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'tVcrklii jflcu- (f’va.
Official Journal of tire United States.
Official Journal of the State of Georgia.
OENKIIAL (alt A XT,
Tuz Pilot who cm and will odide the
o? Stats safely theocoh every storm.
THE XEW ERA
Will Vindicate the Pewciplis and the
Policy o? the Republican Party, and Sup
port its Nominees, State and National.
teroua piece of legislation was never attempted;
| a more grorfs and inexcifaable outrage upon
I tha vested rights of officers, or a more direct
insult to the people who commissioned them,
J has perhaps never been recorded in
the annals of partisan warfare, or in the
records of legislation. It is a matter of con- | the labori
gratnlation therefore, with every true citizen
of Georgia, no less than with the Republicans
of the State, that Georgia has been admitted
without restrictions, and that her new Govern
ment will be permitted to enter upon its legal
term as provided in the new Constitution.
TERMS OF THE M EEKLY :
THE DAILY
1 Copy oi
1 Copy si
Copy, la
Tin
ATLANTA, GEORGIA, : JULY 19, 1*70.
Opinion*.
Wo find the following in onr onr press
dispatches from Washington:
■‘II. P. Farrow, ono of the Georgia United
States Senators, has issued an address to the
Georgia Legislature. He takes the position
that the bill adinittiug Georgia leaves the Con
stitution untouched, and therefore the election
inusftake place ill November; that it would
justly ruin the party to jrerpetuate themselves
in power. He is diametrically opposed to
Governor Bullock and Blodgett."
The telegraph-man volunteers tho state
ment that Col. Farrow is “diametrically op
posed to Governor Bullock and Mr. Blodgett."
So for aa we are advised, neither of these gen
tlemen have made public any opinion they
may entertain,upon tho proper construction
to tie given to tho Georgia Bill as it passed,
but any and every person is entitled to opin
ions and to the expression of them, and some
light may bo gained by using even the dimest
lamp. All will be useful in aiding the Legis
lature—the only authority which can d. cide
the matter—in reaching a decission ns to the
timo when their term undo- the OmstUution
commences. That the term ends two years
after tha Constitution becomes tho funda
mental law, no one will deny. That the
members were elected under the constitution,
no one will seriously affirm in face of the fact
that the Constitution was voted for on the same
days and in thesame ballot boxes that tic mem
bers were elected. If the organization of the Leg
islature in July, 18G8, was valid, and the Con
stitution was then the fundamental law in fact
as well as in theory, then Messrs. Hill and
Miller are the legally elected Senators, and
ought to bo admitted. If, on the other hand,
as Congress has in effect declared, tho organi
zation of 18C8 was not in accordance with the
Reconstruction acts, and the Act of December,
1888, was necessary to effect a legal organiza
tion, then Messrs, Farrow and Whitcley are
the duly elected Senators, and should bo ad
mitted. This being trnc, tho Constitutional
term of the members of the Legislature com
mences from tho date of snch organization.
Of course tho Constitution it “untouched'
in either casi, hnt the question is, when did
the civil government of the State, cease abso
lutely to rest upon the basis of the Reconstruc
tion acta, and become recognized by Congress
as a civil State government, resting npon the
uew Constitution, entitled to representation in
the Union? r s
This is tho question 1 which the General
Assembly will decide for itself, and from snch
decision there can be no appeal, and no re
versal exoept by act of Congress.
These were among the first—perhaps the ! of
very first—distinctive measures of the Re- 1
publican party of the State; and they came
a time when Christian philanthropy and a
sense of public justice, demanded them. It
was at a time* of general destitution among
and when apprehen
sions were entertained of great distress and
hardships among the masses.
Governor Bullock had just cutered his
ConslH
iional government of the State. ! Legislature this fall as the Senate amendment ]
> if to leave no room for doubt ] provides
The Gforgia Cnie Settled*
The bill for tho admission of Georgia,
paused the House Thursday morning, is, with
the exception of ono or two verbal alterations,
the same as that originally passed by the
Honse as reported from the Reconstruction
Committee. It places the question of an
election at the disposal of the State Constitu
tion as interpreted by onr State Legislature.
It thou recognizes the validity of the -election
of 1868, had for officers of the State govern
ment; officers who were to enter npon
their duties ns such when Congress should
take the State from under tho United States
authorities, and place it upon the basis of the
new State Constitution.
This is all that Georgia Republicans have
ever naked; and this action by the United
States Congress, though long delayed, is a full
endorsement, of tho position of the Admin
istration, to wit, that, up to tho timo the
State should be admitted by special act of
Congress, Georgia was under tho United
States authorities, and her new constitutional
Government therefore merely in abeyance. If
in abeyance, then, it enters upon its constitu
tional term when the State is Liken from under
the Federal authorities, and placed under the
government prescribed in her own Fuudamen
tal Law, as provided in the Bill just passed.
The Constitution of the State provides that
tho Governor and the members of the Legis
lature shall hold for 1 the term of fonr and two
years. Congress approved this feature of the
Constitution as “ republican in form,” July
‘25th, 1868. The Governor and Legislature
were chosen the samo year, but not necessa
rily to act as provisional officers during the
time that might elapse lx-fore the State should
be admitted. The people had no authority to
do that—none whatever, cither from their own
Constitutional Convention or from Congress.
These officers were therefore chosen to act as
the first set of State officers whenever Georgia
should bo clothed with tho dignity of
State. They had no authority from the
people of the State to do anything prior
to the admission of tho State, except
to elect United States Senators, and await their
admission. In the meantime, tho State was
entirely under tho control of the Federal Gov
ernment; or, in the language of Attorney Gen
eral Akerman, there was “no lawful authority in
Georgia except the Reconstruction Acts of Con
gress and the District Commander.” But the
United States Government might authorize,
suffer these same persons to act os provisional
officers white awaiting admission, and this was
doneas it had been in other ttites. But that
neither enlarged nor'diminished their right
under the people's commission; and henco it
follows that whenever the State is admitted,
the official term for which they were commis
sioned by the people begins, but not a moment
before. From thence, the State Constitution
provides how long they shall continue. It
was not a question for Congress, and hence,
was very properly left with tho State by tho
Act just passed.
Thera never was any pretext for setting aside
the election of 1866, since it was a fair and
legal one. In fact. Congress never had the
authority to do so; nevertheless, that body
was repeatedly importuned by Democratic
leaders and sore heads, to attempt it iu tho
pi«nn>f and form prescribed iu the Bingham*
Farnsworth proviso. Tho whole issue, when
divested of its surplusage, was simply this :
By the permission (or sufferance) of the Fed
eral Government, the officers elected in 1868,
to membership in a constitutional State Gov
ernment, (to enter upon their duties when such
Government should bo established), have been
acting as provisional officers for the last year
and a half, ami part'of that time in tho belief
tint the Slate had been admitted ; und whilst
it was not pretend**! that I bn. fact inter]*):
any legal disqualifications, or that ih.y were
vorec for a little experience, the Bingbamites
proposed. to exclude them after the State
should be in fact admitted! A more prepos-
rgin Bill mid our .Suit L.rgi»ln-
tare.
The legal argument involved in the relations
Of the Georgia Bill to our new State govern
ment, is exhausted in tho masterly speech of
Mr. Scofield, delivered during the discussion
of the Bill in the House,*and which we publish
this morning. It should command the careful
perusal of every niau in Georgia, and espe
cially of the members of our Shite Assembly.
It effectually disposes of the cant about “pro
longation,” “extension,” “usurpation,” Ac.,
as resorted to by the Democratic press, in
their discussion of the issue involved in the
admission of the State, and its bearing upon
the official term of tbe officers elected in
1368.
If that election was legal, then any propo
sition looking to an election this fall, was
simply and purely a revolutionary proposi
tion. It sought to s»-t aside the commission
of the people, and to deprive the legally elec
ted and eligible officer^^^their vested fran-
Mr. Scofield shows that, as a legal proposi
tion, the scheme for an election this fall, based
npon tbe assumption that the terms of these
officers began nearly two years ago, is simply
absurd. They were elected as tho first set of
State officers under tho new State Constitu-
tion, to enter npon their duties when Georgia
should be clothed with tho dignity of a State.
Their term as such officers, conld not, In the
very nature of the case, begin before the ad
mission of the State; because, previous to
that time, the State was under the exclusive
control and government of the United States
authorities, and not under her own Constitu
tion. If they (by tbe permission or sufferance
the United States authorities) acted as pro
visional officers daring the interim interven
ing between the time of their election and the
admission of the State, they oj course derived
their authority from the United States, and
not from the people of the State. Their com.
mission of authority from tho people, re
mained in abeyance; and their selection to a
provisional office, by the Federal authorities,
did not work a forfeiture of a franchise con
ferred by the people, and which was to come
into being when Georgia was admitted.
Aside from the revolutionary features em
bodied in the Bingham proviso, it did not, as
measure of public polity, meet the approba
tion of the substantial men of Georgia. Men
who represent the material interests of the
State, wanted no election this fall. They did
not desire a re-opening of issues settled by the
election of 1868. They had accepted the Con
gressional plan of Reconstruction as the set
tled policy of the Government They had
abandoned the Andrew Johnson theory of
‘restoration,” and recognized his “policy
failure. They had made up their minds to a
State government brought into existence
through the Reconstruction process, and only
awaited tho admission of the State, to recog
nize the authority of the State Government
elected in 1868. Recognizing that election as
legal, they were willing to abide its issue.
They recognized tho eligibility of the persons
elected to office in the State Government, (to
be installed when Georgia became a State,)
had stood at
isiness circles;
is still in tbe
asures of his,
man, and his
s to the high
Mr.
political career. Hitherto,
the head of commercial ant
as a statesman Lis recore
future; but this and other measur
pointed him out as the coming man
nomination by the Republicans to
office of Chief Magistrate, was more
of course than the result of diploin;
Blodgett, being a man of the People, was
then, as 'now, in full sympathy with them.
His “Homestead” measure responded to the
wants and necessities of the toiling mosses,
and to the common sense of all classes regard
less of mere caste or party. And it was this
perhaps, as much as any one act of his life,
that made him tho choice of the Republican
masses for tho honorable position of United
States Senator.
NIr. Dana, am
Among the persi
hi* Ge
nts of
tent, petulent assail
President Grant’s Administration, fa the New
York Sun, a newspaper of commendable en-
terprise and respectable ability. Every issue
of that journal, for twelve months past, has
been marred by some ill-concealed malignity
towards the President. It was also foremost
among the advocates of the Bingham Amend
ment to tho Georgia bill, and had many covert
flings at Gov. Bullock and tho Provisional
Legislature of this State.
Under these circumstances, it became popn-
lar with the revolutionary faction of tho Geor
gia Democracy. It became high authority
with our provincial Democratic press. They
copied its diatribes npon the President with
great avidity. Tjfiy ’wre> awift to appropriate
from its columns whatever they saw therein
inimical to the State administration; and
they took especial pains to inform their
readers that the Son was a Republican paper,
thus seeking to deceive and mislead their
readers in respect to the nature of the source
from whence they drew their inspiration.
A few days since, this leader of the Ishmolit-
ish, anti-Administration faction of the Democ
racy, contained a letter from Atlanta, detailing
the particulars of an outrage, alleged as having
recently taken place in Forsyth county, in this
State. The transaction, as recorded in the
Sun, was a most revolting affair; but the Sun's
account of it produced no response from its
echoes in Georgia. They all passed it over in
silence! Not one of them even alluded to it!
Were the facts therein stated true? Then why
did the local papers suppress them? Were
they false ? Then why did they not say so?
Were they interested in tho suppression of the
it respecting hi* opinion of the legal effects of
a the Bill iu its relations to our State Govem-
Itlment. Judge Bingham, in tho course, of the
same speech, said:
“Instead of further conditions, Mr. Speaker,
it is nmc proposed that by Uiw icc sfiall make tl*e,
legislature of Georgia, date feom the passage
of the hell now uefobe us. The gentleman
from Pennsylvania [Mr. Scofield) has the can
dor to admit it, us I expected he would, it
follows of necessity, from this legislation, and
the light of the conduct of the present Gov-
aor of Georgia, (Governor Bullock,) who in
every official document since January last has
designated himself as provisional governor,
and the Legislature as the provisional Legisla
ture of Georgia. ”
Now, can there be any doubt in the mind of
any rational man but tbat Mr. Bingham
understood the Bill as a prohibition of
an election this fall? Judge Bingham’s clos
ing remarks in his speech against the Bill are
in these words:
I am for the section reported by the gentle
man from Massachusetts, [Mr. Butler] author-
* tho Statejto organize their militia. I have
no objection to it. I supposed that restriction
had been repealed long ago. Assuming it has
not, I am for allowing the State to organize
their militia. I do not donbt the power of the
President to intervene there or anywhere, un
der the general laws, to suppress domestic vi
olence. Lethimdoit. Now, with a militia
organized under a Governor on our side, un
der a Legislature on onr side, with laws en
acted bj* onr own friends, if we cannot carry
the election, shall we for that reason refuse to
allow the people of Georgia to vote as pro-
dod in their Constition, which wo have ap-
oved? Sir, that is a most lame and impo
rt conclusion, ami if it prows anything it
oves too much, and is therefore utterly
>rtliloss for the porpose of this argument.
If the people cannot have a peaceable election,
having the whole legislative power in their
hands, backed by tbe militia and the power of
the United States, then they are not fit to be
admitted to representation on any terms. If
they can, they ought to be.
[Here tho hammer fell.}
Will any man in his senses now say tbat
Judge Bingham and those who constituted his
faction in the House, did not oppose this Bill
because, and only because, it prevented an
lection this fall as proposed in the Bingham
proviso ?
Mr. Garfield, of Ohio, another prominent
advocate of tho proposition contained in the
Bingham Amendment, in the course of his re
marks on this bill, before its final passage,
said:
There are about three classes of conditions
pending. In the first place, the Senate has
sent us a bill in which it fa definitely prescribed
that Georgia shall on a certain day of Novem
ber next bold on election for members of the
Legislature, and that she shall then be enti-
Nq oidinary exigency could warrant or - ex
cuse tho chairman of the committee and his
friends in'reporting again a bill which both
Houses had rejected, and in attempting to ex
clude, even from consideration, a provision
sustained by a majority of the committee and
indorsed by both Houses of Congress. The
truth may ns well be avowed; they are deter
mined, if possible, iu plain, palpablo viola
tion of the constitution and laws of Georgia,
niter disregard of the decided action of
both Houses of Congress, to perpetuate the pow
er for two vears longer of Governor Bullock and
his Logos Legislature, and therefore postponed
the report till the very heel of tho session,
when it was supposed the chairman of the
Committee on Appropriations would succeed
in cutting off debate by threatening us with
an extension of the session if we did not lay
aside overything and take up the appropria
tion bills, or that the chairman of the Com
mittee of Ways and Means, or some other
leading Representatives, would always secure
tho floor and exclude this bill, or at least put
the gag on all who sought to oppose or expose
it. "Want of time for discussion was to be the
excuse to the House and the country for tho
wav it was expected to crowd it through.
These extracts might be extended to an al-
ost indefinite length. The whole discussion
however shows beyond the possibility of ques
tion that the Democratic members of the House
and those Republicans who acted with Judge
Bingham, opposed the Bill in its present shape
because (as they said) it prolonged the term
of the State Government of Georgia.”
THE REAL ISSUE. |
Debate oil tlic Georgia Bill.
and governing as such till March 2,
1867. The President also claimed that
they were restored, and advised Congress of
the fact, and also advised them that nothing
remained to be done except tor Congress, each
House acting sejxirately and indepeddent of
I the other, to admit Senators and Represents -
SPEECH OF 3111. SCOFIELD! “n P»gr«R wpnd&tea tint, advice.
OX THE LEGAL STATUS OF THE
GEORGIA LEGISLATURE.
Tiic Terms of tile State Officers lieeriu with
the Admission of the State.
A MASTERLY LEGAL OPINION.
tli\. In Kiiropc—Will there lie AVwrl
be tenor of yesterday's dispatches is of
sucli a nature as to rofuto Napoleon's famous
assertion, “Tho Empire is peace!” Tne nu-
iuitiated supposed that Holienzollern’s with
drawal would end tho little “unpleasantness*
between France and Prussia. But it did not
change the situation in the least. France has
never assailed Hohenxollem. Prussia was the
object of her displeasure, from the first—
King William endorsed the candidature of Ho-
henzollern, and it must be understood that he
did slot withdraw the Prince, but the Prince
withdrew himself; thus leaving Prussia and
France occupying the same positions, with
reference to each other. Prussia stands com
mitted to a policy which will make Spain her
natural ally, and France, tree to her past, and
true to her interests, determinedly opposes an
attempt to destroy the balance of power.—
People not versed in European politics, think
that France has no casus beUt; that «hc has
received no provocation, and is not justifiable
in drawing tbe sword before an overt act on
the part of Prussia. But that is not the prop
er view to take of tho matter. The truth is.
dor of that portion of the Democratic press
that have hitherto been the convenient ecboes-
of tbe Son.
Tbe Ea* copied this letter without comment,
simply as an item of news; or rather as a bit
of rnmor that bad obtained credence abroad,
and been endorsed by a leading Democratic
newspaper. WTe knew nothing of the facta,
and were surprised to observe the death-like
silence of the Sun's echoes in tho locality
where the outrage is alleged to have taken
place. We know nothing of the farts now,
and are mere ration; .than ever .to see what
. ilm III mm min 11 nl fill ifcWsIWipa
and conld not understand how the appoint- I per have to say in explanation of their reti-
ment of these persons to provisional offices, | ense !e
disqualified them for the discharge of the
duties to which they have been commissioned
by tbe people, especially os they conld not en
ter npon the latter until the former should
become inoperative.
The opposition to the unconditional ad
mission of the State came from those in
Georgia who opposed Congress, and supported
Mr. Johnson in 1806; from those who opposed
the Reconstruction Acta of 1867; from those
who opposed the Constitution in 1868; from
those who either directly advocated the expul
sion of the colored members, or who ac
quiesced in that outrage after its perpetration
by a revolutionary faction; and from those
who opposed, first the Act of December 22,
1869, and then its execution. Iu some in
stances, these parties were co-operated with
by a few dissatisfied, unstable, ambitions, ir
responsible, adventuraome, venal or weak
minded men, who had previously claimed
membership in tbe Republican organization.
These persons believed that some measure
like that proposed in the Bingham proviso,
would ultimately prevail; and consequently,
Prussia has committed an overt Act in support-
tied to representation iu Congress. To that | fog Hohenzollern. The withdrawal of that
EL’iSlSSS: {K? Prio “ m * k * DOt the sli « w r
an amendment, which also proposes that Geor- the status of aflairs. The policy has not been
gia shall be admitted to representation, but is withdrawn, and that means danger to France,
silent npon the question of the election. Tho ThCpolitical cquaibnum of the continental
CS&BSMi 2*5?$$ posted that the
members of the Committee on Reconstrue-1 slightest thing changes the “balance of power.'
tion, which declares that this bill shall not be I This “balance of power” must be understood
focta? or were they merely interested iu sus-1 construed to prevent an election. _The gentle- in order ,to appreciate European politics,
taining the character of the New Tork Hon for "nm^ffineS'tolctTh^ State ofGeoighTio! the Constituion is to a confederation of
veracity and correct information? Take either 1 but fa also silent npon the subject of an elec-1 States; what the “Monroe Doctrine” was to
reflects no.j tion; but it remands that subject, as the gen- | our Republic in its weaker days, the “balance
of power” fa to the nations of Europe. It is,
fact, their International Constitution,
chocks and restraints, are the safeguards of
national existence, and any attempt to violate*
them is a casus belli
This much being premised, it is easy to
understand the present attitude of France,
It is tho cherished desire of tho Emperor Na
poleon to preserve his dynasty. He is ono of
tho most remarkable men of the age. The vi
cissitudes of his life, nuequaled iu history or
romance, prove him to be an extraordinary
being. Beginning his imperial career with
horn of the dilemma, and the < w
credit upon either the enterprise, or the can- ! ti eman would say, to the authorities of' tha
BUI hi It Is Passed.
Some of the Bryant faction of the Georgia
Democracy, are endeavoring to create the im
pression npon their followers that the Geor
gia Bill, as it finally passed, makes the ques
tion of an election this fall a mooted one, and
that hence a construction of the Act providing
for on election is admissible ! How they can
do this in face of the opinions of those who
opposed the bill because it defeated the scheme
for a new election, it is difficult to tell. Even
Jndge Bingham himself, the author and
champion of the restriction looking to a new
election in 1870, understood this bill as com
pletely forestalling an election by recognizing
the term of onr State officers as beginning with
the admission of the State as provided iu this
Bill. This will appear from the following ex
tract from lifa speech on the Bill pending its
passage
Mr. BINGHAM. Mr. Sneaker, inasmuch os'
I voted before for the bill declaring Georgia
entitled to representation in Congress with
that ti.e Repub.icaa i*rty in GeozgU, ~ &
the honorable gentleman from Pennsylvania
near ita dissolution. And in view of that con
tingency, and in order to keep to the surface,
they loaned themselves aa decoy leaders of the
anti-Reconstruction faction of the Democracy,
headed by a clan of desperate and reckless
leaden.
Bnt tbe ordeal Is now passed. Tbe State is
admitted without tbe restriction sought to be
imposed by this faction. Republicanism is
again triumphant. The Reconstruction policy
of Congress has been vindicated. Tbe loyal
people of the State are protected, the rights
cf the Legislature guaranteed; and it only re
mains now for the Republican members of the
Ilonsc and Senate to stand up to their colon;
to remain true to their constituency, and true
to themselves. And this we feel assured they
will do at all hazards; for those who have
braved the storm through tbs »<»tb trial, will
not falter in the seventh.
The Relief anil Homestead Mt.'-ure*.
On the third day of the session of the Geor
gia State Constitutional Convention, Hon.
Burns B. Bollock, then a member of the
Convention, now Governor of the State, intro-
[Mr. Scofield,] to take np any portion of his
time in suggesting anything to tbe House
about what I bad said touching the effect of
such an act of admission without any limita
tion upon the act. I have noticed in the
progress of this debate that tho gentleman
was not candid enough to say to the
House for himself tbat it was his own jqdg-
ment as a lawyer, that the passage without
State of Georgia.
. Now, so tar as my own vote is concerned, I
should have no trouble iu voting for a sin .'lc
set of admission of tho State of Georgia, wi h-
ont remark or explanation, if I had not been
pnt npon my inquiry os to the effect of such a
vote. H nobody hiul told me iu an oflicial or
on unofficial way what would be the effect of a
simple act of admission I certainly would
vote for the naked proposition to admit the
State. Bat I am informed, in a way that 1
cannot donbt or ignore the foct that it will be
understood and taken for granted that the
simple admission of the State of Georgia will
extend the term of office of persons elected to
State ofticeng twoyears long. - thaw the 'Cbn-
stitntion under which they wore elected con
templated.
After quoting from Governor Bollock’s ad
dress to tho Republican members of the Uni
ted States Senate and House of Representa
tives, where the Governor nrges as reason why
the Bingham, Amendment or ita equivalent
should be defeated, that it would deny to
the members of tho Legislature of Georgia the
two years of legislative service to which they
arc entitled; anil from the Constitution oi tho
Staff.' providing for on election every two years,
etc. Mr, Garfield said:
Now, the constitution does not provide tbat
the person thus elected shall actually enjoy
the title and privileges of membership for jast
two years; bnt it declares that after this first
election there shall l>e on election every two
years. Now, the term of “ two years there
after” falls within the year 1870; and shall
we because thaw members have been defraud
ed of part of their two years’ term violate the
constitution of Georgia and declare,'or imply
by our action, that there need not be an elec
tion two years after the first? That is the
question we are called upon to determine.
But we are told that “if a new election be
held this year, these men will not enjoy their
full two years." Neither does a man enjoy his
foil term, of service when by any casualty of
political life he- is not permitted to take his
seat at tbe beginning of his term. How fre
quently do we see a member of this Honse
kept out of his seat by an election contest un
til a few days before tho final adjournment of
Congress. However great a hardship this
may be, can he bold over for two years into
tho next session of Congress, and enjoy his
term then because ho was equitably entitled
to two years service in Congress? I do not
wish to interfere in any election that has been
held or is to lie held in tho State of Georgia;
and having been notified that onr silence on
this subject will be construed into an extern
of tbe time of the State officers and mem-
From tlie Congressional Globe, June 24.]
Mr. SCOFIELD. I ask tho Clerk to road
tho substitute moved by the gentleman from
Massachusetts, [Mr. Dawes.]
The Clerk read as follows:
Section 1. And be it further enacted, That
tho State of Georgia having complied with the
reconstruction Acts, and the fourteenth and fif
teenth amendments to tho Constitution of the
United States haring been ratified iu good faith
by a legal Legislature of said State, it is hereby
declared that tho State of Georgia is entitled
to representation in the Congress of the
United States. -
Mr. Speaker, I support that substitute,
is stripped of all conditions and involves only
this question, is it important that any law' for
the admission of Georgia should be enacted
now or at any time? According to the Demo
cratic theory of treating the seceded States, it
is not; but according to the Republican theory,
it is indispensable. The Democrats have al
ways held that these States have all the time
been entitled to representation; that their
Federal relations were never severed, aud tteu
all congressional legislation upon that subject
was unconstitutional and void. The Repub
licans, on the contrary, have held that all
legitimate State government va3 destroyed by
the raibellionand that the relation of these people
to the Federal Government was similar to that
held by tbe inhabitants of an unorganized ter
ritory. To convert such a territory into a
State required three successive steps in legisla
tion:
First, an organizing act creating a territorial
government
Second, an enabling act authorizing the peo
ple to frame a constitution and elect officers
ureparatorv to admission.
Third, an act approving the constitution as
republican in form, and admitting Senators
and Representatives in Congress.
Under different names we have applied this
theory and its three legislative acts to the con
federates States. We have changed a few
words, to reconcile those gentlemen who could
rot at first adopt the territorial theory. So
“territorial” is softened into provisional,” “en
abling” into “reconstructive,” and “admis
sion” into “restoration.” Whatever somoper
sons may think, or however illogical they may
reason upon tho subject, the meaning fa the
same and tho assumption of power the same.
It is true that in dealing with these States we
have not always exercised all the authority
claimed under this theory. We have some
times adopted governments which we did not
authorize and .called them provisional, and
once admitted a State with a constitution
which was not made in pursuance of congres
sional authority ; but the samo irregularity has
occurred in territorial history.
Arkansas was originally admitted without
an enabling act, and California without either
an organizing or enabling act. These omis
sions are always supplied by legalizing the un
authorized acts of the people; but the act of
admission, tho act by which a territorial or
provisional government is converted into a
State government, never has, and, unless we
abandon onr whole political theory, never can
be omitted. Our theory, then, requires that
an act of admission or restoration should be
passed at some time for the State of Georgia.
On this side of the House, I suppose, we all
agree about that.
For this purpose a bill bus been presented
by the proper committee. This bill is oppos
ed, not particularly on account of its form, not
at all on account of its purpose, not because
Georgia is not now prepared for admission,
but because it is claimed that tlio State was
admitted more than a year ago. The gentle
man from Ohio [Sir. Bingham] thinks so. lie
_ fa good authority with me, and I suppose I
tocratie- Oeeimtfep Z’etat e'est ,mi. W '-y > " - iiUemen on thia slda of the
■raitt unwavt-nuj? nn»»K to mat 1 thif dartin^cd of war And the iron-
i: — lb : ' H|r : ~ r •’ blesome period of reconstruction his brilliant
They solemnly declared on tbe 13 th of De
cember, 1805, that no state could be admitted
or restored except by act of Congress. They
repeated this declaration on the 20th of Feb
ruary, I860, and again on the 2d of Marcb,
18G7, and in divers other ways and times inter
mediate. Why, then, should wo be told
here what these gentlemen of Georgia
thonght and said and did about this question
of admission? They had no power over the
question. But if they had, then their reverse
decision since the act of December 22, I860,
would be the authoritative one. So that the
gentlemen are ruled out by their own citation.
Congress is tho only body clothed with power
to determine that question; but as yet lias
never acted npon it
Butitissaid that Congress expected that
Georgia would be admitted under tbe act. of
Juno 25, 1868, and that the construction which
excludes her is more technical than substan
tial; that Congress might with great propriety
have w'aved this technical rule and treated the
State os if regularly admitted in July of that
year. That fa all true; but Congress chose to
do otherwise. Therein lies the trouble. In
stead of waving the technical rule as we might
have done originally and as, perhaps, we
should have done; instead of treating her as
an admitted State, our w'hole line of action and
legislation has been based npon tho opposite
presumption. It is now too late to cover
the irregularity by non action alone. That
might have been enough for the original defi
ciency; but to cure that, with all our subse
quent action based upon it, demands now' a
positive act of admission. Has not anything
been done by Congress to recognize Georgia
as a State.’' "No sirr nothing. On the contrary
Congress lias three times repudiated the idea
that Georgia was restored by that or any other
act. First, when they refused to admit her to
representation in Congress. I know tho House
admitted the Representatives, bnt the Senate
refused. It fa the same as if we had agreed to
a concurrent resolution for admission and tho
Senate rejected it. So fax as it goes it was an
abdication against her. Second, when both
Houses refused to coant her vote for President;
that was another adverse adjudication.
Mr. JONES, of Kentucky. The gentleman
seems to claim that the fact of Congress having
refused to allow the electoral vote of Georgia
to be counted was a reason why she was not a
State in the Union. I ask tho gentleman if
that refusal was not conditional, and so an
nounced by the Vico President, who was the
Presiding Officer of the joint session of tho two
amendment of the bill proposed by the gen-1 w w UUIVWO UUU4UCU4 .
tlcinan front Massachusetts, [Mr. Danes,] or bera ofthe Legislature of Georgia for tiro
tho bill as reported by the other gentleman longer than they were elected for, I
front Massachusetts, [Mr. Bntler], would not shall insist on snch a proviso added to this
have tho effect, under and by force of tho act I tiffi as will forbid any snch construction of onr
of 1867, to elect the present Legislature of I meaning.
Georgia for two years from this date, and as The SPEAKER, The gentleman’s time has
long thereafter as the intervening timo be-1 expired.
tween the election and qualification of their
successors two years hence.
Mr. SCOFIELD- I hope the gentleman will
not charge it to wont of candor on my port,
as I hod jnst approached that subject when,
to my surprise, I fonnd that my timo had cx-
nired. If I could get time, I would be glad
discuss it Tbe gentleman should not charge
GARFIELD, of Ohio, J ask the gen
tleman from Kentucky to allow we a few min
utes more,
Mr. BEOK, I will yield to the gentleman
for three miuntes longer.
Mr. GARFIELD, of Ohio. Now, Mr.
Speaker, without intending any reflection npon
any member, I desire to ask my Republican
it to a Jack Of candor or my part, when the friends in this Honse, if they were perfectly
gavel o£ Uie Sp<»ser cut me off, I assured of a Republican victory in Georgia
tk:. £.11 7.,, .1 .Innkt on* rurtf
and I withdraw the word. But will the gen
tleman answer me if that fa the legal c-ffect of
this legislation without any snch qualification
777f w as I have stated?
duced what afterwards became known as the ^ SCOFIELD. I think that whenever we
“ Relief” Resolution. That measure was admit the State the legal constitutional terms
promptly passed by tbe body, ami was as of its officers begins, and runs as long as the
promptly ratified by the District Commander. Constitpfion of Georgm provide^ and that we
I 1 J : have no constitutional power to interdict or
II was the nret ray of hope to the poor man. OTcrri de the Constitution of Georgia by a min-
It give an earnest of a purpose on the part of isteriol provision.
the Republican parly, to reverse the old order ^ r - BINGHAM; That is ferity the effect of
Of class legislation, at test in so for as to
emancipate the masses from the thmlldom of to strike down the Constitution of Georgia.—
the fortunate and privileged few. It sought I Jt has been settled, and will stay settled in
to throw around tho citizen a safe-guard to hfJWl&erP and the other, that thirty
.be Utile tbat was .eft bin, by tbe casualties o, ©£fc
a war inaugurated by Democratic leaders. It say another word in this connection,
responded to the wants of the people, and was | gentleman has his interpretation ol the \
i j i— * *- irexj member
reason to be-
g falD
condition of the country, and who were wil- a pamphlet by Governor Pollock, who asks us
ling to forget the unfortunate past, and address to continue his term for two years long
themselves to tho 4atte SSij n»Pfombflitte h* iu viol “ liou of
of the Present. ° '
This was the pioneer movement for Belief.
It was followed np by the Honorable poster
Blodgett, in hfa proportion for a “IJonjeste&d
responded lo uie warns ox uie people, ami was genueman nos ms uunutciauu
heartily concurred >u by the flder and better legislation addressed to e
, ' / i- Tii • j of this Honse, ns I have good :
clan, of DaMMMte who tj*h*fd the ruined lieT< ,. lt ccrtain i y haiTbeen addr.
clause in tbe new Constitution. This measure p f opreonntry; it violates tho Constitution
was likewise adopted by pi,e Convention, $nJ Georgia j it violates the declared creed of the
it went before the people for ratification in Repuli'.L^Q I> ftr ty? that party which under
. — - T ... .. * - r% «• 1 God .has brought about the restoration of
ls6fb Neither the aiwtlmmaa of Democratic | ^ ( sc disorganized and in»i;rgiK; states.
■ — of the
voter nor (lie annunciations of Jh# fobid t o that point I ask tije
Democratic press, uor tlto OOTcrt threats of f\- (jonsc am] t!m country,
olence conld deter tho peopla from a free or- Thus, >t will bo seen, Jnd(<a Bingham him-
pressiun of opinion; and so they ratified tho =o|f admits tliaf tbeRill as jtptstod, settles the
••Relief" and “Homestead'' measures by a question of a UW election Jins ftll by tecog-
majurity that awakened the Bourbons of 'CO, nirinjf the term of our feUAo officers as begin-
to a painfol realization of tho fact that the ning only after the admission of the State; or,
Mr. BINGHAM. I was not aware of that, mi, f a u, if they hod no doubt that our party
r “-s — * ' w ~* “ •*-- - wonki lx, successful there next November,
how many would vote for any bill tbat would
postpone tbe date of that election for two
years? I do not believe (here are a dozen
men here who wonld, solely on the merits
of the case, vote for any proposition
thus postponing the ' elect!'m. if we
were perfectly secure of a Republican victory
this tall. I greatly desire the success of the
Republican party 'iu Georgia, and throughout
the Union; bnt my views of party policy do
not, lead mo to behove in such methods of se
curing success. Me must now decide a ques
tion of right, and not merely of party policy.
The right on onr part to extend the term of
these offices two years, implies tho right to
extend it twenty years. The right on our
part to postpone the election for twenty years
tmplte oup right to empower the present Leg
islature of Georgia to make laws fop that State
during their natural lives. Suppose this Leg
islature had been elected iu lStjfl instead of
1SG8. will any man say'we could postpone the
next election eight years? If we can do it for
two ycai'H we can do it tor eight years, or r>r
twenty years. It is. a question of principle,
and not of time. %
Mr._(“Sunset") Cox, Democratic Represent
ative torn New York, in his “two minutes”
literh OB tho bill jnst before its final passage,
said:
Mr. Sneaker, the House cannot foil to ob
serve that the hid now reported by the ohair-
mjn and lb friends is the same as that origi
nally Sported in March last by the samo gen
tleman, which was then, after frill discussion,
hv this Honse, and after a mast elaborate de
late wholly repudiated by tho Senate; and it
will bo farther observed that the amendment
notation
This brings me,
to. Speaker, dirt,oily to the point between us.
J aobmU tb#t Xu Kl|, if passed as proposed
without anjeuamojp, violates" piy p]e$ge4
faith; it violates oqr errra gfatatra twice uiact-
pd in this behalf; it violate* the Constitution
People had decreed a change pf rulers!
' in other words, as commencing with the date
substitute now offered on'belialf pf the'pow
majority of the committee by the gentleman
from Illinois [Mr. JfamsWPrtlj} fa the same m
every psscntfxl part^r a^ tlpt or
adopted by the House, known 4s tho Bj
amendment, and makes the same pro’
substantially for an election of members ofthe
line of policy. No man is better informed as
to public opinion. No man fa better qualified
for an emergency which requires almost su
perhuman energies to meet it
Napoleon has declared war against Prussia
'The nrifiies of France are moving toward the
frontiers. The “dreadful note of prepara
tion” has been sounded, and all Europe awaits
the result with breathless anxiety. “Paris fa
France,” and tho people of tho gay capital are
enthusiastic over the prospect of war. They
received the declaration of war with loud
huzzas. They insulted the Prussian Embas
sador. The students, revolutionists by nature,
paraded tho streets singing the Marseillaise.
And, by tho way, that song of De Lisle's fa
worth on army to any cause. The French
sing, in joy, in sadness and in anger. During
the “Reign of Terror” the infernal Oa Ira t
and La Lantemc, stirred the people into a
frowzy of patriotic zeal, which was almost de
lirious in its intense fervor. These trifles show
that the French people are in for the war, and
that is a great point gained for Napoleon.
Franco fa always prepared for war. She has
now an anny of 1,100,000 men. Of these
370,000 are ready to march at a moment’s
warning.
Prussia pan easily put 1,260,000 men in the
field, with a prospect of assistance from North
Germany in the shape of oyer 900,000 men,
and perhaps an army from Italy numbering
about 500,000. So Prussia, if she is assisted
by her natural allies, will have about 2,666,-
oon men in tbe field. A gigantic force, bnt
France may still more confidently count npon
the assistance of Austria, which wonld give
her about 900,000 men in addition to her
ariny. Denmark, Belgium, Holland and
Switzerland would probably be drawn into the
struggle, and their levies would nearly equal
ize the opposing forces.
England, in her isolated position, can very
will afford to let the belligerents fight it ont
atyne. .\ml Russia, enthroned amid her eter
nal snows, is only interested in the troubles of
her neighbors because they may .promote her
-sigus on Turkey.
If the threatened war should come, no one
can doubt that it will be a bitter and bloody
struggle. The French are the hereditary en
emies of the Prussians. They have never for-
golieu the disastrous days, succeeding Water
loo, when Blncher, with hfa Prussians, ravaged
their fa belle France with fire and sword; they
still remember bfa attempt to inntilate their
beautiful capital by blowing np the magnifi
cent structures which were built to perpetuate
the greatness of their Emperor and the glory
oi the Empire. And Napoleon has not for
gotten that it was a Prussian who forced his
gteat Uncle to renounce the throne which
his genius had created, and it is the
general sentiment of the French people,
that the humiliation of former years
cln never be effaced until the imperial eagles
of Fripjpe look frWft their victorious
flight, upon the conquered capital of the dfa-
Prussian. Austria, too, has wrongs to
a. enge. Sadowa can never be forgotton, and
«ie will gladly welcome an opportunity of re
trieving her national honor. The spectacle
of great nations engaged in a contest for self-
2 3 tec lion and conquest; enraged by insults,
d stimulated by the hatred of long centuries,
i) grand and terrible in the extreme, America
his just cause to bo thankful that both nature
aad inclination moke her a mere spectator.
In Boston, the other day, a company of men
piraded, with twenty-three of their number
blowing horns, and twenty-two carrying guns.
That fa all right and proper. Therp is more
blowing than fighting dong all Wld over.
No Utote speaking pp tho common will bo
allowed. sp,ys q Boston paper. Tbat will make
little difference, as the speaking will still bo
“common” enough 1
debate resolved many questions of doubt,
trust always his honest purpose. But here is
a question of fact It fa not intricate. It fa
not ev§n difficult It all depends upon the
short act of Jane 25, 1868. If Georgia is not
admitted under that act it is not admitted at
all. Nobody alleges that there fa any other
act under which Georgia might claim to have
been restored. That act provides tbat Georgia
shall be readmitted as a State after her Legis
lature shall have done two things, to-wit: rati
fied the fourteenth amendment, and “by sol
emn act declared” her assent to certain funda
mental conditions therein named It fa not
claimed that this act admitted the State at the
date of its passage, because it expressly post
poned admission until after these two things
should be done. But it fa claimed that these
things have since been doue, and that the doing
of them admitted the State. I presume they
have been done, though tho Seriate decided
that they were nob But that is not enough.
Tbe facts
Mr. BEAMAN. When was it the Senate de
cided that they had not complied with these
conditions? The Senate refused to admit Sen
ators from Georgia, because her Legislature
had expelled the colored members of that
Legislature.
Mr. SCOFIELD. The gentleman is only
talking about a fact I am talking about the
legal result The Senate decided that there
was not a legal Legislature, and, therefore,
there oould bo no compliance with the pre
scribed conditions. That decision was based,
in part at least upon the fact stated by the
gentleman. I will concede for the sake of tho
argument, that they were- legally done. But
that ia not enough. Tbe facts must be adju
dicated by competent authority. It will not
do to leave to courts to prove the facts each
for itself. Some power must decide that the
acts were done, and that decision must pre
clude all other inquiry. The fifteenth amend
ment was agreed to by three-fourths of the
States some months ago, but nobody was au
thorized to act upon it as the law of the land
until the 30th of torch last Why not? All
the necessary facts to make it a part of the
Constitution existed; but these facts were not
adjudicated by competent authority and the
result announced until then.
So when a State fa to be admitted, after cer
tain acts are done, Congress, or somebody au
thorised by Congress, must examine and veri
fy tho facts before any such important event as
the admission of a State can be based upon
them. Bfore that adjudication every one fa at
liberty to hold hfa own opinion upon them and
determine for himself whether tho ar.is. are
properly done or nob This is a principal of
universal application iu all matters of law.
But it is objected that if this rule is to pre
vail the States of North and South Carolina,
Alabama, Florida, and Louisiana have never
been admitted. It is true that these States
were also required to ratify the fourteenth
amendment, out the law authorized the Presi
dent to pass upon that fact and announce the
result by proclamation. That has been done.
The fact upon which admssion depended was
thus adjudicated and settled. By tho terms of
the act that proclamation admitted these States.
Missouri, Nevada, and Nebraska were admit
ted in the same way. Besides, Congress has
twice recognized the admission of these States,
once by admitting their Representatives and
once by counting their votes for presidenb
Either one was enough. N° particular form
fa necessary. Rut (leprgfa fa in' quite a differ
ent position, /fho apt of I8Q8 required certain
things to be done in addition to ratifying the
fourteenth amendment before admission, and
no authority has yet adjudged that these things
were done. The President was not authorized
to decide it, and he did not undertake to do
so. He was authorized to decide and declare
the other fact, and did so, but was silent about
this.
But it fa 6aid that the State oflicers-elect and
the United States military officers in Georgia
decided ib It fa true that tirpsp military offi
cers did turn ovep Ufa Qov'erument to the civil
offlcers-olect. It is alio true that tho civil
officers assumed tho authority and went on
legislating and governing Georgia as a real
State, untilCongresspassedthe act of Decem
ber 2*2, 1869. They then decided that tho
State was not yet admitted, and droped down
from tho supposed full-lleged State to a pro
visional condition. Great c wpluu-i* Is placed
upon this actioq hpth hero and In the Senate.
But what has it to do with this question? If
a State can be admitted in this way, aU the
Confederate States were admitted some four
or five years fWttl Conventions were then
called, Constitutions framed, civil officers
elected, and the Government turned over to
them by order of President Johnson. They
claimed that they were restored, called them
selves States, and went on legislating
Mr. SCOFIELD. If the gentleman from
Kentucky had r paid careful attention to wliat
I was saying he would have seen that I was
not touching the point he has raised. Isay
that we need affirmative action for the read-
mission of a Confederate State. That fa the
Republican theory. The Democratic theory
is the other way. Therefore, when Congress
refused to count the vote, whatever reasons
members might have had in their minds,
which reasons do not appear upon record,
there is an absence of this affirmative recogni
tion.
Mr. JONES, of Kentucky. In the event,
therefore, of the votes having been counted
there would have been affirmative action and
a recognition of Georgia as a State in the
Union?
Mr. SCOFIELD. Certainly. If we had
counted the votes of Georgia as a State that
would have been a congressional recognition
that Georgia had been admitted under the act
of 18G8.
Mr. JONES, of Kentucky. The vote of
Georgia was to be counted in one event—if it
were necessary to tho election of General
Granb
Mr. SCOFIELD. No. The gentleman mis
understands the case or misstates ib The
vote was to be counted in no event; but the
effect that it would have had, if counted, was
to be stated.
Third. By the act of December 22, 1869, in
which we not only treat the Government as
still provisional, but expressly declare that
Senators and Representatives shall not be ad
mitted until after the Legislature shall have
ratified the fifteenth ameudmenb The execu-
tivo.department has twice acted upon the samo
presumption; first, in putting her under mili
tary authority after the act of December, 1869,
ana second, iri refusing to count her as a State
iu tip adoption or Uieiifthenth amendmenb I
claim, therefore, that Georgia could not have
been admitted under the act of 1868 until it
should be decided by Congress that she had
complied with the conditions therein required.
Congress has not so decided, bnt on the con
trary has three times decided the other way.
It is therefore necessary to pass an act of
admission. That fa tha.object of the pending
bill. It is in the usuallorm, with the condi
lions applied to several other States.
But here comes in another trouble. About
two years ago the people of Georgia held an
election under tlje enabling act of Congress,
and selected persons to act as State officers
after admission. Under the impression that
the State was admitted, a part of these gen
tlemen, in July, 1868, entered upon the dis
charge of their duties and continued to act as
State officers until Congress passed the act of
December ^22, 1869, since which time they
have been again called provisional
Now, Mr. Speaker, inasmuch as these gen
tlemen were elected about two yeaos ago, and
inasmuch as they have acted as provisional
officers most of the time since, it is proposed
that Congress shall, in the act admitting the'
State, order a new election.
Before we aot upon this proposition, cer
tainly before we order a new election, we ought
to consider the legal rights of the parties to be
affected by ib to-wit: the officers themselves,
and the people who have elected them. The
constitution of Georgia provides that the mem
bers of the Legislature shall hold their office
for the term of twoyears and the Governor for
the term of four 3’ears. Congress approved
this feature of the constitution as republican
in form in July, 1868. In April, 1868, the
people of Georgia held their first election, A
Governor and Legislature were chosen, but not
to act as provisional officers during the time
that might elapse before the State should be
admitted. The people hod no authority to do
that, either from then: own convention or from
Congress. Rat they were expressly chosen to
act as the first set of Stato officers whenever
Georgia should be clothed with the dignity
of a State. The commission from the people
gave no authority to these gentlemen to do
anything prior to the admission of the State
exoept to await that admission. In the mean
while Georgia was entirely under tho oontrol
of the Federal Government,
That Government might authorize, permit,
or suffer these same gentlemen to act as pro
visional officers while awaiting admission, os
has been done in other States both before and
since, and in point of fact did so; but that did
not enlarge or diminish their right or duties
under the people’s commission. It follows,
then, os a legal conclusion, that whenever the
State is admitted tho official term of these gen
tlemen begins, and not before. And then the 4
constitution of GepjrgiA provides how long
they shall continue, vif the State was admit
ted in 1868 their term began then, whether
they entered npon their duties or not;
but if admitted now their term be-t
gins now. however employed \u the
meanwhile, And if we now pass any
act for the admission of the State it settles tho
whole question, because such an act is a con
gressional decision that there was no such act
in 1868, which congressional decision, accord
ing to the Supreme Court decision in the case
of Rhode Island* precludes all further inquiry.
The constitutional rcsnlb therefore, of a sim
ple act of admission fa to authorize theso offi-
cers-elect to order upon the discharge of their
duties, and to oontinuo therein the full term
prescribed by the constitution of Georgia.
Now. if wo intend to exclude these men from
office, or to shorten their terms, we must do
just what this amendment of tho gentleman
from Illinois proposes to do, order the State
to hold a new election after its admfaaion.
This proposition involves two considerations.
First. Havewe the.const itutv‘Uc',1 ^u>Wfr thus
to override, interdicb interpret tho consti
tution of Georgia in thfa particular V The Con
stitution of United States dearly author
izes Congress to see that the constitution of a
State applying for admission is republican iu
form. Hitherto we have gone no further than
this. To be sure, we have not always agreed
os to what a republican form iu government is.
Tho Constitution does not define ib and each
one therefore sets up his own standard- Some
members hold that a government fa not repub
lican in form voting, office holding, and
education t\ro equally open to all, and iu pre
scribing conditions to the admission of a State
h iv' rotida oordiin : i\.
Tho pending proposition goes much further
than that H assumes authority, I think,
never before claimed, ocvtainly never before
exercised. It does not pretend to touch tho
form of government over which we have juris
diction, bnt assumes control over matteis
purely ministerial. It assumes tho right to
dictate to a State when she shall hold her elec
tion for State officers, and how long theso
officers mall be permitted to act Iu princi
ple it assumes control over tho entire minis
terial machinery of a State government. The
clause in tho Constitution ofthe United States
which gives ns jurisdiction over the form of
State government gives us none over its minis
terial provisions. Perhaps, however, we have
that power, derived from somo other source,
ft is not now my purpose to deny it. But if,
as many persons think, a condition touching
the form of government is scarcely constitu
tional, where can they find authority to pre
scribe a condition touching only a ministerial
doty of the Shite ?
Second. But admitting that we have the
power to turn these officers out and order a
new election, fa it just anil proper that we
should use it? They were fairly elected. I
shown that there term was to begin when
the State should be admitted. I have shown
that the State was not admitted in 18GS; that
ought to be admitted now, and that the con
stitutional result of such admission entitles
these gentlemen to outer upon the discharge
of their official duties and coutimie therein
or the lull U rut. Why should i • ■; 1 • -1 - - - iu-
rfero to exclude them ?
Are they incapable ? It was said that the
Governor lmd one,- 1>., >1 .1 superintendent of
an express company. That is no disparage
ment. It requires as much talent and charac-
uridi that position os it does for Governor of
any State in ibe Union. The bitterness with
which he fa pursued by the late enemies of
the Union attests both his fidelity to the Con
stitution and his ability to foil their machina
tions against it. It was also said that some
of the legislators were deficient in education.
H that fa so, whose fault fa it except tho fault
of the complainants ? They made it a crime
for these men to read either the Constitution
or the Bible. They lock the fountains of.
knowledge and taunt their victims with ignor
ance. They shut out the light of Heaven and
complain of imperfect sight. If thfa charge
of ignorance was well founded these critics
ought to be the last persons to make ib and
the first to bear with, forgive, and overlook it.
But it is not well founded. These criticised
men have excellent natural capacity, con
siderable observation, education and exper
ience, and, withal, an earnest disposition to
seek and do the righb even to their former de
spoilers and present persecutors.
Are they dishonest? Nothiug of the kind
has been alleged in this debate, much less
proved. Vituperative language, insinuation
of wrong, has been applied to the Governor,
bnt who in public life is exempt from that ?
Do they lack courage to meet the turbulent
times and turblent men of the State? I un
derstand not Oa the contrary, they have
stood up with wonderful firmness, and inspired
the Union people with great patience, hope,
and forbearance. They have exposed their
own lives to protect the weak, and upheld the
cause of the Union among the bold and reck
less disturbers of the peace with which they
are surrounded. Do they join hands with
violent men for the oppresion of the people?
Are their names enrolled with the secret clans
whose purpose is to threaten, intimidate, mal-
treab and murder? No, sir. They and their
friends are rather the victims of these minis
ters of darkuess. All have suffered; many
have fallen at tbe hands of these masked de
mons. These at least are beyond the reach of
onr frieudly ostracism. Their enemies, the
Kuklnx, did the business. Aud in the dark
councils of these malignant spirits onr propo
sition to ostracise the survivors wonld pass
with a yell.
If, then, these officers are capable men,
honest men, firm Union men, legally entitled
to and not legally disqualified for these offices,
why should we undertake to legislate them out?
Were they not fairly elected? No one denies
it; bnt they were elected iu 1868, it fa said.
So were you, Mr. Speaker, and oil the rest’ of
us, aud they were elected for just this purpose,
namely, to come into office when the State
should come into place. Do the electors re
pent of their choice? No, sir. On the con
trary, they entreat you through their news
papers, by public meetings, in private letters,
and by representatives sent to your capita),
not to set aside an election which on their side
was so fairly conducted and so honestly and
triumphantly won, though at the hazard of
life. I know there are some political rivals,
some malcontents, some sore-heads who seek
another chance of jpersonal success. It is al
ways so. All parties in all the States are af
flicted with discontented and factious men who
always think the State is going to ruin if they
are out of office. The men are fib the people
who elected them are contenb the law as it
now stands entitles them to o$ce, and the
constitution of Georgia defines their terms.
1Vhat more can be found to complain of ?
Why, sir, it all comes down to thfa: by.tlae
permission or sufferance of the Federal Gov
ernment they have been acting as provisional
officers for the last year and a half, part of that
time in the belief that the Stale had been ad
mitted. Why should that exclude them after
the State shall bo in fact admitted? It fa not
pretended that it interposes a legal disqualifi
cation, nor that they are tbe worse for a little
experience. They have held office a short time
before! Thfa at last fa the great objection. It
fa a trifling objection. It does not become the
Congress of this great Republic to assume such
extraordinary power to accomplish so small on
object, even if the object were meritorious.
Bnt the object is not meritorious. The mo-
tivea and argument of the case should incline
us rather to the other side. If we were to in
terfere at all it should be to secure to these
officers the places to which the people have*
called them daring the constitutional term.
We might then hope, not that the Union men
in Georgia would l>e free from iusulb attack,
and assassination, bnt that an honest effort
would be made to pnufah open, midday mur
der.
Mr. Speaker, I have thus stated the history,
the theory, the principle of the case. Let mo
again inquire, what great purpose is to l>e sub
served by this stretch of our constitutional
power? When Congress provided that all con
tracts shoald be satisfied with Government
promises, not then and not yet redeemable, a
great many patriotic people feared that we had
exceeded our power. Wheu Mr. Lincoln fasuetfe
hfa great proclamation of freedom, its couafe-
tutionality was questioned even by some oi ifcu
adviseis. But here was a great purpose*, tho
preservation of the Republic and the cUvatioiii
of a long-injured race. The constitutional
question was lost in the magnitude of the- pur
pose. What great national or hnjuftaa pur
pose fa contemplated by thfa. proposition?
None, sir; none. We assume unusual power,
unconceded power; we go farther than Con
gress has ever gone before*, not to save a na
tion, not to Sit up a race, but to filch a few
months from the constitutional terms of the
offioera elect for on incoming State. Our po
litical enemies support it. They have often
charged us with assuming extraordinary power
during the terrible strugglo with the rebellion.
They go mucl further now. Let us not follow
them into thfa nntrodden field of questionable
power for the mere purpose of attacking onr
friends.
SUPREME COURT Of*' ORORGIA.
June Term, 1H70.
JOSEPH E. BROWN. C. J.
H. K. McKay, 1 . .
Huum W.utNEn, f Ass^tates.
Order of Circuits with the number of cases
from each—
Blue Ridge Circuit. 4
Western Oirouit h
Southern Cirouit,...,, 2:
Southwestern Circuit 17,
PUfaula Circuit 3-C
Chattahoochee Circuit .42:
Macon Circuit... 6;
Flint Circuit 4*
Tallapoosa Circuit .. 6;
Atlanta Circuit 1 H
Rome Circuit Id
Cherokee Circuit ;; ** * % , C
Northern Circuit .\ 8
Middle Circuit 9'
Ocmulgee Circuit,,. 9
Eastern Circuit ^ 6
Brunswick Circuit 5
UUU mOCEEDIN’GK.
Fwday, July 15, 187Q,
On motion of counsel for plaintiff error,
the Clerk of the Superior Court at Richmond
county was allowed to Appear, anil cux oath
identify the record iu the CM» ot Robert K.
Cunningham, et nl., vs. John Schley, et aL,
Executors. Therefore, tho motion to dismiss
was overruled, and the cose was argued.
On conclusion of this argument, the Court
adjourned till 10 o’clock a. m. to-moi row.
Satukdat, July 16, 1870.
Tho Court was engaged daring the entire
sessiou of to-day on the case of Laue and
Thrasher vs. Partee and wife, a continued case
from tlio Ocmulgee Circuit; and pending ^he
concluding argument therein, the Otari
adjourned till 10 o’clock a. m. of Tuesday next.
Tho “Success of an Unsuccessful Man,” *
would be a good title for Geo. Francis Train’s.
biography. It fa paradoxical of course, but,
then, wliat is Tram?
From the auuouoe&ments iu the papers we
are inclined to believe that Georgia will be.,
the IUkes{ State in the Union next October.
