The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-24

md len We n blank to De nereaI.oh
Mr.. WADpEIL renewed it. IL was "uop.-
cd. after considerable discussion-ayes'
Mr sSowpEy moved as o further amend
ment to strike out the clause requiring the
ofI;cer 10 reside in Richmond. earned.
Mr.. WAppELL moved to fill the blank or
dered bv the Senate with $4,000.
Mr.. ANDERSON moved to fill with 81, 4U0.
Mr.. WAppELL's motion was carried
ayes, %; noes, is.
amendment making this the salary for the
first year, and subject to alterations by
law. Adopted.
The bill as amended was then passed.
MESSAGE FROM THE GOVERNOR.
Pending the consideration of the above
bill, Colonel Owens, private secretary and
aid to the Governor, delivered the follow
ing message from the Governor -, ..
COMMONWEALTH OF VIRGINIA.,
EXECUTIVE DEPARTMENT, 81
Richmond, February %, 1870.
Gentlemen of the Senate and House Of
Delegates: - ......' ...'
Much confusion seems to have obtained
in the public mind as to precisely what
qualifying or official oaths or afirmations
are required of those now in Office in the
State as we'll as of those to be elected or
appointed to office. 1t is undoubtedly true
that no person can lawfully enter upon the
discharge of the functions of the Office to
which he may, have been elected or ap-
pointed, and that no person can lawfully
discharge the duties Of the Office he now
holds, without taking the official oaths or
aAirmations required by law; and it is
equally true that our Constitution and
the law admitting the State to representa-
ton in Congress have added to, changed,
and modified, the official oaths pre-
gcribed by our statutes, but the extent
and scope of these additions, changes, and
notifications, are not clearly understood
nor we'll defined. I am daily in receipt Of
letters of inquiry upon this subject, and it
seems to me highly important that the
General Assembly should at once, by pro-
per enactments, not only solve this ques-
ton and definitely settle all confusion and
doubt that may exist, but also provide
against the dangers and difficulties that
might arise from the illegal action OF un-
qualified officers. The 9th section of arti-
Gle 3 of the Constitution prescribes that
call persons, before entering upon the dis
charge of any function as officers of this
State, must take and subscribe the following
oath or affirmation:
~, -, do solemnly swear Tor afirm)
that I will support and maintain the Con-
stitution and laws of the United States and
the Constitution and laws of the State of
Virginia; that recognize and accept the
civil and political equality of all men be-
fore the law, and that will faithfully per-
form the duty of -- to the best of my
ability. So help me God.'
And the first section of the Schedule pro-
vides that 1.-THE common law and the
statute laws now in force not repugnant to
this Constitution shall remain in force
until they expire by their own limitation or
are altered or repealed by the Legislature"
The LIST, I'd, and Sd sections Of chapter
Is of the Code of 1860 are as follows
viz:
I. "The oath of fidelity to the Common
wealth shall be in the following terms:
81 declare myself citizen of the Com
monwealth of Virginia, and solemnly swear
that will be faithful and true to the said
Commonwealth, and will support the Con-
stitution thereof, so long as continue to be
a citizen of the same. So help me God"
II. Every person elected or appointed
to any post or Office referred to an the pre-
cedi,ag chapter shall, before he acts in such
office, take the following oath:
81 swear Tor affirm) that have not since
the tenth day of January, one thousand
eight hundred and sixty, fought in q duel
the issue of which was, or probably might
have been, the death of either party nor
have been knowingly the bearer of any
challenge or acceptance to fight duel &C
tually fought nor have I been otherwise
engaged or concerned, directly or indirect
ly, in duel actually fought since said time
nor will I during my continuance in office
be so engaged, directly or indirectly. Sc
help me God"
Ill. He shall also, at the same time
take an oath of Office, which, in every case
where no other is specially prescribed
shall be as follows:
81 swear that will faithfully perform
the duty of my Office of -- to the
best Of my skill and judgment. So helI
me God"
And the 18th section of the same chapte,
provides penalty for any attempt to act
in "any such Office" before taking the
above mentioned and described oaths anG
the oath to support the Constitution Of
the United States"
By comparison it will be observed that
the oaths prescribed in the Code, with the
exception of that clause declaratory Of
citizenship and the anti-duelling oath, are
substantially, though not in terms, super
seeded by the oath prescribed by the Consti-
tuition, but as they do not actually conflict
with each other, doubts exist rs to whethe,
an officer qualifying should take all these
oaths or only the one prescribed by the
Constitution and that against duelling.
Again, in the provisions of the act de
claring Virginia entitled to representation
| in the Congress of the United States ar
these words-viz.: "Prouided, That befor
any member of the Legislature of sait
State shall take or resume his seat, or an,
officer of said State shall enter upon tn
duties of his Office, he shall take and sub
scribe, and file in the Office of the Secretar,
of State of Virginia, for permanent pre-
servation, an oath in the form following:
+ ~, -, do solemnly swear that.I hav
never taken an oath as a member of Con
gress, or as an officer Of the United States
or as q member Of any State Legislature
or as an executive or judicial officer of an,
State, to support the Constitution Of tn
United States, and afterward engaged il
instruction or rebellion against the same
or giyen aid or comfort to the enemie
thereof 60 help me God %; or such perso
shall in like manner take, subscribe, an
file, the following oath: -, do sol
EMMY swear that have, by act of Con
gress of the United States, been relieve
from the disabilities imposed upon me b
| the fourteenth amendment of the Consti