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No. 2.

1851.

[ No. 2.]

COMMUNICATION from the Attorney General, relative to oaths of office of Senators.

To the Senate:

OFFICE OF THE ATTORNEY GENERAL,
Lansing, February 13, 1851.

I have received from the hands of the Secretary of the Senate, a resolution, requesting the Attorney General to report to the Senate, his opinion in writing, whether the Senators of that body, elected at the general election of eighteen hundred and forty-nine, ought not to be sworn to support the present constitution.

The inquiry is doubtless made, with reference to the requirements of the constitution, and existing laws. By the first section of the eighteenth article, members of the Legislature and all other officers except such as by law may be exempted, are required, before entering upon their duties, to take the oath of office. I find no other constitutional provision, having any direct bearing upon the subject. The Senators who were elected in eighteen hundred and forty-nine, took the oath as required by the laws then in force. Had there been no change in the organic law, the term for which they were elected, would not expire until January next.

Does, then, the adoption of the new constitution, affect the functions or tenure of the office of Senator, so as to render necessary, by any sort of implication, the administration of the official oath? The constitutional provision prescribing the oath can only be construed to relate to those officers, who shall enter upon the discharge of their duties, subsequent to its adoption. Official incumbents are nowhere required to renew their oath of office. Neither does the constitution vacate the office of Senator, or change its duties, or superadd new duties, except such as properly appertain to the business of legislation. On the contrary, the Legislature is recognized throughout as a body created by the laws in force prior to the adoption of the constitution; and by an express provision, its members are continued in office until eighteen hundred and fifty-three. The members

of the Senate who were elected in eighteen hundred and forty-nine, had entered upon their duties before the constitution took effect. Any construction which would require them to be re-sworn would be alike applicable to all other State, county, and township officers, whose official terms commenced prior to the second day of January last. It is evident no such proceeding could have been contemplated; for the constitution is silent upon the subject.

I am therefore of the opinion that the Senators referred to in the resolution, are not required to be sworn.

WILLIAM HALE,

Attorney General.

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