposed upon the people OF the state In their
plicabe under the legitimate powers OF Congress ~ AL
the States the Legislature and officers would NOT IN
opinion be the Legislature ana oce OF virginia under
take 10 furnish the State with suitable Legislature 10
start with, or to exercise any control over lt compo
legislatures. am therefore OF opinion thai the oath
prescribed by statute OF 1862 aud by the statute OF
by all persons elected or appointed TO ONCE IN the said
military districts under any sOcalled state or municipal
State OF Virginia or members OF the Legislature elected
the provisions Of this ninth section which applicable
the government OF the State under military authority
we're Intended to apply to the Legislature and officers
under whom the State u DO restored to It's proper
relations to the Union, and,by whom tho Government of
the State TO be administered after its restoration
Tins opinion strongly confirmed by reference to the
second section Of the same act which authorizes the
commander Of any district named IN tho act TO suspend
from Office or from the performance OF official
powero any officer or person holding or exercising or
protesting TO hold or exercise any civil or military oce
duty In said district under any power election ap
pontment authority derived FROM or granted by.
claimed under the socalled State or the Government
thereof and detail competent olcer or soldier OF the
army perform such duties 1t would DO impossible To
under the constitution OF State could members
appointed by detail from soldiers OF the army. The
conclusion to me 20 be that was not
intended that such legislature should be allowed 70
exist and act until Reconstruction was completed except
Sr ns S Sna ON tine other sSd y
cur with the view OF the General Commanding
III Virginia that under the Reconstruction acts OF Con-
gress officer legislator Ia competent should be
permitted to exercise OF the functions power Of
his Office within that State except far those acts
Themselves provide without taking the oath which
erred to In the statute OF 1861 above quoted The act OF
April TO- 1862 requires the Legislature to meet at tins
which IL desgnates; that 1t Is to meet impes that IL
TO come together purpose s required under
previous law 10 act upon the questioned adopting the
Fourteenth Amendment 10 the Constitution OF the United
States before the admission Of the State TO representation
in Congress. I of opinion, therefore, that II may
together organize, ard act upon that amendments
but that until Congress shall have approved the Const
tuition and the action under It, and shall havo restored
the state TO Its proper place In the Union by re-
cognzing its form of government "a republican,
and admitting 1t 10 representation, the Legislature IL not
entitled and could not, without violation OF law be al
lowed 20 transact business any act resolve
undertake 10 assume any other function OF Legsa
ture II the test oath has not been required OF It's
bers that officer elected under the Consttn.
ton upon the duties OF his Office without tax.
ing that OATH While the military government continues
Very respectfully, f. H. HoAR, Attorney General