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>»’*' Vi '%}■ ''V/irSir sr . ■ feS waH bSM&*. i»r$S TOR ••*• ■ . "- V I •■ v- • 41^ . . “(G-A..,: JANUARY 22, 1869. — .' V- - * u ^ ia> V'H sr*^./ v kaUttUic*: '/Congrofcs on the - *’ cavlioat op. >08e, tiio lul- tiicd : Slater: al Oo „ of Joi— ,_io fourteenth iimendmftnt. >r'Uls Olrtfat .bse-Miie. of tlic » ntiil f ho lnfont of thi low wool J, it Is ed, have p'rMijhndlfc* Babooqucnl lcg- inhUfro action, vhtSh, no far as it may l>o por- Mttlr.1 "■ Tho term. nnu condition. upon vhioh it. * (1 corgis K»s to lmte been admitted as a Stato Mm: aro proscribed in iho law of June 2Clh, 1808, entitled “An Aot tp admit, cto. • 4. There being nothing In that Aot which repealed or aunuUeittHs requirements pros Constitution/ be bo amend ythatn m it t ed to Blind, has vmually overthrowu‘tlic vlousljr cnnotwl as to elJflbMtj, those terms wise polioy inaugurated by'Congress; tfpol-'»»»« conditions could be logally adopted only iny so lately and. so fully oudorsed by tho by a legislative assembly organlxed tinder Amorlcan people at tho ballot box. Hm ‘ ‘‘y virtue of tho laws of the Unitod States The position taken in liny communication to theu in force, and byrd body whoso members Congress ns to tho rcqulTements of the llo- were eligible under tho Acts bf March 2d And construction nets is founded upon tho follow- July Will, 18b ing official opinion of the'MnjorOouoral who, proeliv* i, noted upon ring on the 4th day of nted Provisional Gqt* lenernl George Thjrd Military je of the power isttifclion Acts, lent.to your ler whioli boon 'ad* . » present for'yon ilohlcadtno to this the more dictates, diho State l.vtho poo - -by law. ess, any ‘ therein *iy.’ ? Tho unMer those acts, commanded Iha-Third Mill-, tnry District, which opinion was announoed previous to tho eluotion for members of the UrnvraP Assembly,, and by which nil persons Wej-o put upon notice as to what would ho roqulrfid: From Iho Atlanta New Era, April 29, 1807.] “ xtiQinartr tor ofiioh. 4 “ As the question .of eligibility under the uew Provisional Goteramont is now. ono of groat interest, wo hav.C been at sorno pains lo place bafuro our readers an official opinion upon this point.. “A person who lias never held an office lie- fora tho war, hut who voluntarily aided and abetted llio rebellion by holding d civil oflici r at ono ttuio during the war, sought tho opin ion of tho Cyuiiuantliug General as to wheth er he would now ho eligible if elected. “Wo give below the offioial opinion, by whioli it will bo seon that the test oatlt will bo required. ‘•Congress wiil, however, uo doubt pnss an enabling act, relieving porsons who, in good failli, de: ire restoration of. tho Union, (and who have proved their faith by their works.) from ilm operation of ihf ttli seotion, and of other di.Abilities, which would otherwise pre vent thorn aiding iu restoration. ' ‘H'liqi 'us Timm Military District, \ ■Dsnartmcnt Georgia, Ala. and 'Florida, v Allanta. On., April 16, 1808. J .’ “The sixth section of the first Reconstruc tion Act of t'ougruss declares ‘That until the people id said rebel States shall be, by law, Until said terms and conditions should bo adopted by such n legislative body as that referred to, the Now ConsUtution could have no vitality as fund omental, law. <•. In tho Act of March 2d, 1807, the follow ing condition was prescribed for persons holding office unde.' the provisional govern uient: ' “ * * *no person shall bo eligible lo nny office under any such provisional govern ments who would he disqualified* from hold ing office under the fid article of said [F teenth] Amendment. 7. That this restriction Was ncLjiy Con gress considered sufficiently comprehensive to insure tho establishment of Stato Govern ments ia hartnuiy with its policy, is made manifest-by tho fact that tho following still more restrictive provision was embodied in the Supplemental Reconstruction Act vrhioh- I ocame a-law oi tho 19th of July, 1807; “And be it further enacted, x o n That all persons Hurciftir elected or appointed to office in said MBitary Districts uidvranf sfc- onlled StotQ or * * * tnil or shall in saiu nir.uary uismois unter any sO- State or nquicina! anilu-ii’y. nr by-da- appeintmintofthe Dim net Command dl he required to tak. , j;d subscribe • ho oatli uf office preaoiihod by law for officers of tho United Stiles." iforo. been, admitted to representation.in lUoOongre.ts of MRil,* until the Yiflled Hates, “any civil government .became a whioh.tnay exist (heroin, Shall bo deemed pro lion a Aot been complied in aooorihinoe Aot® previously emontnry Re ft, ,18(17, it: i* roffor oleolfd Military-Dis- he required prescribed by .tea, . i .Drovisiohaf ii‘Q .iogisla- >aw thoieforc, required i Reuoustructiop Adts,sboOld'bd permitted iiflipafein tin.--ulcbsscry provisional lUou preodflont -to. recognition .as a as ato oltgjblo under sltonld' bo permitted itteu' prcocdont - lo, .recdgttlllon ai Thcfact; h9v.'Cvtr.dsThat:all t.ho c visional on'y, &c.' , , 'Under tiio provisions of'tho fifth section Of Hie name net, ‘tiio peopleot said Slate can- not bo admitted to representation iu Congress until they shall have ratified tho Constitution submitted to them bytURtteconsIrueliou Acts, and Congreis shall nave approved the same ; nnd until said Uinta ahull hare adopted the amendment, to the (JonstHp.Uou of tho United Staler, proposed by Cotigrchs, known ns *Ar. tiolu II’ nnd snul-Artiolo slmll have become a patt-of the Constitution of tho United Stales.' These and other provisions of the llcoonstruc tlon Acts .dearly show that whatever govern ment may exist in Georgia, before tiio fulfill ment' of tlm above conditions, 'mu^t ‘he deem ed provisional only.’ The fiinth seotion of the Supplementary wOOMitructlim Act, passed July 19, 18t>7, ‘requires nil officers elected or appointed umlrsttlts provisional government of it Stato lo talcs and subscribe the onili oi office proscribed-by low for officers of the United States," Twin makes a condition ot eligibility'to bfiico uuder a provisional gov- evnment- very irtwttit’iaUy•different from eitlmr eligibility lo rsglstralion as a voter, or oligi- provislons of the prop'osod Constitutional amendment. •llofove cutetlng upon bin duties, a provis ional officer is required, among other things. io^Bwoar ilmt ho.has neither sought, nor ac oepted, nor attwnwSsd.tO exercise the fnne- t-ionwufany offioe whatever, under any au thority. or pretended authority, in hostility tq tlu' Uniiml States. ~' ‘Mi*. —— : hold oliloo under the authority oi 1 tho fltatoorueorgia while that State wa- ui lm-.iiliiy to the Unitod States, lie is con .sequently ineligible to olliee under tho pro visional government. It is not deemed ueoesi snry lmro to’diaOUss the effect tills view of the law may have atf to other officers. Rut t he lrgU>J'iiionl»astoho taken wliile tho State is ttlyei. Under provisional government ; and the if ‘Ve^mbe.rs'df the Ucglslature miint bo qualified to hold offico under tUst provisionul govern ment. “Jo'friOiAf..] R. C. Drum, A. A. G. 8. Cougro.ss is tho solo, final lutcrprclor of the truo iuteut and meaning of tho lleoon- *t melton Acta, ind the arbiter upon questions of their cxccut.on, fGen. Grant to Gen. OrU, Juno 2M, 1807. 4 * The law, however, makes the District Uomuntulors tholr own Interpre ters of their power md duty under It; and in my opinion tho Attornoy-GcuciAl nnd my«. self can do no more than give our opinion .« to the meaning ot tbs law; neither cab en force las views against the judgment of iWo- made responsible for tho fait lit ul execution of «ho law—the District, t'-otnnmnders." Also Gen. Meade toG*n. Grant, July 18th, 1808; “My judgment, therefore, is to acquicsoo in the decision of UteGeuate, nnd leave to Coins gie.ss such actioni»s mny ltsreafler bodheiuod proper in ease tho donate has fiiilod lo ootn- i-ly witli tho law "] .Tnisa^ition Is further sustained liy the ■ not from General Orders No. following UX til, dated .Headquarters Third Military Din- trim, Atlanta, April 15,1808: ‘‘ir.’ Ths quosiion having boon submitted whether the members of tho General Assem bly of this State, to he elected noxt week, will ho.roqiiirod, before entering upon their dutios, lo take what is commonly called ‘the test tooth,’ tiio Commanding General i* of opinion that, inatiinnoh as said General As- seihhly—should the Constlliition now sub- mtttsd to 4{io..p«qplo of this State he ratified by ihim, .. . nnd be opprpved by Congress—is required to convene aud adopt Iho proposed atsamdment'to Iho Constitution of the United Stales,.designAlcd as ‘Article XIV,’ before t ha Stato oon bo admitted to representation in'Otnjgrees; it- may bo decidcd'that the mem- bt?rs of said General Assembly arc, whilo taking this preliminary action, officers of a ionai Government, and ns such requir- .... _ thr. tho 9th seotion of tho Act of Con- of July 10,1807, to take the test oath.” 7jf( . there woro any doubt—based upon phraseology—as to whether tho provision of lli6 ninth. soc|ion of the Act July 19, 18G7, ^ ““ihig ThO ohth to bo administered, should le.lo apply, it would seem that the ftU' section of the sumo. Act would, iu fs csss, Tchder its application imperative. JhVeleVonlb section reads as tollows: ' “That all the provisions of this Act, and of the Acta to which itissupploaientary shall ho'ooustrued liberally, to tho end that nil tho intents thereof umy be fully-and perfectly ‘Hat such litoral construction of the law iccted is evidenced by the following from a. eoraraunication Of General it ft*General Pope, under date August J67: L , I think your views are sound, both construction whiolr you give to the h 'Congress and the duties of tho supporters of good government to see that wlicu Reconstruc tion ia effected no loop hole ia left open ia give (rouble anU mbarraatveent hereafter. It it eer- taihly the Advwf Diitrict Conmaadera to atudy whdtihe fraSm 4 op the Jleconatraction Laws Utah ted to express as much as they do express, and to extentelhs lain according to that interpretation. ^Also, General Rawlins to General Meade, JnW*ff*/1808» , ‘»Tbo Reconstruction Acts aro - '“X . . '.** V. J t ■ niii.tl i. (a (tin nfiil to be ooustruod liberally, to tho end fnioots thereof, vix: Tho ro-es- oJf civil government in Btalce iitoolrfoo nay bo fully nnd porfoetly ti. and it would teem that persons in- r ...A old office under their provisions should ptrnutled lo defeat thnn.' iwu elamjuation of the Reconstruction leads me to tho following conclusions: UntiV tho full reoogwiiion by Congress * 41 tlie '■ « ' 'or ffOTcrnmcnl- ifl roun-1 lh» Keronutriieliim Aci. Thu fuel ill’ll thunt in upl.ui GnorgU ;lil('f[iiato ]}iotccii(>n for lilt- t\nh pro|l- urty, iho ntnitucniiiico' of^lenco and good ordor, and tho iroo cupru.aiou ol political opinioii, I. too well tkiiown and imdci.tooil lo require argu ment, or the prcBi-nlatlnn ol tho evi doneo which ha. reached mu Iron, many portions of the Stato. In faot, it is Imped that it may. never become necessary to inakii publio . information which would lo auvcroly reflect upon us us a poople. Let us consider what would bo the practical etTeot ot executing tiio law in accordance with the view above.ipro- scnled. i '1-V.. The persons fleeted In Af^il .lt>»t would be rc-tlRscmblod. . bllcil ot them as could take the required Oath, or who had been reHcvod by <Jon_ yi uss of legal ^alld politioiil disahili- lies would be seated. This would ro - '1.0re the colored; in&intiers to the posi tion to which they tvore. elected. The body, thus organized, would, by legis lation, adopt the requirements preeo- dent lo our recognition as a State.— Our Stale Counlitutioii would than beeoiuo of force,- and .upereeda: the ReconstlUBtioii Acts. lVrsons wbo could not take tho test oath, but who would bo eligible under tho Stale Cun-, stitution and the f..urtepnth amend. nient would thou ba admitted—the body abovo referred to being the judge of tlioir eligibility. This would not be. “reconstructing reconstruction,” but simply a vindica tion mj tiio sutiiclenoy of iitwk lioroto^ loro enacted to seouro results which were contemplated at tho.timu of their passage, and anticipated by-tho per sons who voted to sustain thbrn;-'; It is, howevet', urged with force, in oiijeetion to tho view heretofore, pre sented, that tho words “under *oy so- called Stato or uiUtneipaL authority” would pvoventtlro applioatioji ot the, aforesaid Oth Section of tho Act,of Ju. ly 19th, 18»>, to per.oos. who «■»{* elected in Apriilasti uuder an Ordi- nanoo of the Convention, hna' eligibility of martborsof tfie‘ Uno rested only upon the new tulion and tht.li'.ourteontU Amend- inont. [Gmi. Crabt to! ©cn. Mendo, April 29lb,iMjPfer^Bp*P)lPW*i "" ^ ed under tiio new officers ofthe'-pTo' _ referred to in tiio ReMhitniOl . IW ,. nor aro they ofllcers.blccted under aiij so-called Stoto enthowy, and s tboreiore . required -to;' 1 takU thl prescribed Iu Scctipn 9, ’Act ,of. Ju lOtli, 1807. Tho eligibility to . Jtql office must bo deterimued by .tlie Coustitutionj ard the Ablondl .*,0 the-Constitution of 1 the TMJfcd States deeigoated' as; Artiolq But even la this view of tho euso, it will undoubtedly, be hold b; l iy is iound in tho notion of two- thirds of each House of Congress, and can not be acoomnlished by the indi vidual opiaiou of tlm person afleoted, that “the aid or comfort was uot vol untarily afforded. It is hoped that thorohgh notion in . this diroctinu will affect what wo all so much desire, tho Dual adjustment of our political statue ae a Stato in iho Union} and promoto penco atno g.our- aalves by granting what UearTy.oqe half of mu- whole voting .population demand, and- lo wltion they bblleVO T ' (liom.olvoe entitled—tho great right of choosing one of tholr'own number to bo tlioir rcpreaentivc. Tho sentiment in tuvor of univenal amnesty was rapidly growing through out tho nation, until oliookud in part by the course pursued boro; and now,' unfortunately fur us, tho demand of tbs popular voico is correotiy oxpreit- ed by tho words of a distinguished Senator on a late publio oocaaion, ’■ when lie says: “Tho pure minded; tho noble 'Whit- 'S'- lior sendS ua,a. scutiment to-; ‘ that the action of body, in expelling cc„ ineoiisisten.t w1th“oUr.;ndij,r tlon,' aiidJ^aOeqipplislibii.-.a.. and an overthrow of tho : established Under and that steps must bo I gresB to vindicate itf* establish^ I--- 1 ' ' Thoro being ot inanyqjf * your llooo rigbfrwt’nulou sito to that e of tiio slituVl ton ent tion i body i Coov would,..without doubt, ua to remove UDy uncor tainty that piay now exist an to tbo es tablishment of a loyal Stato Govern- ■ mont. republican in form and in faot— ono that would'uphold and promote tho greaf principles of civil liberty and personal rights which havo been developed by tbo results of tho war, and oudorsed by tlto verdict of the whole people. '. We may bo well assured that the Government of tho Unitod States will not liesitato in tho groat work of re generation until its euoocss is full and complete—established abovo and bo il tlie reach of those whoso oon>- yontl victionn of ilnty led thorn to on in an eflbrt to destroy that which they hail attempted to prevent being Constructed, It is, therefore, respectfully recom mended that wo, ourselves,take tho in itintive In thq comenmniatlon of tho policy df Congress^ and noting upon onfown good stui|io''of the obligation wo owe to tho authority ’from whioh we derive nil we now haVo or expect to oiyoy, of civil self-government, urn do What has been done.' Restore tho colored members to thoir sente, anil oxcludo ovefy person • from participation in your legislation tn to support tha whu took an officiil oath rr Govormnent.of tlioTJnited States, nnd attcrwnrds gave aid or comfort to its eueuiles, until suck person shall hSvo rcliei • • 1 - • * beep relieved by Congress, of tho draa Ullity tbP» inonrrod—bearing in mind that the only relief from such disabili.. favor of unjvehml ainno . movat of till political disabilitic that sentiment I do not nssent. - mo no ihoro amnesty or 'removiat disabilities till tiio life of tbo humb..,. , individual who walks on God’s foot stool, he lm black or white,Te as' sa wed in Oartiilla, Ga., or in Now Or.' leans, la Louisiana, as it is in tho pe|qe- ful village of AmoSbury, in ' ohusofts. Let ub then do all in onr powor to prevent what may bo dcomod by Cop- grosa » nepesaity—tbo denial pftbeap- pcals of our oitiaens to. bo , relieved of ly from thuso who do 1 not boartily ac quieso in, and., .abide by, tho. pplipy „ that Mcogntzcs our laic tilawfw tnpr. —entitled to’nil fbo rights and immu-i ten befor nitics of other men before tho law. .'Tit le not degiroij tJiat Aiwaaii bo punished, but it is domondi lovalf iuu jiuiuniivM. uiib ib iu uuinunuea \ loyalty ■shall bo rcajmctod, nnd; If a oisary, protected. .» , My only objeotjs the establishment bf a royal Stfsto Govornmont—ft Gov- , onimont that will eoouro .to overy Union man, and to-overy man who fa» . . iupap, a yore- tho Uecoii.tractlon'polioy ottWn- gresB, btf lie rioli or poor, t white, protection, foil and ,.'j for Ido j Is jrejson,- his property, nnd in tho’; •' i» expression.ol his political opinions: 10 i und o . _ ho mostorrogant supporte - , c . ^ ,i I’M®-!- 'JnPWW.t »» maft wa iin>|)oru>r oi.tfmGQnmJf: grossionul policy, bdfqro vtG can - Itave- perfect liberty'ofpi iwOyor,.tlt®o. risfiOmmani InJJitvor with' ybnr Hot. „ , y,. it ia moat rcspoettnlly .aug ed- that euah action upon this an if. M 'U m ■ mit mi ■ -1*