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OUlciul Journal of the United States.'
0/Tidal Journal of the State of Georgia.
GENERAL GRANT,
Tas Pilot who cam asd will ocide the
Ship or State satilt theoose etxst srosjc.
THE NEW ERA
Will Vindicate the Phisciples and the
Poncr Of the Eepcbdican Parti, and Sup-
poet its Nokihees, State and National.
ATLANTA, GEORGIA, MARCH 10, 1870.
Future of tlic Democratic Party.
No political party can be either permanent
or powerful that is based upon the prejudices
and hatreds of a past conflict. It does not
satisfy the minds, nor appeal to the under
standing of representative men. It may in
deed call to its support a class -whoso for
tunes are desperate, and who therefore have
nothing to loose but everything to gain by
revolution, disorganization and strife. The
organization of such a party will, however,
always l>c short lived. '
The real issue between the Demo
cratic and Republican parties, was settled in
the issue of the war. Stats Sovereignty and
its accompanying dogmas and corrollory prop
ositions went down forever, April 14th 1865
and Federal supremacy and its legitimate po
litical sequences gained that dominion which it
THE WEEKLY NEW ERA.
The New Eba this week is presented to its
readers as a fair specimen of what it will be in
the future. It will be seen that it is printed
in dear, new type, and contains about thirty
columns of carefully prepared matter. This
is no occasional number of the Era, but mere
ly the first gotten out with our new and great
ly increased facilities. Every number hereaf
ter will contain fully the amount of
contained in this.
Our object will ba to make the Weekly New
Eba a reliable compend of the history of the
times in which we live. It will give in each
number a carefully prepared summary of the
National, State, local and foreign news of the
week preceding its issue. This news is com
piled with a view to the cnlighlment end in
struction of the public, therefore, it will com
prise that only which is reliable and nsefnb
Besides this, each number of the Weekly New
Eba will contain all the leading editorial arti
cles which appear in the daily.
In politics the paper is determinedly and
unflinchingly Republican; but it discusses
politics courteously, and accords to all men
what It claims for itself, the right of free opin
ion and freedom of action.
The subscription price of tho Weekly New
F.«« is only two dollars per annum. To chibs
often or more subscribers it is sent at $1 SO
each, thus making it the cheapest paper in
the South as well as one of the best
Governor Bullock Before the Senate Judi
ciary Committee.
We publish this morning tho speech of His
Excellency, the Governor of this State, deliv
ered before the Judiciary Committee of the
United States Senate, on Wednesday last
touching the politi cab status of Georgia, as ef
fected by the execution of the act of Congress
of December 22, 1869.
Tho argument is an able one, covering the
whole ground in controversy, and oorrnctly
representing the sentiment of the Republican
party of this State. We do not believe there
is a Republican in Georgia who docs not fully
concur in all tho Governor says ; and wo com
mend it to the careful perusal of every reoi
able and candid man in the State, outside the
Republican party. Tho position of tho Gov
ernor is well taken—in fact it is the only tena
ble one poeeible under tho circumstances—and
Ilia arguments an- unanswerable. Everyman
in the State should read it carefully.
A simple statement of the fads connected
with Mr. Caldwell’s record, Wall that is neces
sary to show the fallacy of that gentleman’s
assumptions, and to strip him of that quixot
ism with which he assays to champion the
cause of Georgia Republicans, and especially
of the freed people whom he so cruelly be
trayed in 1868. This the Governor has done
in a spirit of the greatest lenl ?ncy and forbear
ance, but which is none the leas effective on
account of its courteous end respectfal lan
guage; a mark of attention least merited by
Mr. Caldwell’s recent course; but which is in
keeping with the Governor's well known char
acter for gentlemanly bearing toward his oppo
nents.
The House Bill.
The passage of the Reconstruction bin by
the House, may he regarded as an endorse
ment by one Hones of Congress of the posi
tion that the State Government of Georgia is
still provisional, and that legislation was deem
ed necessary to the admission of the State.
It is difficult to understand how Congress
could reconcile its action with peat legislation
by taking any other position than this. The
passage of tho Act of tho 22d of December, can
bo regarded in no other light than os a practical
recognition of the foot that Georgia hod no
legal State Government, and as implying the
existence of a provisional govermnent up to
the time the Act named should be compiled
with, and the action of the State ratified by
theadmimion of our Senators and Repnaen-
tativoe.
Assertion Without Proof.
Would it be anything more than a simple
act of justice to their readers, if the Demo
cratic press of Kentucky and Tennessee would
take some pains to inform themselves of the
exact political status of Georgia, before assu
ming to discuss Georgia polities?
The assumption of the Louisville Courier-
Journal, for instance, that the Executive of
Georgia is “a corrupt Governor,” is just such
a plaigerism from the Ku-Klux and Bryant
Democratic press in this 8fatc, as no ably con
ducted journal should be guilty of. Why does
not the Courier-Journal state the fact that the
Governor asked an investigation of the charges
of corruption made by Bryant and Angier, and
that Democrats refused it?
Just a Word.
A number of the papers in this State are
claiming "the largest city, county and State,
circulation.” Are these journals willing to
publish to the world the exact number of their
circulation?
We venture that the average circulation of
not one of these exceeds one hundred (100)
quires for the daily edition, and, therefore,
that none of them equal the circulation of the
Era.
The Eba is read by both political patties,
and is taken in all parts of this, and in many
parts of adjoining States.
The Prince of Wales Scandal.
The letters of the "Sweet Prince” to Lady
Mordaunt, about which there has been such a
dust kicked up among the noblesse and bon Ion
of England, are rather harmless billet deawe,
principally about shooting and the sale of a
pair of ponies. In order that tho scandal
mongers may go to the bottom ot this busi
ness, we reproduce, this morning, the entire
correspondence.
The “New Party” Movement.
Speaking of the mongrel "no party” move
ment in Virginia and elsewhere, participated
in by old political backs, the Richmond Dis
patch exclaims:
"No party—no office—no nothing! Who
can stand that? Ob, fortune—oh, misfortune—
oh, demnition!
Farrow and Wblteley to be Seated.
Private Utters received in this city yesterday
from prominent parties sit Washington, author
ize the statement that Means. Farrow and
Whitdey will be admitted to their seats in the
United States Senate next week.
sought in 1787. The appeal to a National
Convention of those politicians, North and
South, who opposed the Congressional policy
of reconstruction, was virtually an appeal from
the decision of arms to the ballot, as, in 1860,
secession was an appeal] from the dedssion of
the ballot to the arbitrament of the sword; and
the Philadelphia National Conservative
Convention, was but the prelim
inary step to the reorganization of the defeated
Democratic party of 1860. The new porty
thus framed, predicated its existence upon an
effete system of political philosophy. It sought
strength and power through appeals to the
passions and hatreds engendered by a past
conflict.
Under these circumstances, its utter defeat
was not difficult to foresee; and now that the
struggle is over, all reasonable and lair mind
ed men acknowledge that to Andy Johnson
and those who aided him in resnnocting
the Democratic party in 1866,
chiefly indebted for the disorder, strife and til
feeling engendered in perfecting reconstruc
tion, under the Congreaskmal enactments. No
well informed Georgian can now be made to
believe other than that, had Congress passeed
the ‘Gherman boll” in 1865, instead of 1867, it
would have been promptly accepted and acted
upon by tho Southern people; and hence that
the work of 1869-70 would have been consum
mated in 1866.
But we do not recur to these things for the
purpose of recalling pest blunders. There are
certainly very few pleasant reminiscences con
nected with the memorable campaign of
Aoor-e. we omy swu wa s>
trntion of the folly of attempting to build up a
ruined and antiquated party upon the memo
ries of its disastrous Fast The impracticable,
end therefore unsuccessful effort of 1866,
conveys a wholesome lesson to those who still
oppose the inevitable, and who are seeking to
conform the living present to the theories and
traditions of the post The Democratic party
was once a great and powerful organization.
It then had living issues to support asd vital
ise it But now that its theses belong to
that of a preadamjte age, and the verdict of
the American people has set aside its princi
ples as obsolete; a political organisation based
upon its old name and platform end supported
by nothing bnt hatred, is an absurdity.
The VfirEra.
Ours is pre-eminently an age of activity.
The vast and varied improvements in all the
arts of life, »nd especially in the facilities for
commercial intercourse made during the pres,
ent century, visibly impress society in all its
phases. Among the changes wrought, the
elevation of the masses in the intellectnsl scale
is tho most notable. Never before, has there
boen such a general awakening among the
humble and lowly to the value of their inalien
able rights. Never has there been witnessed
such an apparent readiness on the part
of enlightened aristocrats of the old world
to yield to popnlar demands. Without abating
a particle of his technical claim to absolutism,
the Czar of all the Russios exhibits, in his rule,
a sensitive regard to the interests of the
humblest classes of his subjects. Napoleon
m. turns over his kinsman, (for impartial
trial,) to the Courts in obedience to popu
lar demand. The British Lion instead
springing ferociously upon them, silently and
cautiously watches the movements of the
Fenians, well knowing that unwonted cruelty
would arouse into activity the sympathies of
the civilised world. The oppressed and
down-trodden everywhere are being ele
vated in obedtenee to the spirit of
the age.
The inexorable logic of events crowd
upon each other, and elbow the
intellectual sluggard to one side of the
pathway of progress. Those who have fallen
asleep amid the activity and bustle of the
march of civilization of our times, will sooner
err later And themselves not even in telescopic
view of the realities that are visible in the rap
idly shifting scenery of tho present stage of
action. Neither individuals nor nations oan
now dare to stand still. It is folly to look
back, and servilely to intimate the past; while
in history, many noble examples of individnal
integrity and skillful adaptation of policy to
the then condition and wants of society, may
bo edifying, so changed ore the circumstances
and so different are the necessities of nations,
that the statesmen of the ouz day find hut little
in the past to indicate their present duties. The
range of their beneficent influence of govern
ment is broader, and extends more among the
humbler classes. If any, fondly cherishing
antiquated ideas and ancient customs, see in
this a modern vandalism, it is because they
have not sufficient mental activity to appre
ciate the tact that the masses of civilized na
tions are now more enlightened than were
the piratical followers of William the Norman.
Lika the proud Costiltian noblemen, they thus
amuse themselves and fritter away their lives
in boosting of the exploits of their predeees-
son, while thoir ooontiy sinks in grads among
This is not the day and time to claim
tho impntation to ourselves of a vicari
ous merit on account ot the works ot supere
rogation performed by our {ndecessore. To
such of these as acted well their
part in their day and generation, we
m«y justly point as examples worthy of re
membrance. We cannot servilely imitate them
nor tread in their precise path. Nations have
moved onward since their time. Wo are in a
different port of tho highway of civilization.
We must meet the responsibilities of our own
day and generation; "time and tide waits for
no man.” In our day the uprising of the
masses is like an ocean swell, destined to over
whelm all who disdain to recognize its ap
proach, and acknowledge the purifying influ
ence of the interchanges of thought it pro
motes.
The termination of the late war between the
North and the South, marks the starting point
of a new era, in which many old things are
passing away, and many old ideas have de
mised past all hope of resurrection. The
elevation of the masses, without dis
tinction of race or color, or previous condi
tion, by bestowing universal manhood suf
frage, and securing free education to oil the
children of the land, is a necessary part of the
xdicy of the present government of the United
litotes: Its partisans fought for, and wan the
victory of undivided nationality over that il
liberal and narrow view of public policy, that
claimed for the few of a given section the right
to decide tile weal or woe of the majority of
the nation. Efffete political issues eon haTe no
practical bearing while discussing the duties
of living actors. The revival of them can only
serve to keep alive a fretful mourning over
the part, in the minds of some whose mental
decrepitude indicates that they hare passed
the age, when they can be expected to do ser
vice in the cause of progressive humanity.
SPIRIT OF THE GEORGIA PBfoS.
THE CUTHBEBT AT»AL (DEM.)
Undertakes to instruct formers as to thoir
interest and duty. It would be a good thing if
some of these Democratic editors would quit
writing and turn their attention to tho cultiva
tion of the soil!
Tho same paper is still in foror of repudia
ting the National Debt It says:
The war debt, which, in its villainous details
was a fraud even upon tho North itself, is in no
sense a Southern obligation.
That’s not new. “Brick Pomeroy” stud the
same in 1865.
The Appeal continues:
Tho taxes under which wo groan for tho ben
efit of the bond-holders, and the host of
Northern army contractors who fattened upon
the carnage of the late civil war, are snbmitted
to, for the same reason that the defenseless
traveler delivers his purse at the demand of
the highwayman. When an outraged North
shall inaugurate reform, with the ballot, our
people of every race and color will march in
seined ranks to tho hustings, and announce
their verdict
And yet the “Democracy" claims to he a
national party. Indiscreet editors are some
times great stumbling blocks [as well as block
heads per «,] to the success of their own
party.
THENXWXAN HERALD, (DLH.)
Says of the contest over Georgia now going on
at Washington:
We have no objection to the prolongation
of the contest, form earmot see how Georgia
will lose anything therefor. AH is gone now,
and a change cannot make It any ■■goner,'’
The same paper thinks a Convention of the
“Democracy” ot the South, at this time, would
result in no practical good, and therefore dis
courages the movement.
On the school question, the Herald is not
HU LAORAROR EXTORTER, (X. K.)
lake Ben Hffl, whose organ it m, was an aid
line Whig, Blue Light Federal, “Union first,
last andaU the time," up to the time of the Se-
cession Convention, when certain Whig-Union
delegates bowed the knee to Baal in considera
tion of office. And now this Know Nothing
organ champions tho desperate cause of the
desperate Democracy in this wisei
We believe as everybody else docs, in the
right ofreTolntion;andwe believe, furthermore,
that the time is now when the people ought to
side of the Constitution” and regardless ef
principle or precedent.
Speaking of the Union, this fossilized
Know Nothing organ, says:
(We are sorry we cuimot destroy it at anas.)
We say tills coolly sad calmly, wBhaotth*
Uuotloyalvengeanoa before our eyes. We
despise your Union aeit is; wo hate the men
who control its Government
[We hope the Reporter will dp nothing rash;
bnt. that it will continue to cultivate the
Christian virtues amid all its trials and tribu
lations! Many Churchmen of the present day
believe in obsessions, and the great Teacher
once declared that there woe a certain class of
demoniacs who could be relieved only by
“fasting.” And the devil leaving the man of
the Toombs and entering the herd of swine,
certainly has a fitting analogy in the fact that
all the old east Off garments of the decayed De
mocracy, are now donned by Know Nothing
leaden, and sported by the sewerage of the
Whig party! The representative men of the
once powerful Democratic party—such as
Brown, Johnson, Iverson, Gartrell, Jackson
and Milledge—manifest no desire to convert
yesterday into to-morrow, or to resurrect the
grave clothes of a defunct political organisa
tion.]
TBS ROBE COMMERCIAL (DEM.)
Thinks the proposition for s State Convention
of the Democracy ** unsound and premature.'*
THE SAVANNAH NEWS, (DM,)
Forgetting all about its Democratic "dignity,”
not to mention “virtne and respectability,”
uses big “cuss words" in speaking of Gover
nor Bollock. Such things are bad enough in
private conversation. They ore excessively
vulgar and disgusting in a public journal-
The same paper has much to say about Whit-
temore and cadetships, bnt not a word about
Gollady, of course.
THE AUGUSTA CONSTITUTIONALIST (DEM.)
Does not fancy Mr. John Quincy Adams as a
Democratic leader, The trouble with the De
mocracy seems to be that they have neither
principles nor leaders.
THE AUGUSTA CHRONICLE AND SENTINEL, (K. k.)
In the absence of the usual quontam of per
sona! abase of its political opponents, mokes a
ludicrous effort to conch an agricultural essay
in Biblical language, It discloses an ignorance
of the Bible truly astonishing. It cant even
imitate the style adopted in the King James
translation!
THE ATHENS BANKER (DEM.)
Opposes the proposition for a State Convention
of its party.
THE QUITMAN BANNER (X. X.)
Has s column or so of slang and tautology un
der the euphonious caption of " Bollock's Vil
lainy and His Apologists,” wherein the editor
speaks of the Governor a* “a bora piebian,
and as “riding the State to the d 1.” etc.
From the manner in which the editor of the
Banner batchers the "King’s English,
would suppose that his education had besn
sadly neglected. A few months' probation in
some free school might enable this scion of the
•chivalry” to speak the language of e gentle-
THZ SAVANNAH NEWS (DEM.)
Pronounce* the XVth Amendment “i
rage and a swindle.” That dent strike ns as
being very original, coming ss it does from a
Democratic editor!
THE AMEEXCUS BXLUBUCAK (X. X.,)
Retails s slander about Governor Bollock’s
personal expenses, "his extravagance,” etc.,
bnt says nothing about the *27,000 expended
by a Johnson-Democratic Governor in fitting
np the private apartments of the Executive
Mansion.
THE MONBOB WITNESS (DEM.,)
Discusses the utility of Life Insurance. That’s
bettor. The issues of 1860 is out of date. Life
Insurance is not!
THR ROMS COMMERCIAL (DBM.,)
Likes "that allegiancewhieh prefers evens
doorkeeporahip in the house of Democracy to
a dwelling place in the gorgeous tents of Rad
icalism.”
And, wonderful to toll, it speaks of Bryant ss
the prince of Skowhegan. Oh, the harmoni
ous Democracy!
TUB BRUNSWICK APPEAL (DEM.)
Speaks of the “rascality” in the management of
the Savannah post-office, bat omits specifica-
eationa.
THE AUGUSTA CHRONICLE AND SBST1RRL (E. X.)
Is despondant. It says :
‘Our advices from Washington are such as
to leave bnt little hope for tho defeat of But
ler's iniquitous Georgia bin, giving Bullock
and bis taction a lease of power until 1878.”
The same paper wants to “ignore dead issues
bnt never abate a single (Democratic) princi
ple." What a solecism!
[HR AUGUSTA CONSTITUTIONALIST (DEM.)
Speaking of President Grant says:
We are among those who credit the Presi
dent-General with the possession of a large
brain and an extraordinary force of character.
We believe, furthermore, that be has a great
purpose in view; that he is shaping his policy
to control events; and that, at the proper time,
he will assume, or attempt to assume, the ab
solute mastery of tho situation. A soldier o
OEM.) k
nietly My the
if its nwrs in
fortnno and tho favorite of circumstances, he
undertook the management of the war as a job.
Ho now runs tho Government machine as a
job. He so runs it that everthing in the way
of a civic sham, such as Congressional role,
shall become utterly hateful to the people.
When Congress can no longer be tolerated,
Gen. Grant will be willing to undertakothe job
Of quelling it. ‘ ‘
JTnfnrtnnat/i fnr the n<irmli(ntinnuliat, Qen.
Francis P. Blair, Democratic nominee to tho
Vico Presidency in 1868, made this discovery
TILE BOMB COURIER (DEM.) -
Quotes Scripture. [“And last of all came Sa
tan also!”]
THE MACON JOURNAL,
A new paper, tho first number of which
bears date March 6th, makes a bid for tho &p>
of tho extreme Democracy, by
speaking of Congress as the “ political recon
struction grannies.” [Elegant language to be
gin with, but adapted, we presume, to the
tastes and capacities of those whom it seeks to
please.]
In its “salutatory,” the new condidate for
public fovor speaks of “our present deplorable
State as a nation.” It concludes its debut thus:
To sustain the peace of society, founded upon
just laws—to advance its material prosperity,
by honest industry and intelligent enterprise,
and to elevate and dignify our moral natures
and sustain the honor of our fathers, must now
be our aim.
And yet, in its leading article, the Karoo pa
per uses tho [words “scoundril” and “petty
thief” in connection with those who adarocate
the establishment of poqpe and good govern
ment under the provisions of the National Leg-
islature! ' a * -
THE TAIaBOTTON STANDARD, (DKM. %'■
Noticing the foct that Miss Oliv
ed in Atlanta on 'Woman Suffrage, fi
Macon for want of an audience,
those who will contend for the right of
to make themselves men, we glory in
that notwithstanding the demoralization and
corruption that are advancing with such-rapid
strides over the country, the women of ojr fair
fond are icomm still; that they have no.desire
to become masculine, and never will hjfce. ”
the’savajwaB SJTO3, (nEM.)
Like the jnan who sat down quietly
river Po to wait the exhaustion of its
order that he might cross over dry shod, is
still anticipating the resurrection of the
UWwUjfirn TW»ir»rw»tort-x»” the CUTS* of a
Democratic dynasty in 1873!
The 'Wild Lands-Important ( orrapond*
enee Concerning Advertising the Saune.
Comptroller General’s Onset. )
Atlanta, March 1, 1876, f
To Ilia Excellency, Rufus B. Bullock, Governor
! of Georgia:
8nt: The list of rfnretnrned lands for forty
counties has been completed and turned, over
to me by the clerk appointed to do that work.
Tho list is a very largo one, embracing About
two million sixty-eight thousand acres ef un-
returoed wild buds in the forty counties.
Section 874 of tho Code require* this dficc,
when the list is completed, to advertise the
same for sixty days in one newspaper in each
Congressional District. The list being so Urge,
I have deemed it my duty to seek information
as to tho probable coot of publication, and
upon inquiry, I fearp, from qn old find experi
enced printer, that it will cost from twclro to
fifteen hundred dollars to advertise it in' one
paper as the lav requires, end that the entire
cost of advertising it in scorn papers for sixty
days, will not be less than ten thousand dolors.
Considering the great expense to the State,
thus likely to be Incurred, and tho compara
tively small amount of revenne that will be
derived from the tax upon these lands (they be
ing unimproved, and the so
little) I have deemed it pro)
Excellency to suspend the etfl^^^BF.the
tax upon these nureturned wild iHRir 1868
until the mooting of the Legislature, when I
propose to lay the subject before that body
with the view of exhibiting the great expense
likely to be incurred by complying with the
requirements of the present law in regard to
advertising these fends, and for the purpose, if
practicable, of eliciting some other plan for
bringing these fends into market with less ex
pense to tile State. In my judgment, to carry
out the present few, would cost the State sev
eral thousand dollars more than the tax would
amoqnt to when collected.
Very respectfully,
Madison Bell,
Comptroller Genera}.
Executive Department, I
Atlanta, Go., March 4, 1870. ;)
By virtue of the authority vested in me by
section 70 of the Code of Georgia, the taxnpon
the wild or unimproved fends that were not re-.
GEORGIA,
Remarks of OoTtrnor IX. Ui Bullock Be*
fore the Senate Judiciary Committee.
March ad, 1870.
Tho speech of Governor Bollock on tho
Georgia question having attracted wido atten
tion, wo publish this morning his remarks in
full, ns revised from tho pamphlet copy which
was printed and distributed to the Committee.
The points made by the Governor are vary
strong. Governor Bullock said :
Hr. Chairman and Members of the Judiciary
Committee of the Senate:
Ihavebecn placed in possession of aprmted
pamphlet containing a revised edition of the
papers read before yonr honorable committee
on the 9th of February last, by Messrs. J. H.
Caldwell and J. E. Bryant, together with an
appendix containing a paper signed “N. L.
Angier, Treasurer of Georgia," and entitled,
“Governor Bullock’s Financial Operations,”
and also nine pages of printed matter under
tho following title:
■Gforo tho Judiciary Committee on Satur
day, February 12, 1870, Judge Gibson, on be
half of Governor Bullock, rend an argument,
to which Mr. Cnldwoll replied in substance as
follows:
This reply of Mr. Caldwell, together with
the paper signed by Angier, I desire to notice
before yonr honorable committee shall have
formed final conclusions and agreed upon a
report in what is commonly known as tho
“Georgia Questioh."
Tho paper signed by Angier being personal
in its character, will be noticed in a printed
appendix, whieh I will leave with the com
mittee.
My first information that the affairs of Geor
gia were to bo considered by yonr honorable
committee was derived from the note of yonr
honorabls chairman, dated the Gth day of Feb
ruary, informing me that Mr. J. H. Caldwell,
a K. Osgood, and others had applied to fey
before your honorable committee certain facts
in regard to the organization of the Legislature
and the state of affairs in Georgia, and at tiw
some time extending to me an invitation to be
present on the following Wednesday at II
At that time Mr. Caldwell and Mr. Bryant
appeared as speakers, and to the "certain
facts ” (many of whiah, by the way, proved to
be very uncertain) in regard to the organiza
tion of tho Legislators and the state of affairs
iu Georgia, reply was made by me and pre-
sented to yonr honorable committee in print,
under date of the 10th of February, and
will be found on pages 27 to 67, inclusive, of
the pamphlet entitled “Georgia before the
Senate Judiciary Committee, February 9,
1370,” and to winch the attention of your hon
orable committee is respectfully invited,
Tho statement, therefore, that "Judge Gib
son appeared in behalf of Governor Bullock,"
is not correct. Judge Gibson, Harrell and
Parrott, together with Mr, Conley, the Presi
dent of tho Senate, and Mr. Tweedy, of the
Honse, united in a communication to yonr
honorable committee, printed in a pamphlet
entitled “The Admission of Geornua”
These gentlemon are all men of high charac
ter and standing, and speak for themselves.—
While i agreo with what they say in their
communication, they do not represent me,
more than they do any other Republican in
Georgia. It is not probable, however, that
either of the gentlemen would have presented
their views to yonr honorable committee had
it not been for the unwarrantable and insolent
assault made upon the character ot Judge
Gibson by Mr. Bryant in his remarks on the
9th ultimo.
In my former communications to your hon
orable committee I endeavored to avoid, as
fer as possible, any remarks of* party or par
tisan character. It was my purpose to avoid
speaking of either the Republican or the Dem
ocratic parties in this matter. Bnt I hope
that yonr honorable committee win overlook
the impropriety of my doing so at this time,
because it seems to be called for by the char
acter of tho communication to which I desire
to reply.
Mr. Caldwell assumes that under the former
organisation there was a Republican majority
in the Lower House, He says;
•'There were several strict party votes, among
them that whieh elected the Speaker, from
whiah it appeared that there was a Republican
majority of one in the House, the. Since then,
the Republican majority has been increased by
the deaths which have occurred."
The feet, however, is that a Republican was
elected Speaker by the foUowing vote: Hon.
R. h. McWhorter, 76 votes; W. F. Brice,
Dem., 74 votes; W, F. Holden, Rep., [voted
for by Mr. McWhorter,] one vote, making 77
Republican votes to 74 Democratic votes, as
will be found recorded in tho Journal of that
House, on page 12, under the old
lion. Thlv *los>tjnn look plACG OH
and on the following Monday, at 9:
a number of additional members having ar
rived and been sworn in, the House proceeded
to the election of a clerk, at which time, M- A.
Hardin, Democrat, received 83 votes; Mr. 8.
C. Johnson, Republican, received 78 votes.
Thus the Republican vote liod been increas
ed by one and the Democratic vote by nine.
From that day until the present organization,
there never was a Republican majority in the
Honse of Representatives.
It waa this same Legislature which Mr. Gold-
well claims to have been Republican, that, by
a vote of 95 yens to 43 nays, adopted a report
which declared that John Long, of the county
of Carroll, was eligible—a man who, as was
shown by the report, prior to the late war held
the offices of justice of the Inferior Court and
clerk of! the Superior Court, and during the re
bellion held the office of county treasurer. This
is only a sample case; many oarers equally in
eligible were by that House declared to bo eli
gible,
QUESTION Of HUOIBIUTT.
Mr. Caldwell asserts that “hadeaoh member
been left to his own conscience in the feta or-
turaed for taxation for the year 1868, is hereby | gnnization, to qualify or not, jnst as .the low
suspended until the next meeting of the Gen- " • - fl
era) Assembly of this State, and the Comp
troller General will, for the reasons given in
his communication of tho 1st instant, desisi
from advertising the list of said fends, with A
view to their being sold, until the time men,
tioned. Rurus B. Bullock, 1
Governor.
— ■
A Resolution.
Resolved by tho General Assembly, That aE
the proceedings in the soveral courts of this
State, founded on any debt or contract, made
or entered into before the first of Juno, 1865,
andaE levies and sales by virtne of any exe
cution so founded, shall be, and are hereby
stayed until twenty day3 after the recess taken
by the General Assembly shaE have expired
Resolved, That the General Assembly,
compliance with the jnst demands of the people
earnestly appeal to Major General A. H. Terry
to sanction and enforco tho abovo resolution
after its approval by the Provisional Governor.
Benjamin Conlet.
President of tho Senate.
J. G. W. Mills, Secretary of tho Senate.
R. L. McWhoetee,
Speaker of tho House of Reps.
Jno. J. Newton, Clerk House of Reps.
Approved February 18, 1870.
Rufus B, Bullock,
Northern Correspondent*,
Tho Cincinnati Commercial has—or rather
has had—a correspondent in this city whosi
statements concerning the poUtical affairs iu
Georgia evince an incredible amount of igno
re on a subject with which every intelligent
man is presumed to be acquainted. His state
ments may look pfensible abroad, especially
when corroborated by the extreme Ku Klux
wing of the Georgia Democratic press; bnt
they are wholly unreliable—more unreliable,
it possible, than the imaginary sketches and
malicious stories of the extremists and bitter
ender* of the Bryant-CaldwcU Kn Klux faction.
We are surprised that a paper Eke the Com
mercial should trust to such novices and blind
parti nans to keep its readers correctly informed
as to affairs in Georgia.
Looking Back*
Democratic editor* in this State are con
tinually harping upon the good old days of
ante bdhim times, when James Buchanan and
the Locofocos were in tall blast
This is natural. From the eerUert period
of time, it has been the habit of non-progres-
sives to complain that their juniors are degen
erate, It is especially the custom ot politic
cions whose race is run, to assert that states
men and office holders are not as honeet as
they used to be!
The Provident Aid Society advertise* for la
borers to go South.
Rowed him to do, Ac., it is likely
that a sufficient number would have refused to
qualify, to make a RepubUcan majority in the
two houses of 15 or 20.”
With tho exception of three men who were
declared to be ineligible by order of tho gene
ral commanding the district, each member teas
" left to his own conscience,’’ Ac., and, had
there been a rigid enforcement of a literal con
struction of the disqualifications fixed by the
act of December 22, or by the previous acts,
which declared that no person-disqualified by
tho third section of the fonrtoeth amendment
shaE hold office in either of tire Slates named
in that act, Georgia being one of them, there
would have been at least thirteen other mem
bers excluded from the present organization
who were permitted to participate in it
These thirteen persons took the oath pre
scribed in tho act of December 22, notwith
standing the fact that they were candidates for
nnd were elected to, offices under the State
Government at on election held on the first
Tuesday of January, 1861, and were commis
sioned iu tho offices to whieh they were elected
on or about tho 25th day of the some month,
and continued from that time forward, for va
rious periods, to perform the duties of their
Offices during the rebellion. These persons
plain-, that by the fact that tho ordinance of
Secession was adopted by the secession con
tention of Georgia on the 19th day of the
feme mouth, a date which occurred a few days
after their election and a few days before they
were commissioned, they were shielded from
the effect of the disqualifying clauses of tho
act of Decomber 22-
The claim thus set up was regarded favora
bly by tho commander of the district, in defer,
mico’to tho opinion of the honorable Attorney
General of the United States, and these thir
teen members were permitted to retain their
Keats in tho Legislature.
I: will ba observed, therefore, that the great-
efo liberality has been exercised in construing
the act of December 22, so as not to affect un
favorably any person who' might, by any pos
sibility, bo deemed eligible.
CALDWILL’S POLITICAL RRCOSD.
Mr. CaldweE attempts to cast a reflection or
doubt npon the republicanism of the Speaker
of die House of Representatives by saying:
It wss Speaker McWhorter’s ruling which
led to the expulsion of the colored mem
bers, Ac.
The rulings to which Mr. CaldweE refers
era:
That no member, whoso eligibility had been
qnettioned by the committee, and which ques
tion was involved in the report, was entitled
to vote therein.
And on page 40 of the Journal of the Honse
of Representatives of the old organization, wo
find that when the question of the eligibility
of certain white members was under consider
ation, Mr. Bryant, of Richmond county, raised
the point of order that—
No member whose eligibility haa been ques
tioned by the committee, and which attention
was involved in the report, was entitled to rote
thereon.
The Speaker made this ruling, and decided
that they were not entitled to vote. Mr. Craw
ford (Dem.,) of Bartow county, appealed from
the decision of the Speaker, on which appeal
the yeas and nays were required to be recorded,
and resulted in yeas 84, nays 74. Among
those who voted to sustain the Speaker in this
ruling we find the name of Mr. GuduxiL
When the report of the Committee upon
Privileges and Elections, declaring colored
men not eligible to hold offices or seats in the
Legislature, was made, we find upon page 224
of tho Journal of tho Hoaso, old organization,
that Mr. Scott, Democrat, t f Floyd, made the
point of order—
That upon tho decision of tho question now
under considetation, tho persons whoso seats
are herein contested and herein involved are
not allowed to vote. Mr. Prico, the Speaker
pro tern., being in the chair, decided the point
well taken. Bryant appealed from the decis
ion of tho choir, upon which appeal the yeas
and nays were required, and resulted in yeas
Kg wjral *>t« a a, .
Among thoso who voted in tho affirmativo-
voted to sustain the rating, not of the Speaker
proper, Mr. McWhorter, but of tho Speaker
pro tempore, Mr. Price, a Democrat then in the
chair—in a ruling which practically expelled
tho negroes—will be ibnnd the name cf Mr.
Caldwell! I !
Upon the final vote, by which the
men were excluded, Mr. CaldwoU was H
but a few days after the expulsion had been
accompli tihed, he sought and obtained permis
sion to have Ms vote recorded in the negative.
It is painful to thus destroy Mr. Caldwell’s
consistency by referring to his political record,
but the truth of history demands it.
The general sentiment of the community at
that time—the great Democratic Convention
at New York having by its resolutions declared
the reconstruction acts to be revolutionary,
unconstitutional, and void, and intimated that
the governments established under thoso acts
should be dissipated—the threatening letters
received by RepubUcan members, from their
respeotivebomee, together with ih&well-kuowu
impossibility of preventing, by their votes,
they being largely in the minority, the expul
sion of the colored members will account for
the small RepubUcan vote which is found in
opposition to the revolutionary action of the
rebel majority in the organization.■qpipiiii
From the foregoing I think yonr honorable
committee will agree with me that the state
ments of Mr. Caldwell that the Lower Honse
of the Legislature was a RepubUcan body after
the admission to it of all tho men declared by
General Meade’s order to have been elected, ir
respective of Abate eligibility under the law, is
effectually disposed of, and that some tight
has been thrown upon the consistency of the
honorable gentleman’s political record.
FBOPEB CONSTRUCTION OF THE PRESENT STATUS
OF GEORGIA.
Mr. Caldwell farther proceed* to refer total
very important branch of this question by
~*ng:
our attention has been directed to tbe lead
ing idea of tbe Governor’s report, viz: that the
purpose of the fete act of Goiigrea* was to set
aside the first organization of the Legislature
os illegal, and renders all its acts void, and
especially the validity of the election of United
States Senators and State officers. This con
struction of the meaning of the act grounds
itself upon the idea that the number of ineli
gible persons supposed to be in the body vitia
ted the whole body turd all its acta.
This oUegation is not supported by anything
presented by Mr. Caldwell, nor is it supported
by any fact whatever. The purpose of the
fete act of Congress I conceive to have been
just exactly what is announced in its title,
namely, topromote fee reconstruction of the State
cf Georgia.
After thus giving a false statement of my
construction of the act, he adds;
This construction of the meaning of the act
grounds itself upon the idea that the number of
ineligible persona supposed to be in the body
vitiated the whole body and aU its acta.
And then proceeds to arguo that, if any
number less than a majority were disqualified
members, the body—a qualified majority being
a quorum—were competent to act, Ac. The
argument of Mr. Caldwell on this point is very
wmk imitation of the very able and compre
hensive minority report made by yonr honora
ble chairman on the some subject, January 25,
1869.
On the 25th of January, 1869, your honora
ble committee made a report to the Senate,
[Fortieth Congress, 3d session, report of com
mittee 192, an tho credentials of Joshua Hill,
claiming to be a Senator-elect from Georgia.]
In that report yonr honorablo committee ar
rived at the conclusion that the right of Mr.
Hill, if regularly elected, to a seat in the Sen
ate depended upon three important conaidem-|
tions: ■ ■ |
First. Did the Legislature of Georgia, reg-|
uferly organized in accordance with the Con
stitution of the United States, the laws of Con
gress, and the constitution of Georgia, duly
ratifiy the fourteenth amendment, and comply
with the various conditions imposed by the
aot of June 25, 1868 ?
Second. Hod the Legislature and people
of Georgia, subsequent to such compliance
with said act,of Congress- committed such
acta of usurpation and outrage as to place the
State in a condition unfit to be represented in
Congress?
Third. Whether on the whole case, taking
the action of Georgia, both, before and since
the pretended ratification of the fourteenth
amendment, a civil government has been es
tablished in that Stato which Congress ought
to recognize?
After reciting tho result of a thorough and
careful investigation, yonr honorable commit
tee oonoludte m follows:
Wherefore yonr committee feel called npon
to recommend that Mr. Hill be not allowed to
take a seat in the Senate for the reason that
Georgia is not entitled to representation in Cbn-
gress. c
In another part of tho some report yonr hon
orable committea disposes of the point now re
vived by Mr. Caldwell by saying:
For the purpose of this report, however, your
committee did not deem it necessary to ascer
tain the number of disqualified parsons ad
mitted, but the fact that any were knowingly
admitted was not only a violation of the four
teenth amendment and afaOurt to comply with
the requirements of Congress, but manifests a
disposition to disobey uid defy the authority
of the United States. If one can he admitted
why not all? And will it be contended that if
the entire body had been composed of men who
bad usurped the functions of the Legislature
against the express provisions of the recon
struction acts, they could have complied with
the provisions of those acts so os to create any
obligation on the part of Congress to reoeive
their Senators and Representatives? Yonr
committee are of opinion that the act of June
25, 1868, which required that tho constitution
al amendment should be duly ratified most be
held to mean that it must he ratified by a
Legislature which has in good faith substan
tially complied with ail the requirements of law!
providing for its organization.
Mr. Hifl was, therefore, refused his seat, not
withstanding the very ablo and comprehensive
minority report, made at the same time by
your honorable chairman, to the effect that,
even admitting a number of members to have
been disqualified, there was not a sufficient
number of that character to render invalid (ha
proceedings of the body, and that, if the Leg
islature was properly organized when it eloctcd
Mr. HSU, the fact that it became subsequently
disorganized ought not to affect his election.
The opinion of the majority of yonr honora
ble committee, however, seems to haye been
sustained by the action of both houses of Con
gress and by the President in the passage and
approval of the aot of December 22. to pro
mote the reconstruction of the State of Geor
gia. That act provides for the re-assembling
of the persons declared to have been elected
by General Meade, to-wit: the same persons
who assembled and made the organization
whieh was inquired into by yonr honor
able committee in January, 1869, that the
reorganization shaE bo effected by tho
exclusion from its membership of all
persons who held office under the United States
or a State government and thereafter partici
pated in the rebellion, or held office muter a
government organized in rebeEion, Ac. It pro
vided, also, that the persons who were qualified
under this aot should proceed to reorganise, the
\ Legislature by the election of Us officers. Docs
not this determine in the most positive man
ner that in the opinion of Congress and of the
President, the old organization wss not only
not competent to “duly ratify the fourteenth
amendment,” but was not competent to elect
its own officers? and that neither Congress or
the President was bound to recognize its poUt
ical acta as entitling the State to representa
tion? And it is a very natural conclusion, that
if the old organization was not considered by
to have duly ratified the fourteenth
Ac., and in removing sheriffs who refused to
do their duty, and in appointing others in thoir
steady H the Logis fetnro was ever lawfully
| organized, though Congress might undertake
it, or. to reseat persons It'hadim-
expeUed, if would not und&takc to
order its reorganization.
There is. but one way out of the inextricablo
confusion and iEegality into whieh this effort
to sustain the election of Senators by the old
organization wiU lead, and that is to givo tho
I act of December 22, 1869, the frdl scope and
| meaning that was given to it by the President
< MjMHMriMrtwKttMMMMk
: rnand of the "district” of Georgia, to-wit t As
Congress
amendment in sneh a way as to bind Congress
to recognize such ratification, and had not
elected its own officers, if could not have duly
Heeled United States Senators.
NO BALT-WAY OSOUKD—E1THKB AN INDEPENDENT
STATE OB A PROVISIONAL GOVERNMENT.
There is no half-way ground in this matter.
Either the government of Georgia is “Provi
sional ” to-day, or the action of Congress in
passing the set of December 22, 1869, and tho
President's assignment of General Terry to
doty ss district commander under the recon
struction laws, cannot be defended. The act
of December 22, 1869, by aasuming that the
Legislature had never been legaUy organized
ipso facto, placed the State under the recon
struction laws. Such is the inevitable logic of
the requirement that then shsU be a new or-
i utilization, and such must be the interpretation
o justify the President's orders to General
Terry, and to render lawful General Terry's
acta trader those orders in interfering to pre
serve life and property, arresting and confin
ing assassins, noose-bornere, negro whippets.
. —. Geotxria,.
»wfisWWiuljject to
the reconstruction laws; still withpui any
“legal State government" competent to take
port in, or to be. recognized by, the Govern
ment of tho United States as a State govem-
Wc care bnt little for the irregularities of the
present organization, and are willing for it to
stand if Governor Bollock may not bo aUowed
to carry out his ruinous designs. If you shall
suffer everything that proceeded tho aetto pro
mote'reconstruction to be ripped np, and the
official terms to be extended, as the Governor
proposes, it will throw us into inextricable
confusion, and perhaps involve us in financial
rain. If you recognize the validity of the
Legislature prior to the expulsion of the color
ed members, let all tho acta of tho body up to
that time stand, admit the uresont S4>nnTr»r«
elect; and confine the official
limits prescribed by the ordinance of tho con
vention and the constitution, wo are con
tent, Ac.
It has never been proposed to extend any
officer’s official term, although there are plen
ty of Democrats in office in Georgia to-day
who have “extended their term" since tho
time when Jett Davis was elected President of
the Confederacy.
All that I have said upon that subject is that
when the organization of the Legislature shall
have been accepted by Congress, and the State
shall have been admitted to representation
and thereby become a State in the Union, that
then the members of the Legislature wiU en
ter os members de jure npon the constitutional
term for which they were elected.
The convention which framed the constitu
tion adopted an ordinance to provide for the
election of civil officers at the same time of
voting for or against the constitution, which,
in its preamble, says:
Whereas nil tivil officer* iff the State are only
provisional unlit this State is represented in Con
gress; and, whereas, the interests of Georgia
require that oil civil offices should be filled by
loyal citizens according to tho provisions of
the constitution being framed by this conven
tion vt the earliest practicable moment and for
the purpose of avoiding any.unnecessary delay
or loss of time and useless expense to the
State, Ac.
It was thus clearly provided that the persons
elected at the time of the ratification of the
constitution should simply be provisional offi
cers until the State was admitted to fall repre
sentation in Congress. AVhen that event snail
have taken place, they would then become the
officers of the State government in fact—the
constitution which had been ratified by tho
people would become of force by the recogni
tion of the State by Congress, and tho regular
terms of office would then be decided and re
stricted by that constitution.
Certainly no loyal man—no man who
the welfare and safety of the government es
tablished under the new constitution of Geor
gia at heart—can ask or wish to deprive hia
mends of the opportunity of carrying out, in
good faith and effectively, the provisions of
that constitution, the securing of equal justice
and equal rights before the tow for all of our
citizens, the opportunity to vote undisturbed
by the intimidations of Ku-klux nnaaggand
the establishment of free schools, as provided
in that instrument
DEMOCRATS CARE NOTHING FOB IRREGULARITIES
nr THEY GAN HOLD THE OFFICES.
It is quite reasonable that Mr. Caldwell
should say, speaking for himself and the party
opposing the reconstruction policy, whom he
now represents:
We care but little for the irregularities of
the present organization. If you recognize
the validity of the Legislature prior to the ex
pulsion of the colored members, admit the
Senators elect, <fcc.
For little do they care for anything, either
regular or irregular, if. the seating of Messrs.
Hill and Miller can only bo accomplished, and
their friends be permitted to go through the
farce of an election similar to the reign of an
archy and terror which is politely termed
“carrying the State for Seymour and Blair.”
WHAT LOYAL MEN OF GEORGIA ASK OF CONGRESS.
What loyal men ask and expect at the hands
of Congress is that the high position which
Congress has taken, in harmony with the Pres
ident, in putting down tho usurpations of the
Georgia rebels shall be maintained, and that
now, when an organization has been perfected
in accordance with the tote act to promote the
reconstruction of Georgia, whereby the local
legislative power rests in the hands of the
friends of the new system of government, they
shall be permitted to carry out the measures
which the people adopted in voting for the
Constitution; and thus, by their own legisla
tion, provide means for their protection, so
that when the colored members who were ex
pelled a year or more ago have held their con
stitutional term in tho Legislature, and the
regular legal time for the election shall have
arrived, it may be a free and fair expression of
political preference on the part of the votor,
whether he bo poor, ignorant, and black, or
rich, arrogant, and white—whether he be Re
publican or Democrat, Radical or Ku-Klnx.
The Republicans endured tho government
established by President Johnson in Georgia
for nearly two years beyond tho term for which
that Government was elected, and made little,
if any, complaints; and now why should the
Democrats of Georgia, through their mouth
pieces here, make such a terrible outcry against
a Legislature with a Republican majority whieh
does not propose to extend its term, but sim
ply to hold the term for which it was elected?
Why should these Democrats plead the
timO'Occupied with their revolutionary pro
ceedings, during which the government of the
State was provisional, should be now counted
against the term of the lawfully organized
body?
The answer is found iu thoir fear of losing
their power and control, and their opportuni
ty to longer obstruct the establishment of a loy
al Republican government in Georgia.
LOYAL LEGISLATURE WILL ENFORCE LAW.
It seems to serve the purpose of these people
who are endeavoring to prevent the state of
facts to which I have just referred, to allege
that I have “designs” which are “ruinous” to
the State, and that all sorts of foarful calami
ties will inevitably befall tho State if a Repub
lican Legislature is not checked and dispersed
with as little delay as possible. But where
can be found a safe foundation whereon to rest
a belief that a Legislature composed of men,
a majority of whom have risked their lives,
their property, and their good names in their
efforts to carry out the Congressional plan of
reconstruction and establish a Stato Govern
ment founded upon the consent of all the gov
erned, without regard to race or color, will toil,
to carefully guard and protect their own inter
ests and the interests of the people they repre
sent by promptly bringing up for investigation,
and, if found guilty, to punishment, any offi
cer of that government who fails or neglects
to perform his duty, or willfully violates the
laws by which he is to be controlled ? Are tho
friends of the new constitution less likely to
guard it and punish violations under it *>»nn
its opponents and its enemies ?
So tor as t am personally concerned it is
well known to my personal friends and to my
business acquaintances that I retain the office
I now hold at great pecuniary sacrifice to my
self, and there is certainly little comfort in
being the target of either billingsgate or bul
lets. But, as I have heretofore assured the
President and General Terry, I now assure
you, gentlemen, that my resignation is at their
service. My only ambition is to firmly estab
lish a Republican government in Georgia, and 1
if that can be promoted in the least degree by
my retirement, it will be a pleasure for me to.
yield the office. Rebel faultfinding and abn.se..
however, wiU never accomplish that result.
CONCLUSION.
I am unwilling to believe, nnd t)> Wn who
have risked their five*, their property, and
their good name in sustaining the great prin
ciples of republican liberty in Georgia are un
willing to believe, that this honorable eoru-
mittee will listen to or be controlled by tho
pleas presented here by tho enemies of good
government and the enemies of oar domestic
peace, even though they be presented, as they
now are, by representatives who have hereto
fore acted with yonr friends, and therefore
now hope the more effectually to forward the
purposes of their new found allies.
We believe that yonr action will be in har
mony with these great prircipies, and of a
character to sustain tho party which has up
held them. With such action, the friends of
good order and good government in Georgia
will soon disclose their ability to maintain
themselves.
If, however, each action should be taken as
will stimulate and encourage a renewal ot the
active hostility to the government and ita
friends which has now, since tho teto action
of Congrcra, in a great measure snbsided, we
shall hope that, upon a more thorough inves
tigation and full consideration of the peat
issues involved, the American Congress, which
has never yet failed to gallantly and consist
ently to uphold the right in the great struggle
which is now nearly dosing, and to nphold that
right, too, even when the most ^inskboos at-
matle against rt^will render ita verdict in favor
of loyalty and justice, and against treason and
treachery.
Until that verdict is rendered we shall labor
for the right, and with that verdict wc shall bo
content
I thank you, Mr. Chairman, and gentlemen
of the Committee, for the courteous attention
you have given me.
Mr. CaldweE, however, in his last paper be- Kansas is estimated to have two million and
fore yonr honorable committee, says: five hundred thousand acres of timber fend.
IB ACTION or ONE
ooNcumvs.
Nor docs tho fact that the Executive Depert-
ment and tho House of Representatives have
each indirectly recognized the government of
Georgia as a “legal State government,” and
therefore entitled to be represented in Congress,
at all militate against this view.
The point on which the Congressional
scheme ot reconstruction turns seems to be
■Ex-President Johnson contended that
when the Executiye had recognized a State
government as a legal State government there
was nothing to be dons to complete the pro
cess of reconstruction bnt for each house,
under its power, “to judge of the election and
qualification of ita members" to proceed inde
pendently, and decide upon the .admisaion of
the members of the several houses. And in
an elaborate mange he communicated these
views to Congress.
■ That body forthwith, by a joint resolution,
repudiated this doctrine, and deolared that
none of the fete rebel States should be entitled
to representatom until Congress so declared by
few.
If the House of Representatives of the For
tieth Congress, under a mistaken belief, caused
by false representations that the Legislature
had in good faith purged itself of ineligiblo
members, admitted to their seats the Georgia
Representatives without any declaration “by
few* having been made that the State was en
titled to representation, it was a simple aot of
one house, andnot in accord with the joint res
olution in which tho fundamental doctrine of
reconstruction was declared. Each honse is
the judge of the election and qualification of
ita own members, bnt neither house of Con
gress con by itself conclusively decide when
one of the late rebel States is entitled to be
represented in Congress.
ACTION or CONGRESS IN DECXMAXB aanm UPON
A rCLL UNDERSTANDING OF FACTS.
So soon as the facts of the Georgia matter
were made known and understood—so soon os
■to apparent that the Legislature of
Georgia had not boon legaUy organized—Con
gress, both houses concurring,adopted the act of
December 22, 1869, requiring the Legislature
to be reorganized. And this was done with
great unanimity, notwithstanding the previous
action of the House of Representatives, whieh
action by the Honse, as I have said, was in
duced by the political fraud perpetrated by
men whose character and intentions were not
suspected until their expulsion of the negroes
had directed inquiry into the manner of the
organization of tho Legislature, to ascertain
how it was possible for snch action to occur,
if men who were disqualified under the recon
struction laws had been excluded. Then it
was that tho facta were ascertained which led
to the report of yonr honorable oommittee in
I January, and the action of Congress and the
President, in December, 1869.^^^^B^H^B
LEGISLATURE OF 1868 NOT COMPETENT TO ELECT
SENATORS.
It is therefore clear that under the act of De
cember 22, 1869, and under tho orders of the
President by virtne of that act, and nnder the
proceedings of Gen. Terry trader those orders,
that Georgia was not entitled to representation
in Congress, and the Legislature of 1868 was
no more competent to elect Senators and or
ganize a State Government de jure than was
the Legislature of 1865-’6ti. In those years,
nnder the supervision of Presidont Johnson,
Mr. Jenkins was inaugurated os Governor of
the State. Tho Legislature was organized and
had two protracted sessions, and the military
jurisdiction of the United States was with
drawn. Two Senators wore elected; the thir
teenth amendment to the Constitntion was rat
ified, and from January, 1865, to March, 1867,
for all local purposes, and for snoh national
purposes as the President oonld oontrol, a
State Government wns in operation. Yet Con-
gttmu, by the ant of March 9, 1867, declared
that there was no legal State Government in
existence in the State, repudiated tho oloctian
of Senators, and, under its power to guarantee
each State a Republican Government, adopted
the Congressional scheme of reconstruction.
In close analogy to this. Congress, the law
making power, treating as inconclusive the
action of General Meade, os well as the action
of the Honse of Representatives of the Fortieth
Congress, passed the act of December 22,1869,
and this was supplemented by tho necessary
action of the President
Snch is the inevitable logio at what has been
done, and this inevitable logic must be an
swered before a' Legislature which by act of
Congress, has been declared incompetent to
elect ita own officers can ba held competent to
have ratified amendments to the Constitntion
and elected Senators to the Congress of the
United States.
OBDrNAUT LOCAL LAWS AND LEGISLATION VALID
ASDEVACTO.
It does not follow, however, that the ordi
nary local legislation of that body is not valid
os acts de facto until repealed by a legaUy or
ganized body. The local legislation of the
body in 1865-’66 has always been recognised
as valid until repealed, as well as the ordinary
legislation of the body assembled in 1868-’G9.
In order to defeat, if possible, tho fuU effect of
the action of Congress in upsetting rebel
machinations, the suggestion has been vigor
ously made that Stato bands were to be repu
diated, contracts violated, laws ignored, Jtc-
But this is mere bosh. The only State bonds
of Georgia which have been sold since the war
were issued under the authority of the Legis
lature of 1865, and these bonds sell for a high
er rate than those of any Southern State. Upon
this point I invite your attention to my com
munication to the Legislature of February 16
last, transmitted in the appendix “A."
■ SEATING TUE ELIOZBLE CANDIDATES.
Objection has heretofore been made by gen
tlemen who sought the attention of your hon
orable committee, to the fact that persons who
were qualified were awarded the seals claimed
by men who were disqualified. This, action
was taken by the body itself after it had reor
ganized, by the election of its presiding officer,
and by a vote which would not have boen
changed had the three persons who were by
General Terry decided to bo disqualified been
of its presiding officer,
the admission of these persons was the act of
that lawful body. My own opinion is that it
was in the power of toe General commanding
toe District of Georgia under the reconstruc
tion acts to have enforced snch action. Yonr
attention is invited to my views npon this
point, as embodied in my coreeepondeuce with
toe Major General commanding tho District of
Georgia, a copy of which you win find in the
appendix marked “B.”
I also invite yonr attention to tho views and
conclusions of General Terry upon this sub
ject, in appendix marked “C.” My impres
sion and understanding is that the majority of
the House hosed their action iu this matter
upon tho same ground token by General Terry,
and for the reasons therein set forth.
We sbonld keep in view toe fact that at the
election, when these persons who ore disquali
fied were candidates, the publicly-proclaimed
object of the porty with which they acted wns
to defeat the rocostruction policy by voting
down toe new constitution. To do this toe
more effectaaUy by bringing out their voters,
toe Democratic party nominated candidates
for every office provided for in the new consti
tution. Of’course, if their primal object—the
defeat of toe new constitution—was accom
plished, there would be no offices for their can
didates to fill; hence they were selected for
their popularity on their war record, without
regard to the ehgibility trader the few, al
though all parties had,been put on notice by a
general order from General Meade of what toe
aw fixed as disqualification.
My opponent was toe gallant Lientenant
General Gordon, who won his fame in the
Confederate army at Gettysburg and else
where, and so throughout the State candidates
wore nominated, not because they were qual-
fied to hold offioe nnder toe few; not because
tosir party expected or desired them to hold
office nnder toe reconstruction constitution,
but simply and solely to bring out votes by
their rebel- record against toe constitntion.
And I respectfuEy submit that the strict appli
cation oi the few and toe parliamentary rale
in these cases in declaring the election of
qualified men, becomes marked retributive
justice.
mobs or Caldwell’s kthretoesentatioks be-