Newspaper Page Text
Nalional Republican
*!'(»< WA . « A..
SATURDAY .MORNING . IS- l* w
<9
luion—Liberty—Juul iee.
This is a Republic where the Will of
the People is the Law of the Land.
| U. S. Grant.
“ Ifutch orer Ike presercaliuH of the Union
Wilk zealous ege, and indignawllipliown upon
tht lirxt dawning of every attempt to alienate
any portion of the Country from the rest, or
to enfeeble the sm-rtd lies, which now link
together the carious purtx."—\\ isiiixotox’s
Farewell Address.
Miscellaneous Editorial Items.
It is to be regretted that many per
sons seem greatly dissatisfied because
the receipts of the I’ostofliee Depart
ment were less than the expenditures
during the past year. This excess is
said to have been caused by the largely
increased number of routes in the
South. We never could appreciate
the soundness of any policy seeking to
make the I’ostofliee Department a
source of-revenue to the Government.
The other Departments, except the
Treasury, do little else than exjiend—
sometimes corruptly and extravagantly
—the revenues of the Government.
If the I’ostofliee Department “costs
more than it comes to,” the people who
pay the deficiency receive the benefits.
Its officials throughout the country
are the poorest paid of any Govern
ment employees, and it is unques
tionably conducted with more hon
esty than characterizes other Depart
ment*. There are not half enough
mail routes and postofliees in the
Southern States. It would be money
well expended if the number were in
creased.
Those Papers, whose editors in
dulge so much vituperation against
Governor Bullo< k, should reserve
something in their vials of wrath for
Hon. Josiivv Hill. Senator Sheß
ma.x, as the next friend of Mr. Hili.,
slated to ilie Senate on Monday last
distinctly: “The extraordinary and
outrageous conduct of the white mem
bers o'i (he Georgia Legislature was as
strongly condemned by the Senator
elect from that State (Mr. Joshua
Hill) as by the Senator from Mis
souri, and he (Mr. 11 ill) hoped, when
admitted, to <h> xomfthlnij /« correct
the. action.''
If Governor Bullock merits cen
sure for his course, certainly Mr. 11 ill
is not deserving of praise, lie author
izes his friend to denounce the action
of the Democratic Legislature as “ex
traordinary and outrageous," and
seeks admission as a Senator to enable
him “to </o something to correct the
action."
The New York 7’otes, in mention
ing the recent donation of one hundred
thousand pounds sterling to the poor
of Ixmdon by the philanthropic Ameri
can banker, George Peabody, says,
there are richer men in New York
city than Mr. P., and calls on all such
to help the poor of that city. We
have many citizens of wealth here in
Augusta who are amply able to give
Mayor Rlssei.l an opportunity to
publish a handsome acknowledgement
of a munificent donation tor the poor
of the city. “He that giveth to the
poor lendeth to the Lord.”
President Johnson did not even
mention the relations of this Govern
ment with Great Britain in his mes-
This reticence on a question of
such vital importance is unprecedented
in the history of the country. But
nothing lietter should la? expected of
such an “unprecedented” President.
Ge.v, -James B. Steedman has ten
dered his resignation as Collector of
Internal Revenue in the district of
New Orleans. He probably retires
fuH-lumded. It is said there have
lieen rich pickings down there. Cer
tainly no trio knows how to make it
and spend it lietter than Steedman,
Fuller and Ro-seai .
• **■ •
Amkkd an Newspaper Enter
prise.—On the night of the 7th, the
entire rq<ort of the Secretary of the
Treasury was telegraphed from Wash
ington to such Western cities as were
in oonnnu mention by telegraph, the
rain preventing the working of the
wires to some localities The cost to
each paper receiving it was )k. r >4o, or
three cents per Word. Such an ex
penditure, t<> procure a single doeu
mem, for earliest publication, was
never incurred before bv \merictin
iiewapa)H.rs. It tells of the progress
of the press of the country in effective
enterprise, a- nothing o|m- ever told
lieforr.
:ir We hear n grent deal said atxiul tin
propriety of toleration in politico. Even
in tlii« ktate we have seen some hnliialion*
of h disposition to let the stern and inflexible |
opp.-it£oii of our people to Radicals and
l<n<li<aM»iu be soothed wtUi a sickly lorbear j
ance toward tltosc who Itave Innti foremost,
in aiding the Northern Jacobins in th< ir
efforts to enslave anil degrade. We warn
<>ur pviplc now. as we have in the past, that
they ennnot. with honor to theima-he-, or
with Hifcl.i to their coiiutiy. countenance
any such unholy connection. We must con
tin’ne to make Southern Radicalism hateful
by refusing Io extend tn its votaries the
-ik-inl. busine.—. and jwtsonal recognition
iv Inch is usual among gentlemen. -Chrvnicli
• out Snthut,
It will be seen from the above that
the Chronicle and Sentinel urges a
crusade of practical extermination I
against every man in Georgia not
identified with the Democratic party,
as organized and led by its most radi
cal leaders. That paper boldly issues
its bull, assuming the control of the
private affairs of the members of the
Democratic party, and determining to
whom they shall speak on the streets,
with whom they shall spend their
hard earnings, and how they shall
manage their social affairs generally.
We wonder that the independent
spirits in the Democratic party do not
revolt at the extraordinary dictation
of the Chronicle and •'icntiuel. Is it
any of his business with whom genteel
and civilized Democrats associate and
trade?
If we are not mistaken in the signs
of times, the period has passed when
men'will be proscribed by any respec
table portion of the community lor- a
difference in political opinions. It is
absurd to suppose that all the white
men of Georgia can be compelled to
think the Democri tic party wholly in
the right, or its opponents wholly in
the wrong. Every citizen has a right
to live in Georgia and to earn his liv
ing by any lawful means, and we call
upon the honorable members in the
ranks of the opposition to discounte
nance the barbarous dictum of the
Chronicle and Sentinel.
FORTIETH CONGRESS.
THIRb SESSION.
SENATE.
Monday, December 7.
SENATOR FROM GEORGIA.
The President pro tempore. The
Chair will also lay before the Senate a
communication from the Governor of
Georgia.
Mr. Sherman. Mr. President
Mr. Sumner. What is the commu
nication?
The President pro tempore. A
communication from the Governor of
Georgia oir the relations of that State
to the Genera] Government. 1 have
had no time to read it, and hardly
know what it is. It will be read if
there be no object ion.
Mr. Sherman. I move that it lie on
the table for the present.
The President pro tempore. It will
lie on the table if there be no objec
tion.
Mr. Sherman. 1 present the creden
tials of lion. Joshua Hill as a Senator
from the State of Georgia. 1 ask that
they may be read and the oath ad
ministered.
The Secretary read the following
credentials:
State of Geoio.i v.
By his Excellency, lit n s B. Bi i lock.
Governor of said Stale.
7’c Hou . Jonh mt Hill, greeting :
Whereas, by the third section of Hie first
article of the Constitution of the United
States of America, it is ordered and estab
lished that the Senate of the United States
shall be composed of two Senators from cacti
State, chosen by the Legislature thereof for
the term of six years;
And whereas, the General Assembly of the
State of ■Georgia did, by cica voce thereof, on
the 28th day of .lulyi 1868, elect you. the
said Joshua Hill, to lx- one of (lie Senators
from tills State in the Congress of the United
States, to serve the tinexpired (erm ending
4th of March, 187-1:
These are, therefore, to authorize und com
mission you, the said Joshua Hill, to take
session in the Semite of the United States,
forthwith, to use and exercise all and every
the privileges and powers which you may or
can do by virtue of the said commission in
behalf of this State.
Given under my band and the great seal of
the State, at the capital. in the city of At
lanta, this 10th day of September, in the year
of our Lord, 1868, and of the independence
of the United States of America the ninety
third. BUFL’S B. BULLOCK,
[i.. B.J Governor.
By the Governor;
David G. (Jottinu,
Secretary of Slate.
Mr. Drake. Mr. President, I move
that the credentials of the Senator
elect from Georgia be laid upon the
table for the present, until the com
mittees of the Senate are organized.
Mr. Sherman. I hope the Senator
will withdraw the motion to lay on
the table, which perhaps is not de
batable, and I will make a statement
in regard to this matter. If the mo
tion to lay on the is insisted
upon, I suppone it is not debatable.
Mr. Drake. I will state, Mr. Presi
dent, that T made the motion to lay
on the table on the supposition that
the committees of the Senate were not
in existence at this time; but gentle
men aronud me say that they are in
existence until changed, and therefore
I withdraw the motion to lay upon
the table.
Mr. Trumbull. They are not iji
existence.
Mr. Drake. Now, the chairman of
the Judiciary Committee, the Senator
from Illinois, says I was right originally
that the committees are not in exist
ence. Ido not know which is right:
but there are those who know much
better than I do. But, sir, I withdraw
for the present the motion to lay upon
the table.
I state now that I do not think that
that the Senator-elect from Georgia
should be sworn in and allowed to
take his seat in the Senate at this
time. A very grave question comes
up in connection with the reconstruc
tion of the government of the
Slate of (Georgia, a question
which in my opinion the Senate of the
United States i« bound tn take notice
of, Ismnd to invcstigatc, Ixiund to
pass niton. If I understand the posi
tion of matters correctly, alter a loyal
Legi-lalure had been elected in that
State under the reconstruction act* <d
< 'ongress, the white men of the Legis
lature combinisl an<l expelled from
their seats nil the colored member- of
the Legislature, thereby placing that
l»<»<ly under rebel control. If this Ik*
true, then I claim that we should not
recognize the reconstruction of Geor
gia as complete. Therefore, sir, I
move that the credeiiti.als <>l the
Senaior-ekct from Georgia be referred
to the Committee on the iciary.
Mr. ShcrnuuL Mr. President—
'l'hc President pr<> tempore. The
Chair will state that by his under
standing of tli(' rules of the Senate
there are no committees at this
time.
Mr. Wilson (to .Mr. Drake.) With
draw your motion. Let the Senator
froiM Ohio make his statement, and
renew it afterward.
Mr. Drake. I have withdrawn the
motion to lay upon the table.
Air. Sherman. I trust, the unusual
course of referring the credentials of
a Senator elect will not be adopted
unless for good reason. Il there is
any objection to the person elect for
want of loyalty or for any other rea
son, there is no objection by me or by
any one for a reference. But no good
ground has been laid lor a reference.
It is unusual unless some allegation is
made affecting the status of the State
or affecting the status of the person.
Now, a few facts and a few dates arc
all that it is necessary to state in re
gard to this matter.
There can be no objection to the
person, because the Hon. Joshua Hill
Ls well known to have been a Union
man throughout the war, to be now
able to take the oath, and to be one of
the very few of those living in the
South through the war who were not
forced or who were not. willingly in a
condition to give aid to the rebels in
arms. He is now prepared to take the
oath of office, having been faithful ami
true during the whole war, and hav
ing been duly elected by the Legisla
ture of the State of Georgia.
Now, a word in regard to the condi
tion of the State of Georgia. Georgia
has been recognized by this Senate and
by the Rouse of Representatives as a
State in the Union, having complied
with the reconstruction laws, having
adopted the constitutional amend
ment, and her compliance with the
reconstruction acts having been ap
proved and sanctioned both by the
Senate and 1 louse. It seems that, on
the 1 sth day of July, isos, the Gov
ernor was inaugurated. On the 20th
of July, 1868, members of the Rouse
of Representatives from the State of
Georgia, elected according to our acts,
presented themselves at the bar
of the Rouse of Representatives
and were admitted ami sworn into
office, and now sit there as members
of the House. On the 2Sth of July,
1868, as is shown by the record here,
Mr. Hill was elected Senator from the
State of Georgia. That was at a t ime
when all the members of the Legisla
ture were in their seats before the
question as to the eligibility of certain
members arose in the Legislature at
all. He was elected by a very largo
majority of all, including those who
have since been ejected. Subsequently
to that time a portion of the members
of the Legislature were ejected from
the Senate and the House of the Stale
of Georgia. This conduct of the
majority is as much disapproved by
the Senator elect as by any one of us.
It was a gross outrage; a violation,
in my judgment, of tlie constitutional
amendment, and a violation of the
reconstruction acts. It is an outrage
which ought to be corrected ; but it
seems to me it would be very hard
indeed to make a gentleman duly
elected by the whole Legislature, and
a Union man, entitled to his seat
; here, who disapproves the action of
the Legislature, suffer for conduct
which he does not approve, and which
lie hopes, by having a seat here
amongst ns, to be able in part to cor
rect.
This is the view which is presented
to me, and I trust, therefore, the Sen
ator from Missouri will not press this
question. If this case goes to the Ju
diciary Committee, it leaves this gen
tleman in suspense on a reference to
the committee, when there is no ground
for the
we ought never to make such a refer
ence unless facts are stated, on the re
sponsibility of a member, which are
sufficient to exclude the Senator elect
from his seat, Now, if the fact as
staved by the Senator from Missouri
he admitted, it lays no ground what
ever for the exclusion of the Senator
elect from the State of Georgia, be
cause that fact transpired days after
he was duly elected by the whole Leg
islature ; after he received his certifi
cate of election from the Governor of
that State, when his right to his seat
here was complete: after his colleagues
in the other House had taken their
seats. That action of the Legislature
is disapproved by him, and he hopes
by having a seat iu the Senate to be
able in some degree, to correct it.
That will be one of the first acts of his
senatorial service. He believes that
duty to the people of the State of Geor
gia requires him to endeavor to cor
rect, so far as possible, that gross out
rage of the majority of the Legisla
ture of Georgia. I trust, therefore,
that the Senator-elect will be allowed
to take the usual oath and enter upon
the discharge of hi, duties.
Mr. Drake. Mr. President the ques
tion that is involved in the matter now
liefore us is whether the power of the
Senate over a reconstructed rebel
State ends with the moment that that
State may luive been recognized in one
or the other House of Congress as be
ing a State restored to her position iu
the I nion. I contend not, sir: else it
would l>e in the power of any one «»t
those States, the day or the moment
after it had been recognized asa State
in the Union,again tonndo everything
that it had done, to place itself iu a
condition of qwui revolt against the
authoritv of the General Govermn<nt
again, and to restore the power of
rebels there, and still Congress be
utterly unable to do anything for the
protection of loyal men of the State.
1 d<> not believe in any such doctrine.
1 intend to resist any such doctrine in
the Senate. I hold, sir, that Congress
has a continuing and undiminished
power over those States, topreserve
what was built up there in their re
construction, and 1 do not intend .0
vote for tin admission of any Senator
from anyone of those States that has
atlemptc'l tn undo the ascendency
there of loyal men and put rebels there
into the ascendency.
It is for this reason that 1 object to
the State of Georgia being now repre
sented upon this floor. Os course I
can have no personal objection to the
honorable gentleman who is the Sen
ator-elect from that State. I have no
doubt that all that has been said of
him by the Senator from Ohio is per
fectly true. But the question is not a
personal one. The question is as to
the supremacy of the Congress of the
United States over the reconstruction
of the rebel States, the power of Con
gress to secure loyal ascendency in
those States and to put down rebel
ascendency , the continuing power, not
the power ended when we passed the
laws we did at the lastsession, but the
power abiding to secure the results
which we then attempted to estab
lish.
I wish this matter to be investigated.
1 wish the facts to go before the
country. 1 wish that we should know
what ground we are going upon .in
giving a seat here to a Senator from a
State that has thrown off loyal supre
macy in its Legislature, by banishing
from its halls of legislation the colored
men who were elected by the people
and admitting white rebels to hold
that State in subjection to rebel dic
tation and control. This is my object
sir. I state it frankly. If it be the
will of the Senate that this matter
shall have no attention at all at this
time, but that the Senator-elect from
Georgia shall be admitted, of course I
bow with respect and submission to
their decision ; but it cannot be done
with my vote.
Mr. Thayer. Mr. President, it seems
to me that the Senator from Missouri
and the Senator from Ohio have not
touched the primary ground on which
objection should be made to the ad
mission of these Senators. As I un»
derstand the case the reconstruction
laws have not been complied with.
The prior ground of objection is that
a portion of the members of that Leg-'
islature were expressly disqualified by
the reconstrction laws, and therefore
were not legal members of that Legis
ture. In connection with this subject,
I ask lor the reading to the Senate of
the communication from the Governor
of Georgia w hich has been received
this morning and laid on the table.
The President tempore. If
there be no objection the paper will be
read.
The Secretary reads a follows:
To the (imgrees of the United States:
Having, as provisional governor-elect, un
der the reconstruction acts, been authorized
by “ An act to admit the .States of North
Carolina, South Carolina, Louisiana. Geor
gia, Alabama, and Florida to representation
in Congress,” which act became a law Ju'ne
25, 1868. to convene the provisional Legisla
ture of Georgia: and having by proclama
tion, under date .lune 25, 1868, acted upon
that authority; and having, on the 4th day
of July, 18t'(8, been appointed provisional
governor of Georgia by Major General Geo.
G. Meade, commanding the third military
district, under and by virtue of the power
vested in him by the reconstruction acts, T
deem i i my official duty to represent to your
honorable I sidy that the laws under which
the State of Georgia was to have been ad
mitted to representation in Congress have
not been full}' executed, and to present to
your consideration the reasons which lead
bn to this conclusion.
' By section six of “An act for the more
; efficient government of the rebel States,”
i among which Slates is enumerated the Stale
. of Georgia, it is provided .that "until the
. people of said rebellious States shall be by
' law admitted to representation in Congress,
t, any civil Afovemment which may exist
■ therein shall be deemed provisional only.”
The government of the Slate has therefore
been, and must continue to be. provisional
until the conditions required by the act which
became a law .lime 25, 1868, shall have been
complied with by a Legislature organized in
the reconstruction acts previously adopted.
By section ten of the supplementary recou
‘struction act passed July 19, 1867, it is re
quired that all persons hereafter elected”
"to office in said mili
tary districts’’ * <f * “shall
be required Uptake and subscribe the oath of
office prescribed liy law for officers of the
United States.”
The government having been provisional
at the time of the assembling of the Legisla
ture referred to. the law therefore required
that such persons only as were eligible under
the reconstruction acts should be permitted
to participate in the necessary provisional
legislation precedent to recognition as a State.
The fact, however, is that all the candidates
for the General Assembly who bad received
the highest number of votes were, without
regard to their eligibility under the law, per
mitted to take seats in the provisional legis
lative body, and to participate in the organi
zation and the legislation thereof, have first
been simply invited to lake an oath prescribed
in lhe new constitution, which constitution
had not tit that time become, and under the
law could then lie. of force.
The result of the failure to execute the law
has been a defeat of the purposes which Con
gress had in view when’ passing the acts,
these purposes having been the establishment,
of a loyal and republican State government,
affording adequate protection for life and
property, the maintenace of pence and good
order, and the free expression of political
opinion.
The wise discernment displayed by Con
gress, in requiring by its legislation that none
but those who were’ loyal should participate
in the establishment of a provisional govern
ment which was thereafter to be clothed with
the rights and immunities of a State in the
"llion, cliarged with the care and protection
of the lives and property and the civil and
political rights of its citizens, is made the
more apparent by the consequences which
have ensued from this failure in the enforce
ment of that legislation.
I would, therefore, respectfully invite the
attention of your honorable body’to this sub
ject, and ask that such steps be taken as may
to you seem wise and proper for the obtain
ing of full information in relation thereto,
and to the end that loyalty may lie protected
and promoted by the enforcement of I he laws
enacted by the Representatives of the Ameri
can people.
RUFUS B. BULLOCK.
Bv the Golcinor:
Eti.r.xi: Davis,
Ewitiri ■//.
Mr. Sherman. Mr. President, the
voinnuinication of Gov. Bullock docs |
not really' raise any question as to the
eligibility of Mr. Hill. The Senator
elect appears here w ith a commission
issued by Got. Bullock in the ordinary
form, showing his election by the Leg
Mature; and he was elected before atty I
of the questions arose about which
this controversy occurs. Senators
ought to remember the dates. Mr. i
Hill was unquestionably elected by a i
majority of all lhe members of the
Legislature when every one claiming a
seat was present and no one was ex- :
eluded from among those elected.—
They took the oath prescribed by the I
constitution of the State. Congress
had previously sanctioned the consti
tution of the State of Georgia by a
joint resolution which was passed at
the closing period of the session in
July. So that every act, every condi
tion, every qualification, every restric
tion imposed and demanded by Con
gress was complied with by the Leg
islature of Georgia until after they
elected Senators of the United States.
Then it was that the controversy arose
as to the right of the colored Senators
and members of that Legislature to
hold their scats. Then it was that in
violation of the constitution of the
State of Georgia, in violation of lhe
amendment to the Constitution of the
United States the majority of,that
Legislature excluded from their body a
portion of their Senators and Represen
tatives ; but this conduct was sub
sequent to the complete election of
the Senator-elect. As lam authorized
to say by him, for he is not allowed
to speak for himself, he disapproves
of this highlyq and hopes through the
powers conferred by the constitu
tional amendment itself to be able to
prescribe a remedy that will not only’
prevent Georgia, but any other State,
from adopting a like course in viola
tion of the constitutional amendment.
I trust, therefore, that the Senator,
under the circumstances, will be
allowed to take the oath of office, and
that if any question be made his
credentials may be referred after
wards. This is the usual course.
I have said that the members of the
Legislature elected took the oath of
office prescribed by the Constitution of
the State. Whether they committed
perjury or not is hardly proper for us
in the Senate to examine or inquire
into. Certainly it would be a very
extraordinary thing for the Senate to
inquire into the action of members of
of the State Legislature in that re
spect, especially when all who were
elected and claimed to be elected were
sworn into office, and when a contro
versy as to the eligibility of three or
four Senators or members would not
have affected this election in the least.
Mr. Wilson. Mr. President, I de
sire to present and have read to the
Senate a memorial of a convention of
the colored citizens of Georgia, assem
bled in that State at Macon, on the
6th, 7th, and Sth of October, which is
signed by Mr. 11. M. Turner, the Presi
dent of the Convention, and James
Porter, Secretary, and is submitted by’
a committee appointed by the Con
vention, consisting of James M. Simms,
Henry M. Turner, and John T. Costin.
I ask that this memorial be received
and read for the information of the
Senate.
The President pro tempore. The
memorial will be read if there be no
objection.
| The Chief Clerk read the memo
rial, which was very lengthy. ]
The President pro tempore. Shall
the Senator elect Jrom Georgia be
permitted to take the oath with a
view’ to his admission to his .seat in
the Senate? That is the question.
Mr. Sherman. I did not object ts
the reading of that paper, because I
thought, as it bore upon the condition
of affairs in Georgia, it was right
enough to place it on the record; but
it not only does not conflict with the
right of Mr. Hill to be sworn, but, it
rather, if Senators will consider the
question, show his right. All the
matters that have been complained of
by the excluded members of the Leg
islature occurred after Mr. Hill was
elected: and I may further say that it
is the desire of the Senator elect to
participate with us in protecting these
very people in. the enjoyment of their
clear right to hold office in the State
of Georgia and throughout the I Anted
States, when they are duly’ elected by
the qualified electors of a State. It
is, therefore, rather hard to read this
memorial and file it upon this appli
cation to be sworn in by Mr. Hill
when really his desire is to secure
these people against the very inflic
tions which Imve been put upon them
by the majority of the Legislature of
Georgia.
But I rose mainly to ask the Secre
tary to read, as bearing upon this
question, a portion of the report of
General Meade. It has not been
communicated to us officially, but it is
published in the journals, and it shows
precisely the mode and manner in
which this question arose. I may’
state, in brief, that the very’ question
of the power of General Meade to pass
upon the eligibility of the members of
the Legislature was presented to him
and he applied to the War Depart
ment for instructions, and the War
Department telegraphed him, sub
stantially, that he had no power to
pass upon the eligibility of members.
The Secretary of War, then the Gene
ral-in-Chief of the Army, consulted the
Reconstruction Committee, or a por
tion of them, and I have here in <4en.
Meade’s report a telegram signed by
Mr. Wilson, Chairman of the Judi
ciary’ Committee of the House of Rep
resentatives, and also by’ Messrs.
Boutwell, Farnsworth and Paine, of
the Reconstruction Committee of the
House, in which they’ state what I
think is lhe law :
Wasiiixotox. June 30.18tib.
We think that persons disqualified under
the fourteenth article of the amendment to
the Constitution of the United States arc not
eligible to your Legislature. This is to be
determined by the respective Houses, and no
oath can be" imposed except tin'oath pre
scribed by the State constitution.
To Governor Warmoth, New Orleans.
In precise conformity to this dis
patch General Meade declined to pass
upon the eligibility of members, there
being two or three, as 1 understand,
i perhaps more, in each house of the
Legislature of Georgia to whom
there was some doubt as to their
ability to take the tesl-oatli. The
[ question arose as to whether General
Meade had ]*owcr to exclude them bv
withholding from them their eertiti
■ cates of election. In pursuance of the
decision made by the Secretary of
: War. ami in compliance with this
; telegram, and in compliance with the
law, I think, he refused to act on the
. subject, ami referred it to the Legis
. laturc. There was no objection made
to the eligibility of either a Senator or
member prior to the election of Mr.
Hill. All the members elected to the
Legislature contributed to that elec
tion, those who were ineligible pro
bably voting against Mr. Hill, so that
he received a majority of all the per
sons elected to that Legislature,
including or excluding those who were
claimed to be ineligible on account of
incapacity to lake the oath of office.
These members did take the oath pre
scribed by the constitution of GeoD
gin, and were, upon taking that oath,
admitted to their seats. In justice to
Mr. Hill, I will ask that a portion of
the report of General Meade be read
and placed on the record; and after
that is done, after a conference with the
Senator-elect, and with his consent, I
am perfectly willing that this matter
shall lie over for a day or two to allow’
Senators to look in into. I hope that
then there will be no objection.
The President pro tempore. The
document will be read if there be no
objection. None being made, it will
be read.
The Chief Clerk read as follow’s:
The convention in Georgia, after being in
session several months, in March adopted a
constitution, which, together with a State
ticket, was submit tod to the people in April,
and ratified by a very handsome majority of
the registered"vote, all parties taking part in
tiie election. This constitution, with some
modifications, was adopted by Congress,
and lhe Legislature which convened in July
making these modifications and otherwise
complying with the requirements of the re
construction law, the Slate, together with
Alabama and Florida, were, by act of Con
gress, formally admitted to representation.
There is one point in regard to the admission
of the State of Georgia to which I feel called
upon to make special allusion. When the
Legislature was convened by the Provisional
Governor and Governor elect, the question
arose whether, as military’ commander, I was
called to inquire into the eligibility of the
members, either under t he United States laws
or the Constitution of Georgia. The conven
tion of Georgia has, in its ordinance calling
an election, directed that all returns should
be sent to the military commander of the dis
trict, who was requested to issue the neces
sary certificates of election. In carrying out
this request of the convention, I deemed my
duty simply required that I should give the
member having the greatest number of votes
the'ordinary’ certificate of election, and that
it would be for each House to decide on the
eligibility of those members whose scats
were on any grounds contested; while I ad
mitted as district commander executing the
law. I was to sec that no one ineligible to
office under the fourteenth article of the con
stitutional amendment should be allowed to
take office. I did not assume that in the case
of a parliamentary body that I was called on
to decide in the qualifications of the mem
bers. I n this view I was sustained by a tele
gram sent to me for my information to the
War Department, which had been sent to
the Governor of Louisiana and the military’
commander of the fifth district, and which I
quote:
WaslUNgtox, June 30, 1868.
ToGocernur Warnwvth, A'«w Orleans:
We think that persons disqualified under
the fourteenth-article of flic amendment to
the Constitution of the United States are not
eligible to your Legislature. This is to be
determined by the respective Houses, and no
oath can be imposed except the oath pre
scribed by the State Constitution.
James Wilson,
Chairman Judiciary Committee.
George S. Bovtwell,
J. F. Farnsworth,
11. E. Pavne,
Keconstructiou < 'ommittce.
it will bee seen by the above telegram
that the distinguished gentlemen whose
names were attached were of lhe opinion
■ tjjat no one ineligible to office under the
fourteenth article could take a scat in tiie
Legislature; second, that tiie reqiectivc
Houses were to judge of the question ; third,
that no oath testing this eligibility could or
should be prescribed in advance of the meet
ing of the Legislature. These views being in
accordance with my own, I acted on them
and was present at the organization of the
two Houses of the Georgia Legislature, to the
members declared in my order as having tiie
highest number of votes, there being ad
iqinistered only the oath prescribed by tiie
State constitution. After these Houses Were
organized, the provisional governor inform
ing inc officially of their organization, lint
that as far as he could learn no steps had
been taken to test the question of the eligi
bility of members under the 14 th article. 1
pliid to the governor that until the State was
admitted to representation th? Legislature
and all the officers were only’ provisional and
subject to the paramount authority of the
district commander, and that in the exercise
of this power I should consider all acts of
the Legislature null and void until satisfac
tory evidence was presented to me that each
House had purged itself of ineligible members
under the fourteenth article, provided there
were any such in either House; and I
desired the provisional governor to commu
nicate these views to each ' House. On the
receipt of this letter each House at once or
dered an investigation and inquired into the
qualifications of each member, and duly re
ported this fact through the provisional gov
ernor, stating at the same time that neither
House had found any member ineligible.
The provisional governor, on transmitting
these communications, expressed the opinion,
founded on evidence presented to him, that
several members in both Houses were ineligi
ble, and called on me to exercise my power
and require said members to vacate their
seats. On reflection upon this subject, I could
not see how I was to take the individual
judgment of the Provisional Governor in the
face of a solemh act of a parliamentary body,
especially as. from the testimony presented,
I did' not in several cases agree with the
judgment of the Provisional Governor. The
question was simply whether, in the con
struction of a law’ and in considering the
facts of individual cases, I should make my
self the judge, or take the opinion of the
Provisional Governor in the face of the
official information that a parliamentary’
body’ had gravely and formally, through a
committee, examined, reported and acted in
these cases. My judgment was decidedly
that Thad fulfilled my duty in compelling
the Houses to take the action they had, and
that having thus acted I had neither author
ity, nor was it politic or expedient, to over
rule their action and set up my individual
judgment in opi>osition. By an inspection
of the telegrams sent July 18, and the reply
of the General-in-Chief,’July 28, it will tie
scon that my view’s and actions were ap
proved. 1 allude thus in eotengo to this sub
ject. liecause his Excellency, the Governor of
Georgia, in a public speech recently delivered
at Albion, New York, is pleased so to attrib
ute the failure of Georgia to be properly
reconstructed to my action in fading to
purge the Legislature of his jiolitical oppo
nents, he having advised me. when he urged
such action, that his friendshad been re
lieved of their disability by Congress.
Mr. Sherman. I now move that the
credentials lie on the table for the
present
Mr. Thayer. I desire to add a few
words now in connection with the re
port of General Meade which has been
read.
'Pile President /<ro tempore. Does
the Senator from Ohio withdraw the
motion to lav on tin* table?
Mn Sherman. Cwtainly
Mr Hun er. Neither tl., I
from Ohio uor the r. p„ rl - v 1
Meade touches the real .. n J, " ■
sue. It i. not that tlj 1
theU-gislaturetoek t),. * J ' I
by the State constitute,, " I
which I made in M iv f 1 " I'fl
was this: that everythin,, u ■
•tonal until the final act <>7 !' ’■
of the work of recon.st l u
election oi that l/es'islature '■
visional; its meeting aud it ■
tion were provisional; and '.'i, ■
required to take the oath p, J’ fl
the reconstruction law* T) : fl
nothing to do with any -l • fl
for in the State constitution
the State Constitution
submitted to the Congress r IB
been approved, and the act d i
Georgia restored to the Union'l '?
been passed. I called for X ! r
of the communication front the (■
nor in order to bring out this
support of the objection wlm-h'n'j
made: and is in these words
i'ortli by the Governor of GeorU,
The tact, however, is that all th c ±
for the General Assembly w i„>
the highest number of votes n dr ‘
regard to their eligibility undw ,\
There is the point—
“permitted to take seats in th,
legislative body. and to pni .,/
gainzatwn and the legislation th,'l
first been simply invited to take tl,
scribed in the new constitution, Avl ,-.
stltution had not at that tini-L,/, ’
under the law could not then be , ' 1
The objection is that that l’.'2
tore was composed in part
who had been expressly dUq l; „|i(
and disfranchised, and who v *ii|.| i
become members of the I. j
and yet, notwithstannin- tl f 1
provision of the law, they were 4
mil ted to take their seats in the L]
lature, and to become le«rislat<>rx J
help to elect these Senators. [ I
pose now to inquire whether t|
action was legal, whether the J
struction acts have been fully e O nJ
with.
The honorable Senator hunt tj
says that the Senator-elect from (J
gia W’ill be kept in suspense. 1(J
life is in suspense in Georgia; I
order is in suspense in "Geow
loyalty is in suspense in Geotj
human liberty is in suspense in Gi
gia. I propose, for one, now toind
whether this state of things is to ]
tinue or not; whether there are J
ernments there which can afford j
tection to human life or not; an]
not, why not? There is no uweJ
for pressing this question now.
Mr. Sherman. I renew the mo]
to lay the matter on the table lor]
present and I shall call it tip .i»|
perhaps on Wednesday.
The motion was agreed to.
■ * ■* *" * I
1101 sE.
The Speaker. The Chair .- I
before the House, as a quesfrifl
privilege, the following iTijlenl
from the Governor of the Smtl
Georgia, which will be reported ini
by the Clerk.
The Clerk read as follow-:
State or Georgi? I
By his Excelkucy Kut’rs 11 ii. il
'Governor of said st J
Tu llun. John, .1. II uupn, ipmiiKj ‘ ■
Whereas the convention of t atm
this State held under the recon-iraww
of Congress passed an
10, 1808, which ordained that an ■. fi
held beginning on the 20th dtiy ,4 fl
1868, for Representatives to the t ■
the United States; and whetea- tie tfl
made agreeably to said ordinaiicr •!. I
John li. Christy received tin lii.l.i'lrfl
of votes for Representative Irum ili-fl
Congressiomil District of this : g
whereas lam satisfied, front th< fl
my possession, tliat said Chri-ty t nirifl
fourteenth amendment to the Con-nnwfl
the United States, ineligible to otnafl
whereas section one hundreil ami i« fl
. of the Code of Georgia declares th;'.’:: ■
popular election to till tiny office the fl
elected is ineligible the person n fl
the next highest number of vote -Isl
eligible, whenever a plurality ilie-, yfl
declared elected and be qualified |
missioned to such office; and "I- g
the said John A. Wimpy, h:>v fl
next highest number of vote hy fl
Congressional Dist rict a I said dcct«> t. tJfl
not "ineligible; and whereas it i- fl
under the laws of Georgia, to -
persons legally elected ; these an. -®-fl
to commission you, the said John ' «■
to take, session in the House of Wnfl
tives of the United States in aiCJio- : fl
said election under said Orditii® - -fl
which is hereunto annexed, and h'i |
exercise all and every privilege al ;Afl
which of right you may or can d" l .fl
virtue of the Constitution in bcr> > ll |
State. , , . 1
Given under my hand and tliegn“ ! fl
the State at the capitol in Atlanta. ! y-|
day of November. A. D. 1868, ano -fl
dependence of the United States"' •fl
the ninety-third.
By the Governor: I
David G. < oi; >fl
Secretary of 'fl
Mr. Brooks, Speaku
in my hand a certificate fl’;” 1 ' ‘1
General Meade, conimanuiuy
military district in which bi‘ -fl
situated, a certificate of e .‘ J
the reconstruction acts of fl
giving the seat to John L fl
I send it to the Clerk s des I
that it be read: after which fffl
to make a few remarks in re] I .' fl
statements in the certificate '• g
just been read.
The Clerk read as follows • ■
Headq’bs Tnm» I
Georgia. Florida and.A b - J
From returns made to
by lioards of registration ol tn ■
in the State of Georgia ioi .. {
said State and for
under the provisions oi Ge ‘ .a
40, issued from these hrad l a ■
election commenced on the ' ■
and continued four - t ■
fled that it appears that m .. t , ■
H. Christy received a.inaJ'
cast for a Representative to u k
the United States from _th<- ■ ■
sional District in said . Mev ■
<tLo. yv. «
.Vaj. Gm. L . S. floor. ■
Mr. Brooks resumed the n ■
Mr. Dawes. Mr. Spcakei ■
Mr. Brooks. |
temporarily to the g el 1
Massachusetts.
Mr. Dawes. I ’ J I
tion that both th<#e l’;^ 1 „ t 1
ferrcd to the Committee |
tions. ,
Mr. Brooks. That is a 1 «
tion, and I propose i
motion; but in orde .pfl
wrong impression t "' ,t .
from the certificate of tin. (
Georgia I wish to state ( -fl
tleman from t+corgto
h.il.Ls the s.-irm eertifirnt. |