Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-05

4 States may be required In all the
! States. IL therefore, any test were
/ to be imposed of the Legislature, not
provided for by the Constitution OF
I Virginia, or any restrictions imposed
upon the people Of the State IN their
| choice of officers, not recognized by 1t,
and not made applicable under the
legitimate power of Congress to all
States, the Legislature and officers
would not in my opinion be the Leg
! islature and officers of Virginia under
Its Constitution. L do not see that
| Congress can undertake to furnish the
State with a suitable Legislature to
start with, or exercise any control
over its composition which could not
be exercised over subsequent
Legislatures. 1 am therefore
of the opinion that the oath
prescribed by the statute of
1862, and by statute Of July ~, 1867,
chapter Sd, section 8, required to be
taken by all persons elected or ap-
pointed to Office in the said Military
District under any So-called State or
Municipal authority, and is not to be
required of the officers of Virginia, or
members of the Legislature elected
under the new Constitution. 1t does
not seem TO me what provisions of
this 9th section, which are applicable
to governments of States under mill
tary authority, were intended to ap-
ply to the Legislature and officers Un-
der which the State is to be restored
to its proper relations to the Union,
and by whom government of the
State is to be administered after restO-
ration. This opinion is strongly con-
firmed by reference to second section
Of the same act to suspend or remove
from Office, or from the performance Of
official powers, any officer or person
holding or exercising or protesting TO
hold or exercise any civil or military
Office or duty in said District under
any power, election, appointment or
authority derived from or granted or
claimed under the sO-called State gov
ernment thereof, and to detail a COM
Detent officer or soldier of the army to
perform such duties, it would
be impossible to suppose that
Congress would intend that
n Legislature under the Constitution
of 8 State could have its members ap-
pointed by detail of soldiers of the
army. The reasonable conclusion
seems to me to be, thSt it was not in
tended that any such Legislation
should be allowed to exist until
reconstruction was completed, except
for the limited and qualified purposes
requisite for reconstruction, but on the
other hand | fully concur with the
views of the General commanding in
Virginia, that under the recOnstruc-
tion acts of Congress no officers or
legislators are competent or should be
permitted TO exercise any functions or
bowers of his Otsce within that State,
except so far as these acts themselves
Droylde, without taking the cath
which is referred to in the statute Of
1857, above quoted. The act of April
10. 1869, REQUIRES the Legislature to
meet at q time which it Gesignate5
that it is to meet, which implies that
IL is to come together for some pur-
pose. It is required, under the pre-
Vious law, to act upon the question OF
adoption of the 18th amendment
to the Constitution OF the United
States before the admission OF
the State to representation in Con-
gress. l am of the opinion, therefore,
That it may come together, organize
and act upon that amendment, but
that until Congress shall have ap-
proved the Constitution and the action
under it, and it shall restOFe tie State
to fits proper place in tine Union by
its form Of government as
republican. and admitting 1t TO repre-
the Legislature is not en-
titled 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 if the test
oath has NOT been required OF Its
and that no oiacer elected
under the new Constitution can ehieF
upon the duties of his Office without
taking the cath while the military
continues, Very re-
specially, Il. X. HQAh,