The New York herald., 1869-09-05

ing. The weapon used was seven shooter. Sny-
guard, despite his resistance and endeavOrs to
the weapon, two barrels OF which were Sill loaded.
Carter was q married man.
VIRGINIA.
-->~oo~Iooooooooooo.
The Test Oath Question-Opinion Of Attorney
General Hour.
RICHMOND, Sept 4, 1859.
The following is Attorney General Hoar's opinion
received tins morning by General Canby:-
ATTORNEY GENERALS OFFICE,(
WASHINGTON, August 2S, 1869.
To the Hon. JOHN A. RAwLINs, Secretary Of War;
OF your letter OF July 27, 1859, in which you request
my opinion upon SO much OF the questions sub.
Of the FIRST Military bsrc Sns datsd inc 10th
inst, and accompanying papers, copies Of
posed constitution Of the State Of Virginia; and
especially upon the question whether persons elected
TO ONCE In such STATE under said constitution.
required by the supplemental reconstruction act OF
July 49, 1857 to take and subscribe to the oath pre-
scribed referred to in section two OF said act be-
fore entering upon the duties or their respective
Oficesn
The latter question Is the only one indicated with
such distinctness to enable me to be fully salts
fed that It's purport is apprehended, and there
fore connne my answer to that.
voters OF Virginia were authorized to vote on the
question OF the adoption OF constitution for the
State, and at the same time to elect officers under
It, subject to the approval Of Congress- The vote has
been taken In pursuance OF the provisions of the act
and the election held, and some parts OF the cOnstt
n have e Sy sa
stituton thus adopted, they shall be approved by
Congress- VIII be the constitution OF Virginia, under
to %'''a act, " ana IL the Qualifications as well
as the duties OF these officers will be
ny IT. M @ Nsna conay Is m sa d 10 t
Union its officers and Legislature Will be such the
constitution OF the State provides, deriving their
powers from that instrument, and 1t will clearly not
be in the power OF Congress TO impose any require
ment Of additional qualifications upon them DIFF
ferent from those, which. under the constitution
the States. II, therefore. any tests were to
be imposed upon members OF the Legislature
not provided by the constitution Of Virginia, any
restriction imposed upon the people Of the State III
their choice Of officers, not recognized by 1t and not
grcss to all the States, the Legislature and officers
would not in my opinion. be the Legislature and
officers Of Virginia under Its constitution l DO not
with suitable Legislature TO start with or to exer-
else any control over Its composition which could
not be exercised over subsequent Legislatures.
l am therefore OF opinion that the oath prescribed
by the statute OF 1852, ana by the statute OF
July 10. 1867 chapter 80, section 8, re-
CURED to be taken by all persons ''elected or ap-
pointed TO office In the said military districts under
any so-caed State or municipal authority" Is not
to be required Of the officers OF the State OF Vlr
gina, or members OF the Legislature elected under
the new constitution. 1t does not seem TO me that
prOVlSlOlS
cable to the government Of the State under military
authority were intended to apply TO the Legislature
and ofncers under whom the state Is to be restored
to its proper relations to the Union, and by whom
the government OF the State Is to be administered
alter Its restoration.
This opinion Is strongly confirmed by reference
to the second section or the same act, which aItho
rlzes the commander Of any district named In the
PERFORMANCES Of otciaI powers any oficer or person
holding or exercising or processing TO mold or exer
else any civil or military office or duty in said dis
trSnF lnr Nnnf nn
authority derived from or granted Dy or claimed
under the socaled State or the government thereof
and to detail competent officer or soldier OF the
army to perform such duties. 1t would be impossible
TO suppose that Congress could intend that Legls-
~ nsmnsrs snDo,nted bv detail rom soaers Of
the army. The reasonable conclusion seems TO me
to be that II was not intended that any such Leglsa
turo should be allowed to exist and act until recon-
struction was completed, except for the limited and
qualified purposes requisite TO reconstruction;
with the view Of the General Commanding
in Virginia; that under the reconstruction acts or
Congress no oflcer or legislator Is competent, or
should permitted to exercise any OF the functions
or power Of his oflce within that State except so
far O. those acts themselves PROVIDE without taking
above quoted. The act OF April TO- 1se0 requires
the Legislature to meet at time which it desig-
mates. That 1t is to meet implies that 1t IS to
come together for some purpose IL Is required
under the previous law to act upon the question Of
adopting the fifteenth amendment to the cOnstitu-
ton Of tue United States before the admission the
State to representation In Congress.
am Of opinion therefore, that 1t may come to-
gether, organize and act upon that amendment; but
that until Congress shall have approved the constt-
tuition and the action under It, and shall have re.
stored the state to Its proper place IN the Union by
and admitted it to representation the Legislature Is
not entitled and could not, Without violation Of
law. be allowed to transact any business pass any
act, or resolve or undertake to assume any other
function OF Legislature II the test oath has not
been required OF It's members; and that no ofncer
elected under the new constitution enter upon
the military government continues Very respect
fully, 4. r. HOAR, Attorney General.
The Legislature to be Called About the
18th inst.
RICHMOND, Sept. 4, 1859.
General Candy VIII issue proclamation for the
election about the 18th inst. He is delayed by dis
puted returns from one county. The State officer.
will be installed on the assembling Of the Legisa
ture
Railroad Projects in virginia-Proposet
Consultations.
RICHMOND, Sept. 4, 1859.
Tue papers to-day state that the Norfolk and Grea
| western Railroad Company concluded Its delibera
tions in that city by entering into contract for the
| sale OF $4,000 acres OF land, now held
| or hereafter to be acquired, to the vir
| ginia International Land Co mpany, composed
| of number OF wealthy gentlemen Of New York
several OF whom spent TWO weeks IN tue early par
OF June IN the examination OF the country along the
| line OF the proposed railroad. Another important
matter brought to the consideration OF the Norfolk
| and Great Western Company was the subject OF the
consolidation OF their line with the Memphis Ell PasC
| and Pacific Railroad The directors had an inter
! view with member OF the executive committee Of
the road. and took the intiat0ry step for the pur
| pose of making their road part OF the Southern
Pacific road. A committees was appointed to confer
with committee OF the Southern Pacific to MAKE
| contract for the consolidation or the roads.
George Pcabody's Gift to General Lec'i
College.
RICHMOND. Sept. 4, 1S6o
The Richmond Enquirer OF this morning speak
,no OF George Peabody and his recent donation tc