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THE NEW ERA. VOLUME III. ATLANTA, GEORGIA, THURSDAY MORNING, MARCH 1870. t NUMBER 51 THE GEORGIA CASE 15 CONGRESS. ud Pr i VImil j historical foots aro necessary to l>e kept Jm in tii«* : niind. r Georgia.—] President Johnson, by his proclamation of Bullock and ill* Adminiitrau I June 17, 18Go, appointed James Johnson pro visional governor of Georgia. Mr. Lawrence obtained the floor. . On the 13th of Jnly the provisional governor Mr. Beck. Before the gentleman from Ohio l )r °vlainat:on for an election, U) be proceeds to address the House, I desire to send held on the firs- Wednesday in October, for to the desk to be rend nn amendment to tin members of a convention to revise the State substitute T hi»ve offered i COI^atutlon. The Clerk read the substitute n proposed 0n , tt ^ , 2 , 5Ul of .October the convention met, to be rectified, as follows : ordinane ? of . ““S£Mj3£l “lit it enadc&by the Senatemi Ousetf Hep- fto State mto cougressrouol distocts, aboh^cd resmtaOx'sef th?OUW Slat's of Arnica h dead ropua.a cd the rebel Cmgreet atScaVU, That the State of Georgia State debt and adjourned November 8. is entitled to representation in the Congress I On the l.r.h of Wmbju an dechon w. of the United States. And the Governor of j bold for Governor. IxtgifJatnr^State officers, said State is hereby directed to order an elec- ,ua ^ mfc t tion for members of Congress at any time not On the 4th sage of this act, to represent said the | B(jt r^ tAte Govermnrnt Congress decLared I to be illegal and it was illegal, as all the other present (Jongrcss of the United States.” J!fa I^m trdlv^to^wTtheqn'Sio’S: State **&*&•*&& JlliDOis (Mr *“■' ^“^^0“ worth) has put to me. ♦ bn c.*ntleman from Illinois. rMr. Farnsworth. 1 The bill reported from the Reconstruction Committee (H, R. No. 1335) to Admit the State of Georgia to representation in the Con gress of the United States, and now before the House, is in the same form ivs that which was passed to admit Virginia to replantation, and that for the same purpose as to Missis sippi, during the present session of Congress, and after the most elaborate consideration and debate. Those bills may be said to have de cided the policy of this Congress, and I have been surprised at the oppoaiifa now mani fested to this bill. Unless Georgia now stands in a materially different position from Virginia and Mississippi this bill should pass for the some reasons given in tlio discussions in rela tion to those Stub's. Before I come to that question I desire to say a few words as to the power of Congress to impose conditions on the admission of States. I will not repeat arguments already made, but pr« s. nt some additional authority in sup port of the power. The Congrc.->3 of 1787, Dj the ordinance of July 13 of that year for tht government of the northwestern territory, im posed “fundamental conditions’* npon the new States that should bo carved ont of it and thereafter admitted into the Union. They w i re embodied in articles of compact in the ordinance. Long after Ohio 6ame into the Union, Chief Justice Hitchcock of that State, 44 the first-born of the ordinance of *87," in the oaae of Cochran ts. faring, (17 Ohio reports, 425,) said: > ’ ^ 44 The principles declared in these-articles’* * • 4 4 * “are to prevail' not only daring the territorial government, but for all coming time. They must forever remain un- Mr. Hawkins. I would ask the gentleman if the condition was not imposed by the deed of oession of Virginia ? Mr. Lawrence. It was imposed by Congress in July, 1787. Mr. Hawkins. Could Congress hare set aside that condition which was imposed by the deed of cession? Mr. Lawrence. It was, nevertheless, im- po«d by the act of Con groan. Mr. Hawkins. I want to ask tlw gentleman distinctly if it was not inserted in the deed of cession by the State ? Mr. Lawrence. The deed of cession was made by Virginia to settle a disputed question as to whether that State had the right of soil, or whether the right to dispose of it belonged to Congress. I believe that some at the con ditions wen required by the deed of cession, as also by Congress, and we have by an act of Congress passed at this session imposed npon Virginia precisely the some conditions which she imposed npon Ohio and the other northwestern States. I now proceed with the discussion of the power to impose conditions. The power was affirmed in Hogg vs. Zanes ville Canal Company, (7 Ohio, 416.) And tha sonic doctrine has been hold by a jurist whoso name and fame stand side by side with Mar shall and Story, the illustrious Justice McLean, who, in Spooner vs. McConnell, (1 McLean's ItepuO . 336,) and iu Palmer vs. Cnyohoga Company, (3 Me Gan, 226,) decided lliat the ordinance was - "A binding coir,pact, not incompatible with the sovereignty which a State had a right to claim."—8 IVcstern (Ohio)Late Journal, 232. I know, in other days of the Republic, when the Supreme judiciary had folleu into the hands of "States’-rightir radges, holding politico-judicial opinions which finally led to secession, these 'doctrines were repudiated. (10 Howard Reports, 82.) Permoli vs. tbit Municipality, (3 Howard, 589.) Pollard ns. liman, (3 Howard, 212.) But npon general original principles of the Constitution, under the power to admit new States and to guaranty a republican form of government and to preserve that which Con gress has power to guaranty. Congress is the exclusive master of the means it will employ trader the solemnities of an oath to support the Constitution. Chief Justice Marshall has given this doc trine the sanction of bis great name, when he said: “The Government which has a right to do any act, and has imposed on it the dnty of performing that act, mast, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is ex cepted, take npon themselves the harden of establishing that exceptronT Bat now. under ths .now powers given to Congress, l>y the omendmsnts to the Constitu tion, all doubt is' removed and the authority is complete. Even before all these enlarged powers had been conferred npon Congress, on the 5th of March, 1866, my colleague, (Mr. Bingham,] whoso eloquence has so often thrilled the nation when he spoke in the inter ests of oppressed humanity, reported from the Reconstruction Committeo a joint resolution concerning the State of Tennessee, declaring her a State on “condition.” I ask the Clerk to read the resolution. ■ The Clerk read as follows: “ Resolved, <£e., [preamble,] Therefore, the State of Tennessee is hereby declared to be one of the United States of America, on an equal footing with tho ether States, npon the express condition that the people of Tennessee wili maintain and enforce in good frith their existing constitution and laws, excluding those who have been engaged in rebellion against the United States from tho exercise of the elective franchise for the respective periods of time therein provided for, and shall exclude the same persons for the like respective pe riods of time from ineligibility to office; and the State of Tennessee shall never assume or pay any debt or obligation contracted or in curred in aid of the rebellion; nor shall the Stele svsr far any ntmc claim from the Uni ted States or moke anyaUowance or compensa tion for slaves emancipated or liberated in any manner whatever; which conditions shall be ratified by the Legislature of Tennessee, or . the people thereof as tho Legislature may di rect, before this act shall take effect" Mr. Lawrence. Alas! for the State of Ten nessee, the Senate did not agree to the “ex press conditions.” The consequence, as we now painfully know, is that at last death has been Drought upon that State and woes innu merable. Loyalty still lingers, persecuted, de spised, affi-ightened within her borders, but its political power has— •'Gonr where th. woodbine twloetb, 1 If WSdo not adopt the “fundamental condi- jtions” eonUGj' si in the bill new muter discus sion, a similar fou. may imperil the lives and blast the hopes of Georgia. Let us at once and forever avert them. T bit bill provides, as ** fundamental conditions # * Second, That it shall never be lawful for the said State to deprive ajyr cjtjzen of the United States, on account of liia race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to quire of him any other qualifications for office than such as are required of all other citizens. Third, That the constitution of Georgia shall jiever be so amended or changed as to deprive nay citizen or class of citizens of the United Stott* of the school rights and privileges se cured by the constitution of said State. No existiiig act of Congress secures to Geor gia the benefit of these provisions, and for this reason we ought to p&»s this bill to secure jus tice and preserve our own consistency. So much upon the subject of fundamental conditions. And now why should we pe.-s ffcji bill ? Why is any bill necessary? Why not let each House of Congress judge of the elections, returns, and qualifications of its members, and thus restore the State to practical relations in ibe Union? To answer theso questions, some the gentleman from Illinois, [Mr. Farnsworth,] let me say just here that all tho other govern ments, provisional in character, set up or rec ognized under the reconstruction acts of Con gress, are or were just as lawful within the sphere of their operations as provisional gov ernments. as are the permanent State Govern ments which succeed them in pursuance of those acts of Congress. The State Govern ment so sot up in Georgia continued in opera tion, and while exercising within Georgia its functions the first reconstruction act of March 2,1867, was passed. This act provided for the election, nnder military supervision, of delegates to a convention to frame a new State Constitution. What followed we all know, and it has been summed up by a graphic pen in theso words: “Under this and supplemental acts an elec tion was held on the 2U1L, 30th and 31st o^Oc- tober, and the 1st and 2d of November, 1867, for delegates to assemble in Convention and to form a Constitution. The delegates then elect ed assembled in Convention at Atlanta on the Oth day of December, and after framing a Con stitution and adopting certain ordinances, ad journed on the 11th of March, 1868. “An election for the ratification of lira Con stitution so framed, for members of a Legisla ture, Governor, Ac., was held on the 20th, 21st, 22d and 23d days of April, 1868, [under Gen eral Meade's military order at April G," 1868,] nod resulted in %j ratification of th$ Constitu tion by a large majority of the voters, and also in the election of members of tho Legislature, Governor, to. “The result of this election mw proclaimed by the oouraurader of the district, in General Orders, Xo. 90/dated June 25, 1868."—Gorer- »or BuUoelS* Menage, February 2, 1870. (See Senate Rep. Com., No. 192,3d seas., 40 Cong., p. 5.) Rufus B. Bullock was elected Governor and a Legislature was elected. On the 25th June, 1868, the so-called “omnibus bil],” one of the reconstruction acts, was posset., providing for the admission to representation in Ckiugrraf tof North Oerdino, South Purina. Isjutebire, Georgis, Alabama and Florida st sonic indefin ite future time, in the discretion of Congress, after compliance by their Legislatures with cer tain conditions named in It On the 28th of Jane, 1868, in pursuance of power conferred by the first reconstruction act of March 2, 1867, the Provisional Governor in office was remov ed by military authority under which he was appointed, and Ruftu B. Bullock was appoint ed Provisional Governor by a military order, and by another certain duties were enjoined on him. I will ask the. Clerk to read the or ders. - The Clerk lead as follows: [General Orders, No. 9L] HiunquaiiiXi>, Tninn Miutitr Vomer, (Dtr'r or Geoboia, Fposida, asp Alabama.) Ati-Anta, Geoeoia, June 28, 1868. In compliance with telegraphic instructions from the Gencral-in-CnJef of the Army the fol lowing appointments and removals aro hereby made in this district: 1. Rufus B. Bollock, Governor-elect, to be Governor of the State of Georgia, vice Brevet Brigadier General Thomas Ii. Jttnger, United States Army.. rcEcv* d. The appointment and relief to date from July 4, 1863, the date of os- tetfiUaas of ills Ticglsiiluis of Ore State. 2. William M. Smith, Governor-elect, to be Governor of the State of Alahama, in place of R. M. Patton, removed. The appointment and removal to date from July 13, 1868, the date of assemblage of the Legislature of the State. ft A. J. Applegate, Lieutenant Governor- elect, to be Lientcnont Governor of the Slate of Alabama, to date from Jnly 13, 1868. 4. On being relieved of hu da ties as pro visional governor of tha 8tate of Georgia, Bre vet Brigadier General Thomas H. Roger, colonel thirty-third infantry. United States Army, will report at these headquarters for orders. By order of Major General Meade. B. C. Duck, Assistant Adjutant General. Official: E. D. Towxbesd, Adjutant General [General Orders, No. 98.] HxADbuASTkis, Tnnra Htutaby Disteict, (Dept, or Geoeoia, Florida sup Alabama,) Atlanta, Ga., July 3, 1868. Whereas, by virtue of the net of Congress which became a law June 25, 1868, and the proclamation of the Governor elect, issued in conformity therewith, drectrae the assembling of the two Houses of the Legislators bn the 4th inst; and, whereas, the usual mode of organ izing legislative bodies is in this instance im practicable ; Therefore, it is Ordered, That Hon. R. B. Bullock, Provis ional Governor of the State, prooeod at twelve M., on the 4th last-, to effect such preliminary organization of both Houses of the Legislature as will enable the some to enter npon the dis charge of the duties assigned then) bv law. My order of Mqjor General Meade, B. 0. Dsuw, Assistant Adjutant General- Official : E. D. Towxsxsn, Adjutant General Mr. Lawrence. Immediately after this, on the 4th of Jnly, 1868, the Legislature met for tho purpose, among others, of complying with tho conditions required by the act of Jnne 25, 1868. Now, for the purpose of ascertaining the exact status of Georgia at that time, wheth er her Governor, Legislature, and State officers were then officers of a permanent corporate State of the Union, or only of an inchoate ter ritorial or provisional corporate State, as law- fill for its purposes tf a territorial or other in choate State government, I wish especially, just at this chronological point in her history, to coll special attention to laws then and yet iq force. The first reconstruction act of March 2,1867, made this provision applicable to Georgia, "ml 6. That until the people of the said rebel States shall by law be admitted to repre sentation to the Congress of the United States, the civil governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount author ity of the United States any time to abolish, modify, control, and supersede tho same." Mr. Mayham- On the 25th of July did not this House declare that tho State had complied with all tho requirements of the reconstruction acts, and was entitled to representation npon this floor? Mr. Lawrence. This House did not so de clare. This House did at a given date admit Representatives from Georgia; and if tho gen tleman will do mo the honor to give mo his attention.during the remainder of my remarks, I will satisfyhim that this House cannot admit a State into this Union. . Mr. Jfryham. My inquiry is whether this House did not declare that tha State had so conducted itself as fo be entitled to represent ation npon this floor? Mr. Lawrence. This House has never made any such declaration, and I defy the gentleman to point me to any such declaration. Mr. Mayham. Did not the Homo admit the Representatives from Georgia npon tho theory that the State had complied with tho recon struction acts? Mr. Lawrence. The Honse admitted Repre sentatives from Georgia without any consider ation at nil. It was dono in ten minutes, with out debate, without consideration, and I wili undertake, to satisfy the gentlemen that the House, if it had dnly considered that subject, could sot by that or by any other act have re- atored a reconstructed State to its practical relations to the Government, Mr. Mayham. Does the gentleman mean that the Honse in the Fortieth Congress ilitj not os carefully consider the reconstruction acts • and the other may bo—claimants to represeu- as the House in the Forty-First Congress does? j tation in Congress. Each House is made by Mr. Lawrence. I do mean to say that that the Constitution the— act of the House of Representatives of the; “Judge of the elections, returns, and quali- Fortieth Congress was ill-advised and without! fications of its own members.” due consideration and that this Congress, by the net of December 22, 1S69, has expressly tion of a new State government iu nn unar- declarcd that that prior action was illegal. HI- _ !■» | . ■ preexisting one has been destroyed. It is not a power to judge between conflicting Stall governments, nor of those newly created, bn only of the elections, returns "aml qualifica tions of members sent from a State whose cor porate government has been established or ratified by law. Tina must b.- . Ifnut then the House may admit Be eminent of Georgia, and the Senate may admit Senators elected under President Johnson’s re organized State government: and thou we will indeed have— “Confusion worse coufonndeiL'* Shall we establish a precedent which will bring upon ns inevitable destruction? MTien some Suite, like California, organizes a gov ernment by a voluntary convention of her people, without law, may the Senate insist it is a lawful State and the Honse repudiate it because never admitted into the Union? No, no; tho power to admit new States mast be exercised by Congress. The power to guar anty a republican form of Government, under .v'Mpli State governments have been recou- ftmeted, to take the place of pre-existing ones destroyed, must ho exercised by Congress, , not by the discordant action of each House.. Hquse,-but ^ the J Xliis Honse cannot admit a new State or con- ...... . yer j prireWonol government existing under law into a State restored to its praetital rela tions in the Union. The Senate cannot do it; the two Houses acting separately cannot do it A provisional government existing nnder the authority of law can only cease to exist by au thority of law. A territorial government ex isting by law can only assume the character of a State government by law. The two Houses cannot by any separate action other than law make it so. We have had enough of this irregular action The Fortieth Congress has taught us a lesson, TheHonsoby hasty, ill-advised, and illegal "Shining on the fragments of a once glori oasjUnion; on States discortant, dissevered, belligerent; on a land rant with civil feuds, or high advanced, its arms and trophies stream ing in their original luster, not a stripe erased, nor polluted, nor a single star obscured.” ~ ' aras only a provisional State on th 4th of Jafy, 1868. The act of March 2, 1867 is in fores. She has never been admitted to ! I arv power. ”Mr. Lawrence, ar what I said? Mr. Farnsworth. I have heard it all. Mr. Lawrence. Has the gentleman forgot- representation by Congress, os that act re-w'"' 1 'he military order read at the Clerk’s desk quires. Every membe?rfCongre“s tebourn* . pointing Mr. Bulloch as the Provisional by that act; neigher House can properly disre ; ' l>f Georgia ? gardit; and Georgia to this day remains a : .Mr- Farnsworth. He was appointed Pro- provisional State, her officers provisional offi- ' 'isiond Governor before ho was dsotej Mr. Lawrence. I will como to that. r He Mr. Farnsworth. In the hill passed by Con ‘ ; first- appointed as Provisional Governor, gres3 last December I find this provision: “ Sbc. 7. That upon the application of t 1 V.-.-.WX AH U .A«/«A 41. A I A*.■ 1 I I - I Af 4]« A V Ii Governor of Georgia the President of the Ur the gentleman answered? . Mr. Mayham. Were the Representatives from Georgia who sat here in the Fortieth Con gress legal or illegal Represenntatives in this Mr. Lawrence. They were dr facto members from Georgia; bnt they bad no legal right here, because a provisional State Government con have no Representatives in Congress. Now let me call tho attention of the gentle man from New York [Mr. Mayham] and of the gentleman from Illinois [Mr. Farnsworth] again to the language of this act of March 2, 1867. Maik the words of the oct: “The civil State government shall be deemed nrovisionaT only until"—V. ken: Only until a Governor is elected? No. Only until a ■GovernoHsinau- gurated? No. Only until Rcn|H^HBkare admitted to this Honse? each House of Congress, d^^^^^HPtely, shall admit members? No. the State”—mark the language—‘HHlthe State shall by law be admitted to representation in Congress.” That is the langnrgo—Shall nr raw be admitted to representation in Con gress.” Until that time Georgia shall con tinue to be a provisional State by the express terms of the act of March 2,1867. I do not say Unit Senators and Representatives must be actually admitted Hqusc,. right of the State t^^^^NentaTicn," not one hut in both IIonsHIMH be determined, not by the separate action of each Hdusn, by law approved by tile President. Mr..Farnsworth. ll 1 -tSSRot interrupt the argument of the gentijmah— Mr. Lawrence. Ton do not interrupt me. Mr. FarnsnriJHli. Cannot that act of Con- gress be done in advance? Granot Congress in advance declare that a State shall be entitled to representation on the 1st of next Jnly, for instance? Jtr. Lawrence. Undoubtedly. Mr. Farnsworth. Very wclb Cannot Con gress declare that the State of Georgia shall be entitled to representation when it shall elect a Governor? Mr. Lawrence. Undoubtedly Congress can iy so. Mr. Farnsworth. In advance? Mr. Lawrence. Yes. Sir. Farnsworth. And when the Governor has been elected tho State is entitled to repre sentation as a State ? Mr. Lawrence. No, sir. Mr, Farnsworjli, It is not ? Mr. Lawrence, No, sir; one House cannot determine that fact so as to bind the other House, nor can on? Congress bind another. This House undertook to determine certain facts when in the Fortieth Congress it admitted to seats npon this floor Representatives from the State of Georgia. Bat the Senate did not feel bound by onr act, and refused to admit Senators from that State. Congress might, as n tho case of the admission of Nevada andNe- noskti, delegate to the President the power to determine when a State had dono a partic ular act to entitle it to assumo the position of a State. As to thoso States tho President was authorized to announce by proclamation the fact that the Legislature of each State had com plied with certain conditions. The facts thus ascertained and announced ipso facto com pleted tho admission of the States. Mr. Farnsworth. That is not the point I did-not say one House could do it bnt I asked whether Gongress conld not in advance de clare by law that Georgia should be entitled to representation when it elected a Governor. Mr. Lawrence. Congress undoubtedly can put anything in a law which it chooses. It can say in an act that when a State has dono a certain thing jt shall be entitled to representa tion; but it cannot bind a subsequent Congress to carry into effect the stipulations of that act Mr. Farnsworth. Another question. Sup- Jose that Congreas should declare that upon tho election of a Governor a State shall be entitled to representation. Congress then ad journs, and during the vacation the State elects a Guvernor. Is not the State then a State en titled to representation? Mr. Lawrence. A provisional State govern:- ment would not become a State until Congress had determined the existence of the fact upon the existence of which it was to become a State; and I will show the gentleman from H- linois [Mr. Farnsworth] as I progress with my remarks, I think, that no such state of facts exists us to Georgia, and that there is no snch law In regard to that State. Mr. Jones, of Kentucky. Will tho gentle man allow me to ask him o question? Mr. Lawrence. Certainly. Mr. Jones, of Kentucky. I desire to ask the gentleman if ho means to say that after the State of Georgia, for instance, has been re admitted into the Union is it necessary that a law should pass this House or the other House that she is entitled to representation? Mr. Lawrence. Oh, after a State has been admitted by law, then no further action is necessary except for each House to pass upon the election returns and qualifications of its members. Mr. Jones, of Kentucky. It is a State by right? Mr. Lawrence. Yes, sir; bnt that does not happen to be tho condition of Georgia. I now proceed with my argument. The first step in Congress in the great work of reconstruction, derided that neither House of Congress could recognize a reconstructed State; that this could only be done by some joint or concurrent act of both Houses. On the 21st of February, 1866, a resolution, found in the fifty-seventh volume of the Globe, page 966, passed by the sanction of the great name of my eloquent colleague, (Mr. Ring- ham) so declared. I ask the Clerk to read it The Clerk read as follows: “Be it resolved, Ac., That in order to close agitatton pi) a question which seems likely to disturb the action of tho Government as well as to quiet tho uncertainty which is agitating the minds of the people of the eleven States which have been declared to bo in insurrec tion, no Senator or Representative shall be ad mitted into either branch of Congress from any of said States until Congress shall have de clared such Stale entitled to such representation. Mr. Lawrence. “Until Congress shall have declared such State entitled to representation.” I ask the reporter to put theso words in italics: Cilia Congress shall have declared such Stale Jitled to representation." That is the ground work of all oni reconstruction, Mr. Farnsworth. And Congress so declared in 1868 in reference to Georgia Mr. Lawrence. I beg the gentleman’s par don. Congress has declared no such thing in any law. The next step announcin'- tho same princi ple, and for which my colleagno [Mr. Ring- ham] again gave his vote, was the resolution of Jnly 23, 1866, restoring Tennessee to her relations to the Union, which I will ask the Clerk to read. The Clerk read as follows: li Jjt it resolved by the Senate resentaiives of the United States of America in Congress assembled. That the State of Tennes see is hereby restore4 to her fornjer proper practical relations to the Union, and is again entitled to be represented by Senators and Representatives in Congress. ” Mr. Lawrence. That gives construction to all the laws wc have passed in relation to these States. The laws declaring that the States should be admitted to representation when they had done certain things were merely de claratory of the purpose Congress then had ir view, bnt did not operate of themselves to bring any State into the Union. It was in the light and spirit of these two resolves that the act of March *2, 1867, was passed, and in their purpose it is to be construed. Then, npon the authority of this act of March 2, 1867, Georgia was on the 4th day of July, 1868, a provisional State only. Her Gov ernor and other State officers were provisional only; and npon every principle of constitu tional law Georgia must remain in that condi tion until by some act of Congress, or concur rent resolution, or declaration involving the mutual assent of both houses of Congress and opera ting in nrccssnti, slje js qcjmjtted iqto the Union, or, what is the same, restored to repre* sentation. A few words will make this clear. Congress so determined in the reconstruction acts and resolves to which I have already al luded. The old State Government of Georgia was destroyed by the rebellion, utterly anni hilated. President Johnson, as I have shown, set up a State Government, with a Governor, Legislature, State and other officers. Con- enter upon t greas denied its validity and authorized the which they have been respectively elected when reconstruction of another Stutc Government i authorized to do so by acts of Congress or by the oil) of Jbese have been—one of them is now, | order of the general commanding, and shall ganized or an organized Territory, nor if the two years. And nnder article four, section reconstruction of a State government where a one, the Governor is entitled to hold Iris office But this is not a power to judge of the crea- continue in office till the regular succession provided for after the year 1868 and until suc- c essors are elected and qualified,” Ac. The constitution of the State, article throe, section one, provides that State Senators shall i-e elected part for four, part for two years; ambers of the House of Representatives for four years. It is then provided, in article leven, as follows: i “Should this constitution be ratified by the people, and Congress accept the same with any qualifications or conditions, the government Serein provided for and the officers elected •hall nevertheless exist and continue in the ex- Jpe of their several functions as the govem- clectc-d under the reconstructed Bollock gov- j tent of this State so for as the same may be «Lusistent with the action of the United States i 1 :he premises.” The officers, including tho Governor, as we L‘ e seen, were, by the military commander, % ^pointed provisional officers after their elec- ! III. This House is now os topped from denying ha | Georgia is provisional only. The act of 3 December 22, 1860, to promote the reconstruc tion of Georgia, treat it as provisional. It re quires tho Legislature to be convened, which las been done nnder military supervision, and l ie organization perfected by excluding cer- ; vin ineligible members and by admitting oth- entitled to seats, bnt who had beenpre- TTously excluded. It then provides: » “ Sec. 8. That the Legislature shall ratifiy o th: •; • i :.mt proposed to the Con- v -itntion of- the Unxtto& j&ates before Senators • :»u representatives from Georgia are admitted t i seats in Congress.” On the 4th of January, in pursuance of the reconstruction act of March 2, 1867, an order was issued with the approval of the President, which I will ask the Clerk to read. The Clerk read as follows: ~ [GonenU Orders, No, L] Ifr.A DQUAKTEES 07 THE ABUT, Adjutant General’s Office, Washington, January 4, 1870. . By direction of the President of the United States, so much of General Orders, No. 103, Aj-rawj, AAA^raa ^ated Headquarters Third Mffitanr District, action admitted Representatives from Geor- ^D^P^rimentof Georgia, Florida and Afohama) goon the 25 th of July, 1868. The Senate re- “S ^ fused to receive Senators, and the retort of the Judiciary Committee on the 25th of Jana ary, 1869, demonstrates tho wisdom of thei. course. (Senate Rep. Com. No. 192, 3d " 40th Con".) Warned by these examples and these datte gers this Congress, before admitting Senators or Representatives from Virginia and ‘ of General Orders, No. 55, dated Headquarters the Army, Adjutant General’s Office, jshington, Jnly 28, 1868, as refers to s' State of Georgia is hereby counter- ^ fanded. Brevet Major General Terry Vill, until farther orders, exercise within uat State the powers of a Commander f a Military District, as provided by the act ripS^dTkTcTfm enchr^mnsirz! '^-ch <18W, andthefts supplementary to the Union. Let ns now pursue the same ( by&meralOr- policy ds to Georgia, and make this by precept C‘]«? W, dated Hawlqaarters of too Army, and practice, as it is by tho Constitution, nia^ Adjutant General s Office, Washington, De- alterable law, or in tho near future we may, i* ' !! jher -4, 1869. the language of Webster, behold the sun to the! I! ? command of General Sherman. • - K-D. Towss?»n, Adjutant General. Mr. Lawrence. Hero, then, the president by this order, up to this Sour, recognizes drenched, it mjiy be, in fraternal blood." PT tots order, up to this hour, recognizes But if wo pursue the path our fathers trod, » provisional State, subject to the muked out by the Constitution itself, hallow- ket of March 2, *507. _ ed with the memories of its earlier years, we *^ r - * a ms worth. The present officers were may continue to greet the— ! '' kctcd as officers of the State of Georgia in ‘Gorgeous ensign of the Republic, still full i pursuance of the act of Congress. The pro- a,1-c«aa,] trA^jao ofvxxAw, I visional officers were ammointed by tho mill- isional officers were apppointed by the tnili- Hns my friend foiled to • and he continued to bo tho Provisional Gov- ' eraor by express provisions of the act of March ?2, 1867. ted States shall employ^guch military or nava^f Mr. Beck. Let mo make a suggestion.— forces of the United States as may bo ne'v. r - ; 1 <s_thc- gentleman from Ohio know tha gen- ry to enforce qnd execute tho preceding pr >- C man from Massachusetts [Mr. Butler] yes- TjstoDSOf thtsqct.” ' . i ■/. amini:ueed that oqr got of December 22 Con toegi'utieia in n >m Ohio point. >ne fo 'id noMieeiaro fjcoigi..-a;: a provi-Jcmal cov- any instanco in which wo have authorized tho errunent? Is it not true, iu tho report of the President of too United States, on the call of' Senate Judiciary Committee, which I hold in a provisional Governor at a State, to give mil- toy hand, made by Senator Edmunds, that it itary aid in this manner? Mr. Lawrence. Mr. Speaker, by the act of March 2, 1867, and toe supplemental recon struction acts, we authorized the exercise of toe military power without even the request of a Governor. Mr. Farnsworth. Precisely. Mr. Lvwrence. And by toe same power we can authorize its exercise when demanded by a provisional governor. All that matter is within our control. These States, until ad mitted to representation in Cong-as, areas clay in the hands of tho ]>otter: wc con mold them as wc please and do with them ns we, please, Mr. Farnsworth. If my friend from Ohio [Mr, Lawrence] wore only “clay to the hands of the potter! ’ Mr. Iawrence. I am not, thank God! Mr. Farnsworth. I know we hare author ized toe President to appoint military com manders of these districts, and we have put- the military force under toe control of these commanders, not under toe control of toe pro visional governor; but what I wont to know is 1 where, in any of these provisional governments which he talks about, have wo authorized, a provisional governor to take command, or pro vided Unit upon his call the President shall supply him with the aid of the Army and Navy of toe United States? One word more. The constitution provides that toe President, upon toe call of toe Gov ernor of a State, may aid him with the military power of toe United States; but such aid can not be extended upon the coll of toe Governor of a Territory, nor upon toe coll of a provi sional governor. In this instanco the military officers were the provisional governors, and they appointed toe other governors. A single remark further. In toe law which we passed in 1868 we absolutely directed that all the State officers elected under the fitote Constitution should be inaugurated without delay. I want to know whether they were pro visional? Mr. Lawrence. I am glad that my friend from Illinois has asked me this question; for it gives me on opportunity to say xome tilings which I might otherwise have forgotten. I am always willing to meet every question fairly and squarely; and I say to the gentleman now that we have not in any other act provided for toe exerciec of military power npon the request of the Governor of a State. But we conld have so provided. The fact that we have not done so m any instance proves nothing as to the status of Georgia. In effect the very language quoted by the gentleman from tho act of last December shows that Congress did dot regard this as a permanent State organization, hut treated it as a provisional State government. Why, sir, when, according to the provisions of the Constitution, may the Governor of a State call for military aid from toe President ? When the Legislature cannot be convened. It is only then that the Governor may call on the Pissin imt for military aid. But utterly ignor ing that provision of the Constitution, this bill says that tl)o igQitqry power pf toe United States may bo exercised npon the request of the Governor, and withont consulting toe Leg islature, as we would be bound to do if Geor giy had been a permanently organized, recon structed, and restored State, Is toe gentle man answered ? Mr. Farnsworth. Yes, badly answered. Mr. Lawrence. Yes; very badly, for him. Why, Mr. Speaker, any gentleman who sup poses that this Congress, or toe President dur ing this Congress, has treated toe State of Georgia as a permanent State government is oblivions to toe facts of history, and has foiled to read toe Constitution. Bnt is further proof needed that Georgia has only a provisional State government? I will offer some more, to which I invite too attention of the gentleman from Illinois. On the 10th of March, 1868, the Georgia Con stitutional convention passed “an ordinance to provide for the election of civil officers.” Under this, on the 20to of April, 1868, toe present Legislature, Governor Bollock, and other State officers and Representatives in Congress, now in offioe, were elected. That ordinance is in part in these words: “Whereas all civil officers of this State are only provisional until this State is represented in Congress,” &c. Then, after providing for the election, it is declared that— “The person so elected or appointed shall enter npon the duties of tho several offices to is unanimously declared that toe aots of Gen eral Terry undertaking to declare it provisional were palpably illegal? The committee say they do not understand how it conld be other wise. Mr. Lawrence. The gentleman from Mas sachusetts did not declare that Georgia was not made provisional by the act of 1869, but when Congress passed that act Congress recog nized it as provisional. Mr. Farnsworth. Where? Mr. Lawrence. The passage of tl)e get treated the State as provisional. It is utterly inconsistent with the idea of a permanent State government, and Georgia cannot be any thing else bat a provisional government while Uis stlbjeet to this am] other reconstruction acts. Mr. Beck. The Senate Committee on the Judiciary say in this report: “And in this connection it is worthy of no tice that when tho act of December 22,1869, was trader consideration tins oommittee re ported it with a provision making toe Legisla ture ‘provisional ’ until the further action of Congress^ and that provision was rejected by Mr. Lawrence. That report of the Senate Committee on toe Judiciary, like many other reports emanating from that as well as this body, does not settle anything, ft ie only too opinion of toe man who make it We struck ont toe provision relative to toe provisional character of the State because it was unnees- sary to declare what the act itself declared sufficiently without it Mr. Farnsworth. That act was toe act of too Senate. The Senate passed it first and sent it to toe House. They put their own construc tion on it by striking out “provisional.” Mr. Lawrence. I have not read toe repqrt of toe Senate Committee; and let me say totoe gentleman, in an undertone, that they have not read my speech yet [Ixiughter. ] Mr. Farnsworth. That is unfortunate for them. Mr. Inwrence. I know it is. They will withdraw their report when they read my speech. If they do not I do not know what is to become of them. Bnt seriously, wo know that in toe matter of Virginia and Mississippi toe Senate overruled the opinions of the Senate Judiciary Committee, and while I have great respect for the able lawyers who compose that committee, it is possible for them to bo mis taken. And besides I do not understand that toe report controverts toe views I have ex pressed to-day. Mr. Farnsworth. Before the gentleman sends his remarks to toe Senate, I call his attention to this provision of the act of Jnne 23, 1868: “Sec. 3. And be it further enacted, That the first section of this act shall take effect os to each State except Georgia when snch State shall, by its Legislature, dnly ratify artiole fourteen of toe amendments to the Constitu tion of toe United States, proposed by the Thirty-Ifmth Cqngress, and as to toe S&te of Georgia when it shall in addition give the as sent of said State to the fundamental condition hereinbefore imposed npon toe same; and thereupon the officers of each State duly elected and qualified nnder toe constitution thereof, shall be inaugurated without delay.” Mr. Lawrence. Certainly; the officers elected were entitled to be inaugurated. But nnder the act of March 2, 1867, they continue to be provisional only, and subject to removal as snch by military authority. The military or der made by toe President, which has been read, is an assertion of the power. Mr. Farnsworth. In pursuance of that pro vision those officers were inaugurated withont delay. And when in accordance with the farther provision of toe act that it shall be toe dnty of the President within ten days after re ceiving toe ratification of the said amendment by the Legislature to issue a proclamation announcing toe fact, this was done also; toe President issued his proclamation. Now to say that those officers were provisional only is certainly absurd.' Mr. Lawrence. Well, Sfr. Speaker, I will answer all that These officers were inaugu rated, but by the express terms of the law they were provisional, no matter how they were inducted into office, nntil the State was admitted to representation by law. These are the words of the act Mr. Farnsworth. I desire toe gentleman to remember also that when Mr. Bollock, who previously had been appointed provisional governor, was inaugurated after the passage of this act, the titlo of “provisional governor" was dropped, and ho xras inaugurated as Gov ernor. Mr. Lawrence. Bnt it so happens that Mr. Bollock could not transform himself from a provisional governor into a real live Governor of a State. And the Legislature of Georgia could not exorcise that wonderful transforming power, os I shall show toe gentleman, if he will listen to me. Mr. Farnsworth. Bnt wo authorized it. have read tho words of the act Mr. Lawrenci^The words which tho gontle- tleman read conrer no such authority. And now Georgia has either a provisional or a per manent State government, with officers alike designed to be provisional or permanent If these have passed from toe preparatory pro visional territorial condition, let mo ask when and how? I will notice the claims in this respect L It is said Gedigia complied with the con ditions required by too so-called “omnibus re construction set ” of Jane 25, 1868; and by the terms of that act toe State Government was transformed from provisional to permanent That act provides that Georgia— “Shall be entitled and admitted to repre sentation in Congress as a State of the Union when the Legislature of such State shall have duly ratified”— The fourteenth article of amendment to the Constitution on toe “fundamental conditions’ that the constitution shall not be changed to abridge toe right of suffrage, and that a provi sion of section seventeen of article five shall be void, and that too General Assembly shall declare the assent of toe State to toe conditions. [Here toe hammer felL] Sir. Ixiwrence. I ask the unanimous con sent of toe Honse that I may be permitted to finish my remarks. There being no objection, the gentleman was allowed to proceed. Mr. Lawrence. This act does not, npon its passage, eo instanti admit toe State. No one pretends that the Legislature in form complied with toe required conditions of toe act, bnt toe Judiciary Committee of the Senate, by a report mode January 25, 1869, decided that neither Honso can admit a State; that power belongs to both; to be exercised by law. II. It is urged that General Meade, bv bis dispatoh to the President of July 83, lGGsf sold that the Legislature hfld— “complied with toe requisitions of the act of Congress which became a law June 25, 1868”— That he had that day— “witnessed the inauguration of toe Governor elect’’— And (hat— ‘the State of Georgia is, therefore, nndor the acts of Congress, entitled to representation.” And that this was in effect approved by toe President’s order. No. 103, of Jnly 28. (Sen ate Rep. No. 192—3d Sess., 40th Congress.) It is enough to say in reply to this that Gen eral Meade conld not admit a State nor decide for Congress what the State was entitled to. The Senate, after all this, refused to admit Senators. Congress, by the oct of December 22, put top State )n a process of military re construction, held it was only provisional, and the President’s military order of January 4. 1870, adopted this view, and revoked the order No. 103 at Jnly 28, 1868, leaving tho State provisional, and nndor toe very words of toe act of March 2, 1867, so to continue “nntil the people of said State shall m law be admitted to representation" in Congress. And it never has yet been “by law” admitted to representa tion in Congress. m. It is alleged that this Honse admitted Representatives from Georgia, and then its provisional character ceased. The proceeding will be found in tho Congressional GloRe, Vol ume slaty-nine, pages 4471 and 4473. and is as follows, (Jnly 25i l8G8:) “Mr. Dawes reported: I am instructed by the Committee of Elections to report back the resolutions of tho Legislature of Georgia rati fying the fourteenth article of amendments to toe Constitution, with tho recommendation that they be filed in the State Department ‘It was ordered accordingly.” * * * * ‘Mr. Dawes. I am instructed by the Com mittee of Elections to report back the creden tials of J. IV. Clift and C. H. Prince, meglbera- Icet free) the State of Qoorgia. That State laving ratifieil the fourteenth amendment to the lAu..:;::::; n, an ! : n ill 1 th. - r :p. cts hav ing conformed to the requirements 8MSW in regard to tlw wttaWfaO W ftM State, these gentlemen will take the oath prescribed by the act of July 2, 1862. •The report was agreed to. ‘Mr. J. W. Clift and Mr. 0. H. Prince ac cordingly appeared and were dnly qualified by taking toe oaths prescribed by toe act of Jnly 2, 1862.” It is enough to say in reply that this House cannot admit States into the Union, nor decide for the Senate when a reconstructed State has complied with toe law of Congress- This whole proceeding was hasty, without consideration by the House, and has hecn condemned by toe action of the Senate and by the act of Congress of December 22, 1868. Mr. Mayham. Will toe gentleman yield to mo for a question? Mr. Lawrence. Gerlqinly, Mr. Mayham. I understand the gentleman to say that this action on toe part of Congress in July, 1808, was hasty and inconsiderate.— I would ask too gentleman, would it ever have been reconsidered had not the Georgia Legis lature rejected from scats in that body the col ored representatives? Mr. Lawrence. I think God in His provi dence permitted toe rebels and bad men of Georgia so to demean themselves os finally to bring ns to a sense oi onr dnty, and to enable us to do what we shoqiq bftYC fiqne before. It is not the first time in history when this thing Mr. Jones, of Kentucky. Will the gentle man allow me to put a question ? Mr. Lawrence. Certainly. Mr. Jones, of Kentucky. I desire to ask toe gentleman, when the State of Georgia was counted in the election of President at that desk, at toe joint session of tho two Ilonscs, if it had not boeq agreed by the Senate and toe Rfqqse that the vote of Georgia should be counted, and was it not counted bn toe basis of her representation as a State ? Mr. Lawrence. The gentleman from Ken tucky win remember that tho vote of Georgia was counted under a resolution which provid ed that the presiding officer of the Senate shonld announce that so many votes were cast without Georgia, and so many votes with Georgia, and that in either event General Grant was elected President of the United States. And in any case that decided nothing, for that joint convention of the two Houses, even in all toe plcntitode of its power, conld not admit a State into toe Union. Mr. Eldridgc. If the gentleman will per mit me, I have also a question I wish to pro pound to him. I wish to inquire of the gen- tlema.U from Ohio, [Mr. Lawrence,] and I want a specific answer to the question which I propound to him. I depend on his answering it with toe candor and honesty of a gentleman, ♦),;» House would ever again have interfered with Georgia, to re-reconstrnet her in any manner whatever, if she had seat hero a solid, rudioab fonatieal". Republican representation. Mr. Lawrence. I will answer toe gentle man's question. If Georgia had sent here to both branches of Congress a regular radical Republican set of Representatives and Sena tors, as she ought to have done, but had also oxcluded colored Republicans elected to her Legislature, this Congress would have put Georgia as it did. for that crime against the Constitution, and God, and humanity, nnder military control, and reconstruct her as we did. Mr. Eldridge. My friend is so metaphysical that I must say I have not quite comprehended his answer. I wish he would give me a spe cific answer to my question; whether he be lieves, if toe State of Georgia had so conduct ed herself us to have elected to both branohes of her Legislature a Republican majority, and to have sent a majority of Republican Bep'rel sentatives to the House of Representatives of tho United States, and Republican Senators to the Senate of the United States, that the idea of re-reconstruction would ever have occurred to himself or to the rgoat radical op fonatjcul he candid with the gentleman. If Georgia ha3 not 0XoMe4 ille gally and unconstitutionally the colored Re publicans from her legislature I believe the attention of Congress would not have been called to the irregularity of addmitting Repre sentatives and Senators, and Representatives and Senators would have been admitted from Georgia just as from South Carolina, North Carolina, and the other States named in th e omnibus bill. But that does not settle ft* question of constitntioniil Iqw as what is to 0 Mr. Eldridgc. My friend will allow me to give him my opinion upon that qnostion. I believe it is solely and exclusively a party question, and that the only reason for reeon- strncting Georgia is because she did not send ft Republicftn majority of Representatives to this House, because sho is a Democratic State. Mr. Lawrence. Well, Mr. Speaker, I have endeavored to act npon this subject as npon all others, according to my convictions of dnty, irrespective of party politics; bnt if I err at all npon a question of this sort I shall go with too Republican party and cast my for tunes with it. The Republican party has done more for the people of this country than any political party that ever lived in it, save only that glorious old party which organ ized and founded toe Republic. It was the Republican party that took posession of the Government of this country, with a ban]erupt Treasury and with a full-grown Democratic re bellion on its hands; and by toe grace of God and toe power and virtue of the people it sup pressed that rebellion, it abolished slavery throughout the length and breadth of the Re public, and at last it has done on act approved of God and man, by conferring universal suf frage npon all toe male adult citizens within the limits ot onr broad Republic. It has done more for the interests of humanity and of mn than any and all parties in this or any other Government in toe history of the world. Mr. Eldridge. H the gentleman will tell me how he can pay toe debt which the Republican party has imposed upon this country and not have another bankrupt Treasury I shall be very glad to hear from him on that point Mr. Lawrence. I have no doubt that toe f mtleman needs to be enlightened, and when can get the floor I shall make a speech on that very question, and inform too gentleman how ho can pay the debt caused by the Demo cratic rebellion. Mr. Eldridge. I thonght toe gentleman had toe floor. Mr. Lawrence. I have not the floor to make a financial speech, bnt I will say that we wonld pay the debt in part by revenne raised from a tax on whisky, and make the Democratic party contribute their share in that way. [Laugh ter and applause. ] Now, Mr, Speaker, one word more os to what toe Republican party has done. It was my good fortune to he m toe Senate of toe United States on toe 25th of February, 1869, when toe crowning achievement of the Repub lican party was consomated. When I went into the Senate there stood Charles Sumner, of Massoohnctts, proclaiming in thunder tones that the best mode of illustrating onr belief in the sublime doctrine of the fatherhood of God is to practice the principles of toe brotherhood of man. When those grand utterances had follen from his lips the vote was taken, and it was determined that Hiram R- Revels, toe Senator from Mississippi, upon whoso head an African sun had burned, should take his seat in that Chamber. And there sat Cameron, of Pennsylvania, who in 1861, when Jeff. Davis bade farewell to toe Senate, wont up to him and said, “Yon are going out of this Chamber forever; war will come, and before ten years a subaltern in the army will be President of the United States, and the scat which you have now made vacant will be filled by a loyal American citizen of African descent The place of the traitor will be filled by a loyal citizen, and slavery will have perished for ever.” That prophecy has been fulfilled. Grant is President, and the seat of Jeff Davis is filled by a representative of that downtrodden raco doomed for centuries past to tho wrongs of the ipfionoos and ever-to-be-detested, execra ble system of slavery—toe “sum of all vil lainies”—that compound of every wrong which man can inflict npon man. It is the crowning glory of toe Republican irty that it has not only given freedom to the ack race of this continent, bnt that it has clothed them with all the rights of manhood and with eqnal political privileges with all too children of God throughout the length and breadth of this Republic. And now I proceed to discuss the question whether Georgia is a permanent State in this Union or is only provisional. IV. It is said that on toe 22d July, 1868, i.uUocir was inaugurated-as Gov ernor, and for a time acted as Governor of a State. His inauguration is recorded in the honse journal of Georgia, which I ask the Clerk to read. Mr. Beck. I do not want to limit the gen tleman; but toe gentleman from Wisconsin [Mr. Payne] has to speak after me. I said I wonld yield for ten minutes. Mr. Paine. So for as I am concerned, the Honse need not limit the remarks of the gen tleman from Qlrio, [Mr. Lawrence,] The Speaker pro tenynre. The gentleman from Ohio is proceeding by unanimous con sent Mr. Lawrence. I ask the olerk to road. The Clerk read as follows: •Juipf 22, 1868,11210 o'clock, a. m. “The House reassembled. ’ “Mr. Hudson, of Harris, offered too follow ing resolution, which, on motion, was taken up, read, and adopted, to-wit: “Resolved, That the Clerk bedircctcd to in form the Senate that toe House is now ready to proceed with the inauguration of the Gov ernor elect. ■The Senate, together with tho Governor elect, General Meade and staff and other dis tinguished gentlemen, attended in toe Repre sentative Hall, and toe hour of twelve o’clock, At having arrived, Hon. R. B. Bullock, Gov ernor elect, proceeded to address the General ‘At the close of which the oath of office was administered to him by Hon. John Erakine, Judge of the United States District Conrt, and ho was declared toe Governor of the State of Georgia for the ensniqg four years. “On motion, the Senate repaired to their chamber, and toe Honse adjourned until ten o’clock, a. M., FridaynexL” Mr. Lawrence. Rut neither the Georgia Legislature nor Governor Bollock, by any mis taken view the law, oonld admit a State, transform a provisional into a permanent State government, or transform a Governor, made provisional by express act of Congress, into a full-grown Governor of a permanent State. V. It is claimed that Georgia, by ratifying the fifteenth article of amendments to the Con stitution of toe United States, has become a State. Her Legislature has ratified the fifteenth amendment, bnt that is only a compliance with toe law, and does not ipse facto admit the State, The act of December 22,1869; says tho State »bqp ratify toe fifteenth amendment— “Before Senators and Representatives from Georgia are admitted to seats in Congress.” The Honse cannot decide for toe Senate that even this has been done. Mr. Hawkins. Can anything but a State ratify an amendment to the Constitution ? Mr. Lawrence. That is a vary proper inqui ry, and I will answer it in a tew momenta, at the same time that I answer some ques tions put to mo by the gentleman from Illinois, [Mr. Farnsworth,] of which I have notes be fore me. I proceed with the point I was discussing. The act of March 2, 1867, remains in force, binding the Honse and Senate and all the members, and declaring that Georgia ahull he provisional until admitted “bylaw.” The act of December does not declare that when the fifteenth amendment is ratified toe State shall co instanlcr or ipso fado cease to be provisional and entitled to representation. It only fixes that as a condition which shall be complied with before Congress will act on the subject of admission. Mr. Hawkins. Does tho gentleman main tain that Georgia was not a State when aha ratified the fifteenth amendment? Mr. Lawrence. A prq\asiohal State only. But; as I have wiid-1 Wall answer, that question more fully in a very few moments, when I come to answer the gentleman from Illinois. If I do not answer the gentleman satisfactorily I will yield to any further question ho may ask. I proceed with the point 1 was discussing. When Congress does act on too subject of ad mitting toe State tff Georgia, it must he by a law, for m that way only oan a State made pro visional by law be transformed into a perma nent state, Law must be met by law before an older Statute can yield to a later one. VI. Finally, it is said all tho other States named in the •‘omnibus reconstruction oct” have been admitted simply by admitting mem bers in each Honse of Congress. But tho rea sons I have already given show tho danger and the error of this practice. Something has been said fthout the time when too official kiriq of the Governor and Ifegislaturo of Georgia will commence. H wc renuM to pass any Jaw admitting the State, and admit members in each Honso of Congress,' and thns recognize the State as in practical relations with tho Union, the official term of the Governor and Legislature will begin with the final act of admission and recognition of representatives in tho two Houses of Congress. This is tho effect of the oct of March 2, 1867, and other acts of Congress, and of tho consti tution and ordinances of Georgia. Let us leave theso terms to the operation of these laws unless some reason is given for providing otherwise. Nothing is gained by refusing to pass a bill for the admission of Georgia by those who wonld insist that the official term of the Governor and Legislature shall not be ex tended. Certainly wo have no evidence that it is de sirable to distract toe political elements of Georgia with any speedy election not required by existing laws. We have mncli evidence to show that t he peopie nct-d repose from the ren dering strifes of political factions. Let ns give them the repose of onr laws and theirs, and peace may once more return to bless the land. Let industry revive, labor claim its rewards, and let tho laws take their course. Let no new fire-brands be now thrown in to keep alive the flames of discord, but rather let us pour oil npon the troubled waters, and say to the an gry elements, to the howling storm, “Peace be. still!” And now a word or two in reply to the ques tions of the gentleman from Illinois (Mr. Farnsworth,) and the gentleman from Tennes see, (Mr. Hawkins.) I have been asked by both of them whether a provisional Legisla ture can ratify an amendment to the Constitu tion of the United States, or, to use toe graphic language of toe gentleman from Illinois, (Mr. Farnsworth,) when did a provisional Legisla ture ever ratify a constitutional amendment? I ask. the gentleman from Illinois when did any other hnt a provisional Legislature, in'any one of toe late rebel States, ever ratify a con stitutional amendment? Mr. Farnsworth. Never; never. Mr. Lawrence. Tho gentleman is mistaken. Mr. Farnsworth. No provisional Legisla ture of any one of these States has ever ratified an amendment to the Constitution. Not one of those Legislatures which did ratify amend ments were provisional, bnt they were elected in accordance with constitutions approved by acts of Congress. Mr. Lawrence. I undertake to say that every ratification of the thirteenth, fourteenth and fifteenth amendments to toe Constitution, by any State lately in rebellion, has been bv a provisional Legislature, and before the State was again admitted to representation in Con gress. Mr. Farnsworth. No provisional Legisla ture which was declared by Congress to be illegal—for wo did declare that all the govern ments set np in those States by Mr. Johnson were illegal and void—certainly no such pro visional Legislature conld ratify an amend ment The thirteenth amendment got its val idity from the ratification of the States in the Union, not by the rebel States. Mr. Lawrence. We did declare the State Governments set np by President Johnson illegal, bnt we did not declare tho other pro visional governments set up or recognized un der toe reconstruction laws of Confess to be illegal, bnt we expressly made them legal and declared them provisional. Prior to the date of toe act of March 2, 1867, there was an illegal State government in each of the late rebel States, except in toe State of Tennessee, which had been readmitted into the Union by tho joint resolution of July, 1866. These illegal governments were all made legal provisional governments by the act of March 2, 1867.— Then nnder this act new State governments were organized, bnt still provisional, nntil ad mitted to representation in Congress, and these newly constituted provisional State gov ernments, including Georgia, ratified the amendments to toe Constitution. And not one of those amendments was ratified by any one of those States after it had been admitted to representation in Congress, and so made per manent States in toe Union. And, now, how can a provisional Legislature ratify an amendment? The gentleman seem to imagine that a provisional Legislature is an illegal Legislature. Andy Johnson’s State Legislatures were illegal, and Congress so de clared. But the Legislatures established after and in pursuance of the act of March 2, 1867, were legal Legislatures, and could do many legal acts. As my colleague from the Cincinnati dis trict [Mr. Stevenson] well said, when a provis ional Legislature ratifies nn amendment to the Constitution, and the State is afterward admitted to representation, toe act of admis sion by Congress relates book and validates all the acts done by the provisional Legisla ture during its legal existence as a provisonnl Legislature. Mr. Farnsworth. Does tho gentleman hold that an act of Congress can of itself make a ratification of a constitutional amendment le gal that was not legal before ? Mr. Lawrence. I will not undertake to set tle toe constitutional question, whether a rati fication by a legal provisional Legislature is not perse just as valid when required by law, as is the ratification of any permanent State Government But I do say that npon all legal principles toe act of admission of a State re lates back and validates all that has been done by a legal provisional State Legislature. That subject is treated in the law books nnder the head of “Relation.” Gentlemen will find it in Comyn’s Digest and in Dana’s Abridgement and varions other law digests, where the whole subject is frtily considered, as every lawyer knows. Mr. Farnsworth. I would like to interrupt the gentleman for a moment at this point. Mr. Lawrence. Certainly. Mr. Farnsworth. The difficulty the gen tleman foils into is this: he confounds the provisional State government with the gov ernment whioh succeeds it Now, it is true that the act admitting the State relates back and gives validity and vitality to the acts of the provisional Legislature; bnt it does not add any validity to toe acts of the Legislature which was superceded by that Legislature. There was a provisional government in each one of these States, set up by President John son, without authority of law and withont Constitutional authority. That government was superceded by the present government, which did not get fall vitality and force nntil, by on act of Congress, we authorized it to go to work One other question, for I do not want to interrupt the gentleman again. I wonld like the gentleman to tell me why the officers of the provisional government, if it was provisional, have never takun tho tesboath. Mr. Lawrence. I will reply to that point directly. Mr. Speaker, X am surprised, I am amazed that my able and learned friend from Illinois, after his long experience in this Honse and his long experience on the ltecou struction Committee, shonld acuouuce tie doctrine that he has just stated. Why sir, let me read to toe gentleman a clause of the act of March, 1867: “That until the people of tho said rebel States shall by law be admitted to representa tion in the Congress of toe United States, too civil government that may exist therein shall be deemed provisional only.” Has Georgia yet been admitted by law ? No, sir. Tho government, then, is provisional: and so were tho governments which succeeded Andrew Johnsons until the States were ad mitted into Congress. Now, lot me illustrate this doctrine of rela tion. How was the State of California organ ized? A voluntary convention of tho people, without authority of law, organized a State government, which elected Senators, who, with Representatives elected by the people, presented themsclvaa fox admission into Con gress. Although those proceedings were un authorized, Congress by an act admitted the State of California into the Union; admitted herj Senators and Representatives thus elected w ithout authority of law; and upon tho doc trine of “relation,” so wall understood by law yers, so woll established in tho law books, that act of admssion rotated back and validat ed what the people of California bad previous ly done without authority or law. The same thing took place in part m the case of Nebras ka and Nevada. Mr. Stevenson. In confirmation of the po sition which my colleague [Mr. Lawrence] is maintaining. I want to call his attention to the case of Phelps vs. Cavanaugh, a contested election case from the State of Minnesota in the Thirty-Fifth Congress, and reported in a volume of contested elections. The commit tee in that ease reported, and the House con firmed the report, that— - "Where an election of members of Congress is held prior to the admission of a State into tho Union, the act of admission relates hack to and legalizes every act of the territorial author ity exercised in pursuance of the original au thority conferred,”