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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. |