erson," is to perform "the duties of such officer or person so
suspended or removed." In other words, an officer or soldier of the Army
is thus transformed into a civil officer. He may be made a governor,
a legislator, or a judge. However unfit he may deem himself for such
civil duties, he must obey the order. The officer of the Army must, if
"detailed," go upon the supreme bench of the State with the same prompt
obedience as if he were detailed to go upon a court-martial. The
soldier, if detailed to act as a justice of the peace, must obey as
quickly as if he were detailed for picket duty.
What is the character of such a military civil officer? This bill
declares that he shall perform the duties of the civil office to which
he is detailed. It is clear, however, that he does not lose his position
in the military service. He is still an officer or soldier of the Army;
he is still subject to the rules and regulations which govern it, and
must yield due deference, respect, and obedience toward his superiors.
The clear intent of this section is that the officer or soldier
detailed to fill a civil office must execute its duties according to the
laws of the State. If he is appointed a governor of a State, he is to
execute the duties as provided by the laws of that State, and for the
time being his military character is to be suspended in his new civil
capacity. If he is appointed a State treasurer, he must at once assume
the custody and disbursement of the funds of the State, and must perform
those duties precisely according to the laws of the State, for he is
intrusted with no other official duty or other official power. Holding
the office of treasurer and intrusted with funds, it happens that he is
required by the State laws to enter into bond with security and to take
an oath of office; yet from the beginning of the bill to the end there
is no provision for any bond or oath of office, or for any single
qualification required under the State law, such as residence,
citizenship, or anything else. The only oath is that provided for in the
ninth section, by the terms of which everyone detailed or appointed to
any civil office in the State is required "to take and to subscribe the
oath of office prescribed by law for officers of the United States."
Thus an officer of the Army of the United States detailed to fill a
civil office in one of these States gives no official bond and takes
no official oath for the performance of his
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