Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, February 09, 1870, Image 1

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Newspaper Page TextJ ■ - - — “ERROR CEASES TO BE DANGEROUS WHEN REASON IS LEFT FREE TO COMBAT IT.”—Jefereon. VOLUME XXII ATLANTA, GA., WEDNESDAY, FEBRUARY 9. 1870. ~ v ‘ ~ : : ^ _ n x al2 c VV-* 4 j ;—■—-—?—a. 1 ---*. *.r\ ■ v _ ^ NUMBER 6. IDffkli) Jultllyrncrr P(j Kt<IfcUBU lia.LLY AND WBEKLY BY JARED IRWIN WHITAKER, Proprietor. ATLANTA, GEORGIA, Wednesday, February 0, 1870. The Ooreruor'i Hmatt, We lay this important public document before oar readers this morning. The apace it oceapiee prevents any extended comment* upon it. Ita principle feature is a history of reconstruction in the Slate; and of what Congress has required, and does require of it to secure her admission into ihe Union according to the construction which is put upon the reconstruction enactments by the party in power. In it, there is also a recommendation to the Legislature that it pro ceed at once to adopt the XlVlh and XYth Amendment, then to adjourn till Monday week, to re-assemble cn that day in order to proceed on the next, the 15th instant, to the election of United 8tatee Senators, the previous election of Messrs. Hill and Miller belDg pronounced Illegal by him In olosing his Message the Governor, Wd are gratified to see, recommends and urges tne General Assembly, to appoint a joint com miltee to sit during the recess for the purpose of investigating the charges brought sgainst him by Treasurer Angier, with power to send tor persons and papers, and so forth. The message !s a busi ness like document, and however distasteful, some portions of it may be to us and our readers, it clearly points out what Congress has required <>t Georgia, and wbat It will require, ere she will be admitted into the Union. By a reference to the Legislative proceedings of yesterday, published in this issue, the reader will see that the XtVth and XVth Amendments have Iteen adopted by both branches of the General Assembly. OF GOVERNOR BULLOCK General Assembly. To the Senate and Home of Representative* of the Provisional Legislature : A correspondence with the Major General commanding this District is herewith transmit ted, by which you will be informed that your or ganization is recognized horn to-day as being one properly prepared to enter upon the action required by the several Reconstruction acts of Congress. Atlanta, Ga., February 1,1870. “ Brevet Major General A. H. Terry, Command- ing District of Georgia : “ General : I have the honor to report that a Joint Committee from the two Houses ot the Provisional Legislature have informed me that the Senate and House have perfected an organization by the election of the proper officers, atter excluding from the roll of mem bers persons disqualified under the Acts of Con gress from holding office. The two Houses Btami iu recess uutil Wednesday next, the 3d instant, at 12 M. “ 1 am, General, very respect!" 1 y, “ Iiurcs B. Bcllock, “ Provisional G< vernor." Hbasq'bs Du rater or Qioroia, > * — — - •—o. f Atlarta, Ga February X, ltfTO. “ Jim. R. B. Bullock, Provisional Governor, State of Georgia : Governor : I have the honor to acknowlege the receipt ot your communication, of yester day, informing me that a joint committee of the two houses ot the Legislature has informed you that the Senate and' House ot Representatives have each perfected an organization by the elec tion of the proper officers. Io reply to it I have the honor to say that I think that the houses are now proi>erly organized tor the purpose of asseuting Ui and complying with the conditions imposed by Congress tor the restoration ot the State to iu oiigiual relations with the nation. “ 1 have the honor to be, very respectlully, your obedieut servant, Alfred H. Terry, Brevet Major General Commanding. Heaquariere Military District of Georgia, Allan, a, Ga., Feb 3,1870. Optical : J. H. Tatlor, Assistant Adjutant General. That a proper understanding may be had ot your present political condition, and our statue under the several acts ct Congress, which have, from time to time, been adopted for the purpose of securing the establishment of State Govern ments, republican in form, in this and other ot the late rebel States, it is important to review those acts, and to carefully cousider what has been done Dy ourselves, towards a compliance with their provisions. Such a review will establish the fact that the preeenl.legis'aiive organization, if accepted and ratiti.d by Congress, is the first and only legal organization dejure of this Legislature, and ot the State Government, established by the cotes of the people under the Reconstruction Acts; and that this organization is based exclusively upon the election held under the order ot the District Commander on the 20th, 21st, 22d and 23d days Of April,. 1868. By an act ot Congr. ss, which became a law March 2. 1867, It is provided that — Whereas, No legal State Governments or adequate protection tor Hr. or pioperty now ex ist iu the rebel Slates ot Virginia, North Caro lina, v>**u:u Can *11111, (-eorgia, Alabama, Missis aippi, Louisiaua, Florida, Texas and Arkansas; and, Whrhkas, Ii is necessary that peace and good order should be enforced iu said States, until loyal and republican Stale Governments can be legally established; therefore, Be it enacted, Ac, Th«t sa*d Rebel States shall Le divided tuto Military Districts, aud made subject to the nuii-ory authority ot the United Slates, as hereinafter mentioned; and for that purpose Virginia shall constitute the ' First District; Not tii Carolina and South Caro lina the Second District; Georgia, Alabama and Florida the Third District; Mississippi aud Ar kansas the Four'll D.strict; and Louisiana and Teias the Filth Distnct. Sac. 2 That it shall be the duty of the Pre sided u> assign to ihe command of each of said Districts au officer oi the army not below the rank oi Brigadier General, aud to detail a suffi cient military loroe to enable such officer to per- lorm his duucs, and eniorce his authority within the Do-trici to which he is assigned. Sac. 3. That it shall be the duty of each offi cer assigned as aforesaid to piuLct ait persons in tkijr rights ol person and pro[>eriv, to sup press iusurrecuon, disorder sml violence, sod to punish, or cause to be punished, all disturbers of the public peace and criminals; and to «h»« end he may allow local civil tribunals to take ju isdictiou o- and try ofienders, or when, in his judgment, it may be necessary for the trial ot oiicuucis, he sbaii have power to organise military committees or tribunals for that pur pose; end ah interference under color of State authority with the exercise ot military authority under this act shall be anil sod void. Sec. 4. Tnai all persene put under military arrest b> virtue ot this act shall be tried without uuueceas iry d. lay, and no cruel or unusual pan- Uiiuie.iieUt.il be inii.cbd, aod no sentence of ft ay Military Guiumiauiou or tribunal hereby person shall be executed until it is approved by the officer in command ot the District; and the laws and regulations lor the government ot the army sh M not be afiected by this act, except in so far ' , hey may conflict with its provisions. S&C ! That when the people ot any one of ■aid K States shall have formed s Constitu tion and Government, in conformity witn the Constitution ot the United States in all respects, framed by a Convention of delegates elected by the male citizens of Baid State, twenty-one years old and upward, ot whatever race, color or pre vious condition, who have been resident in said Stats for one year previous to the day ot such •lection, except such a* may be disfranchised for participati jo in the rebellion, or lor felony at oommon law, and when such Constitution shall provide that the elective lracchise shall lie en joyed by all such persons as have the qualifica tions herein stated lor electors ot delegates, and when such Constitution shall be ratified by a majority of the persons voting on the question ot ratification, who are qualified as electors for delegates, aud when such Constitution shall have been submitted to Co a cress for approval, and Congress shall have approved the same, and when said Slate, by a vote of its Legisla ture, elected under said Constitution, shall have adopted the Amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as Article Fourteen, and when said Article shall have become part of the Conalitulion ot the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their takiug the oath prescribed by law, and then aud therefore the preceding sections of this act shall be inope rative in said State. Provided, That no person excluded from the privilege of bolding office by said proposed Amendment to the Constitution of the United States, shall be eligible to election ss a member of tbe Convention to liame a Con solution for any of said Rebel Slates; nor shall aDy such person vote for members of such Conveuiion. S*o. 6. That until the people of the said Rebel States shall by law be admitted to repre sentation to tbe Congress ot tbe Uuited Slates, the civil Governments that may exist therein shall be deemed provisional only, aud shall be in all respects subject to the paramount authority of the United Suites any time to abolish, modify, control and supeisede the same, and in all elec tions to any office under such Provisional Government, all persons shall be entitled to vote, and none others, who are entitled to vote under the provision of the filth section of this act And no person shall be eligible to any office under such Provisional Governments who would be disqualified from holding office under the provisions ot the third article of said Constitu tional Amendment. Under this, and supplemental acts, an election was held on the 29th, 80th and 81st of October, and the 1st and 2d of November, 1867, tor dele gates to assemble in convention and to lorm a Constitution. The delegates then elected as sembled in convention at Atlanta on the 9th day of December, and after framing a Constitu tion and adopting certain ordinances, adjourned on the lllh ol March, 18S8. An election for the ratification of the Consti tution so framed, for members of a Legislature, Governor, &c., was held on the 20th, 21st, 22d and 28d days ot April, 1868, aud resulted in the ratification of the Constitution by a large ma jority of the voters, and also in the election of members of the Legislature, Governor, &c. The result of this election was proclaimed by the Commander of the District, in General Or der No. 90, dated Jane 25,1868. And in ac cordance with the following act of Congress: AS ACT to admit the States of North Carolinai, South Carolina, Louisiana, Georgia, Alabama and Florida, to representation in congress : Whereas, The people ot North Carolina, Booth Carolina, Louisiana, Georgia, Alaoama and Florida, have, in pursuance of the provi sions of an act entitled “An act for the more efficient government of the Rebel States,” passed March 2d, 1867, and the acts supplemen tal thereto, framed constitutions of a State gov ernment, which are republican, and have adopt ed said constitutions by large majorities of the votes cast at the elections held for the ratifica tion or repealing of the same: Therefore, Be it enacted, That each of the States of North Carolina, Sooth Carolina, Louisiana, Georgia, Alabama and Florida, shall be entitled and ad mitted to representation in Congress as a Slate ot the Union, when the Legislature of such State shall have July ratified the amendment to the the Conn notion ol the United States, proposed by the T lirty-ninth Congress, and known as article 7 upon the following fundamental con- dith -ns: Sec i ion 1st. That the Constitution of neither of said States shall ever be so amended or changed as to deprive any citizen, or class of citizens, of the United States ot the right to vote in said Slate who are entitled to vote by the Constitution thereof herein recognized, except as a punishment ot such crimes as are now felo nies at common law, whereof they shall have been duly convicted under laws equally applica ble to all the inhabitants of said Stales; Pro vided, That any alterations of said Constitutions, pioapective in its eflect, may be made with re gard to the time aud place ot resideuce ot vo ters; and the Stale ot Georgia shall only be en titled and admitted to repre&entatiou upon this lurther fundamental condition: That the first and third sub-divisions ot Section 17 of the 5th Artiole of the Coustitution of said State, except the proviso to the first Bub-division, shall be null and void, and that the General Assembly ot said State, by solemn public act, shall declare the assent of the Slate to the foregoing fundamental condition. Sec 2. That, it the day fixed for the first meeting ot the Legislature ot either of said States by the Constitution or ordinance thereof shall have passed, or so nearly arrived, before the pas sage of this act, that there sh ill not be time for the Legislature to assemble at the period fixed, such Legi-lature shall convene at the end of twenty days from the time this act takes eft -ct, unless the Governor elect shall soouer convene tbe same. Sbo. 3. That the First Section ot this act shall take eflect as to each State, except Georgia, when such State shall, by its Legislature, duly ratify Article XlV ot the amendment to the Constitution of the United Stales proposed by the-thirty niuth Congress, and as to the State„ot Georgia when it shall, in addition, give the as sent ol said State to the luodamen'al condition hereinbefore imposed upon the same; and there upon the officers of each State duly elected and qualified uuder the Constitution thereof shall be inauguiated without delay ; but no person prohibited from bolding office under the United States or under any Siate by Sectiou 3 of the proposed amendment to the Constitution ot the United States, known as Article XlV, shril be deemed eligible to any office in either ot said States, unless relieved irom disability as pro vided in said amendment; aud it is hereby made the duty ot tbe President within ten days alter receiving official information ot the rat tle cion ol said amendment by the Legislature ot either ot said States, to issue a proclamation announc ing that fact, which became a law June 25th, 1888, tne members of the Legislature so elected were by the proclamation ot the Governor elect convened in Atlanta on the 4th day ot Juiy, 1863. mending General authorized the body to pro ceed with the legislative action required by tbe several laws ot Congress to which reference has been made. This legislative action was taken on the 21st of July, 1888, in apparent good faith, and mem bers of Congress who were elected, as provided by an ordinance of the Constitutional Conven tion, to the XLIst Congress, were admitted to tbe last session of tbe XLth Congress upon pre sentation of certificates from tlie District Com mander that they had received the highest num ber ot votes in their respective districts. This admission occurred in July, 1868, and Congress adjourned on the 25lh of the same month. The Legislature, on tbe ?9th of Jnly, 1868, proceeded to tbe election ot Uaited States Sena tors, when, by uniting, the entire vole of tbe disqualified members and the members* who were opposed to tbe Congressional policy ot re construction, with a few who bad assumed to favor it, Messrs- Hill and Miller were declared to have been elected Senators, tbe former f ir the term ending March 4th, 1873, tbe latter tor the term ending March 4th, 1871. Although, as has since been disclosed, if the twenty-five or more disqualified men had been excluded, neither of these gentlemen could have been elected, Mr. Hill’s majority on Joiut ballot hav- iog been but seven and Mr. Miller’s but fourteen. This actiou having been taken and tbe Dis trict Comman er having issued his order relin quishing military control, it was assumed that the requirements of Congressional law bad be come inoperative, and that the National author ity was no longer effective in Georgia. On the 8th day of August, 1868, a resolution was offered in tbe House ot Representatives of the General Assembly, “ denying tbe eligibility of colored men to seats upon the floor of the House,” who up to that time bad been acting as members, and on the 3d day of September following, twenty-six colored members were expelled. On the 12th day ol September, simi lar action was perfected in the Senate, and all the colored Senators were expelled. On the 6th day of October, 1868, this organization ad journed. Congress re-assembled on the 7th day ot December, 1868, when the credentials of one of the Senators elect, Hon. Joshua Hill, were presented in the Senate, and, upon objection being made, his credentials were referred to the Judiciary Committee. This committee, having examined thoroughly into the organization, and the revolutionary action of the legislative organ ization, which had assumed to elect these Sena tors, and after baviug had the case before the committee for deliberation for many weeks, made an elaborate report to the Senate against the admission of Mr. Hill, in which that com mittee say: “Your committee are of opinion that the act of June 25, 1888, which required that the Constitutional Amendment should be duly ratified, must be held to mean that It must be ratified by a Legislature, which heu in good faith substantially complied with ihe requirements of taw providing for its organisations’ Referring to the foot that ordinarily the eleo- tion aud qualification ot members ot the State Legislature is not a subject to be inquired into by the Senate, the committee, in. their report, marked very distinctly the difierence between a State which has uninterruptedly maintained its proper relations to the Union and one like ours, in which a government is being organized under and by virtue oi tbe authority ot the United States. The committee say: “The election and qualification of members of the Legislature, where the existence of any Legislature author ized to act as such is not involved, cannot be in quired into by the Senate in determining the right of a Senator to his seat, your committee hold that tbe question involved in this case is not whether persons not entitled to seats in the Legislature were received by that body and al lowed to vote upon the election of a Senator, but whether the body assuming to be the Legis lature violated the conditions upon which it was allowed to organize, by permitting disloyal per sons to participate in its proceedings.” In repelling the proposition that the action of the Legislature touching the eligibility of its members, under the law and the Fourteenth Amendment, together with the subsequent ac tion in tbe premises by the district commander, finally disposed of the whole question and de barred Congress from taking any action—the committee say: “ Whereupon the two Houses went through the form of an investigation. Bat lrom the evidence before your committee, the in vestigation does not appear to bave been con ducted in good faith, or with any intention ei ther of finding the facts, or of excluding per sons known to be disqualified. A committee was appointed in each House. Iu the Senate, the majority of the committee found all tbe members qualified, bat there was a minority re port which gave an abstract of the evidence, and found four Senators disqualified. The evidence consisted of the admissions of the Senators themselves, which, it ttue, they should have been excluded. Yet the Senate passed a resolution, under the operation of the previous question, admitting them all.” thereof, and admitted to who received minorities of. and that members of said been elected thereto by tbe joined in such action, and qualified white men hold tore, in violation of tbe F to the Constitution and Of etc' Acts of Congress; and Sq&afors from have not been admitted to foe ' United States. Resolved, That the Commitieson Reootutruc- tion be ordered to inquire oat}, report whether any, and it any, what further action ought to be taken daring the Fortieth Cwfigress respecting the representation of Georgia in this Bodul [Adopted January 28-year„127; nays, IS] While this action] was being; taken by Con gress, indicating plainly tbe des^Ph, the judgment and the purpose of the Government, this illegal legislative organization of cmre.1 nary, 1869, re-assembled, and ajtfg sion until the 18th day of folioWleg,-re- tused to heed the recommendations then repeat ed to perfect its organization in accordance with the laws of Congress, by the exdnsioQof the disqualified persons and the narration ot mem bers expelled on account of tbeir. color. All that has since been done could then have been avoided. We ali knew what was required of ns, aud should have promptly complied. Yalnable lives would have been saved; The peace, good order and good name of our State would have been maintained, and oar material prosperity greatly enhanced, by. following the dictates of wisdom and ceasing useless and fruitless opposition to the Inevitable. But unfor tunately other counsels were heeded and the policy of reaction and resistance prevailed at that time. Congress assembled again on the first Monday of December, 1869, and in accordance with the recommendation ot the President proceeded promptly to prepare and adopt ah act to pro mote, tbe reconstruction of Georgia, and thus overcome the obstacles which bad been placed in the way of restoration by the men who had embraced every previous opportunity to defeat that wise and just policy which i£ involved in the Congressional enactments for tbe establish ment of civil governments In this and other Southern seceding States. The act under which you are now assembled and organized was adopted in the Uaited States Senate on the 17th ot December, 1868, by a vote of 46 to 9, and in tbe House on the 21st of the same month by a vote of 121 to 61, and became law by the approval of the President on the following day, thus displaying tbe united de termination ot Congress and the President that the machinations of defeated rebels should not prevail by civil proceedings after tbeir armed opposition bad been so signal^ defeated. In accordance with the letter and tike spirit of the action ot Congress, the President, on the 24th of December, 1869, assigned “ an officer ot the army, not below tbe rank of Brigadier Gen eral "—Brevet Major General Alfred H. Terry— to the command of Georgia as a Military Dis trict. ' ^ 1 have thus recapitulated the facu^sqvering oar political history from the time otfhe’adop- tiou of the act of March 2d, 1867—which de clares “that until the people ot said Rebel States shall by law bo admitted to representa tion to the Congress of the United States, the dvil governments that may exist therein shall be deemed procisonal only, aud shall be in all respects subject to the paramount authority of the United States, any time to abolish, modify, control and supersede ihe same,” &c.—up to the present hoar, and it will not, [ think, be serious ly argued that the right reserved by Congress in that act has ever been withdrawn by tbe action of Congress or expired by reason of any legal act of onr own But the argumeut made by General Terry in his report is so cogent and conclusive that I re peat it here. I quote irom Major General Terry’s report, dattd “Atlanta, Ga, August 14th, 1869.” the persona voting on the question of ratification who are qualified as electors for delegatee ; and when men constitution shall have been submit ted to Congress for examination and approval and Congress shall bave approved the some, and when mid State, by a vote of Ito baUsiBO elected under mid constitution, shall have adopt ed the amendment to tire Constitution ot the United States proposed by the Thirty-ninth 1 Congress, and known as article fourteenth ; sad when said article shall have become a put ot the Cooptation of the United rimes, said Slate be declared entitled to representation In On the same date the Governor elect was ap pointed Provisional Governor by the Comman der of the District, nnder General Order No. 91, dated June 28,1868. This set of Congress, authorizing the assem bling ol the Legislature, it will be observed, re quired that “ no person prohibited from bolding office nnder the United States, or nnder any State, by section 3 ot the proposed amendment to the Constitution of the United States, known as Article XIV, shall be deemed eligible to any officer in'either of said States, unless relieved from disability as provided in said amendment.’ The Legislature thus convened, having been organized nnder tbe orders of the Commanding General without inquiring into the eligibility of its members as required by this act ot Congress, hie attention was called to the fact that persons disqualified by that act were then sitting and •cling as members; whereupon the Command ing General directed the body to examine into tbe subject ol eligibility and proper qualification ot ita members; and upon a resolution being adopted in each House, that all the then “ For the purpose of the report, however, your committee did not deem it necessary to as certain the number of disqualified persons ad- m tted. But the tact that aoy were knowingly admitted was not only a violation ot the Four teenth Amendment, and a failure to comply with the requirements of Congress, but manifest* a disposition to disobey and defy the authority of the United States. If one could be admitted, why not all ? And will it be contended that if the entire body had been composed of men who bad usurped the functions of the Legislature against tbe express provisions of the Reconstruc tion Acts, they could have complied with the provisions of those acts so as to create any obli gation on the part ot Congress to receive their Senators and Representatives ? ” Tbe action ot Congress in this matter is folly quoted, because ot its importance, as the foun dation upon which the subsequent action rests. If onr legislative organization had been per fected as required by the laws, there would have been no power resting in Congress to interfere which would not apply equally to the adhering States—New York or Massachusetts - but when it was ascertained that we had not complied with the laws, and had not organized the Legis lature by excluding men who were disqualified by tire law, Congress could in nowise be bound by the notion of such a body, and the right, we may say the duty, of Congress to adopt «nd) measures as seemed to them proper to enforce their own lews, was not only indisputable bat freely admitted. As will be subsequently shown, Congress and the President concur in requiring ns to commence again the work ot reoonstnm- tion at the precise point where a failure in the execution ot those laws becomes apparent, vie : The Fourth Day or jult, 1868. That both Houses of Congress moved in har mony upon this subject is established fay the adoption of the following preamble and resolu tion in the House of Representatives ot Congress alter the report ot the Judiciary Committee woe made in the Senate: Whereas, It is reported that the TitgEMinw While I have been in command of tbe De partment, I h ive endeavored to take no action which coaid not be justified by the letter of the law, even it Georgia should be held to be re stored to its original relations to the general government. 1 have confined myself to giving support to tbe civil authorities, and moving de tachments of troops into some ol the disturbed counties where tbeir presence would exert a good influence, and where they would be ready to act if properly called upon. 1 think that some good bas.in this way, been accomplished, but the great evil has by no means been reached. Asa Da pertinent Commander, lean do no more; tor whatever may be the status of Georgia, and whatever may be the powers which an officer assigned to command the Third District, crested by the Reconstruction Acte, would possess, it is only an officer, so assigned, who could exercise them: they ate not vested in me by my assign ment to the command ot this Department. Where, therefore, the civil authorities are in sympathy with, or ate overawed by those who commit crime, it is manifest that I am powetl&s. In this connection, I respectlu ly call the special attention ut tbe General Commanding tbe Aj my to the reports in regard to the attempt made in Warren county to secure the arrest and punish ment of persons charged with crime, which are to-day forwarded. It appears to me that the national honor te pledged to the protecti>n ot tbe loyalist and the ireedmen ot the South. I am well aware that the protection ot persons and property is not, ordinarily, one of the func tions ot the National Government, bu*. when it is remembered that hostility to the supporters ot the Government, is but a manifestation ol hostility to the G >vernment itself, and that the prevailing prejudice ag nnet the blacks results Irom tbeir emancipation—tbe act ol the Gov ernment-it would seem that such protection cannot be denied them, if it be within the power ot tbe Government to give it. I know of no way in which such protection can be given in Georgia, except by tbe exercise of tbe powers conferred on Military Commanders by the Re construction Acts. Tbe question whether these powers can sull be exercised in this State, is a grave one. I should hesitate to attempt the discussion ol it, were I not convinced of the absolute necessity ot such action. Being con vinced ol that necessity, I venture to present my views to the General Commanding. By the act entitled “An Act to provide for tbe more efficient government of the rebel States,” passed March 2,1867, it is provided in the 1st section thereof, that the States of Yirginia. North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas and Arkan sas, shall be divided into five Military Districts, and subjected to military authority; and in the 3d section, that to each of the said Districts shall be assigned ss n commander an officer of the army not below the rank ot Brigadier Gen eral. The 3J and 4th sections oi the net spec ify the powers and duties of District Command- ms, making it their duty “ to suppress insurrec tion, disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace,” eta The 5th section prescribes the man ner in which, and tbe conditions upon which, the lebel States may be restored to their norma) relations to the National Government, and fixes tbe contingencies, upon the happening of which, the preceding sections shall become inoperative in said S ales respectively, upon the happening ot which, military control in said Stales shall cease. This section is ss follows, viz: “Section 5 And be it further enacted, Thst when the people ot any one of tbe said rebel States shall have formed a constitution of gov ernment in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elevated by the male citizens of said State, twe ity-oue years old and upward, of whatever race, color or previous con dition, who have been resident in said State for one year previous to tbe day ot such election, except such as may be disfranchised for partici pation in tbe reoeiikra or tor felony at common law; and when such constitution snail provide that tbe elective franchise shall be enjoyed by all each persona as have the qualifications herein i mated for rfimy of delegates; and whan vf*** fan admitted therefrom on their taking the oath prescribed by tew; and then and thereafter the preceding sections of this act eh all be inopera tive m raid State: Provided that no person ex cluded from the privilege ot bohlmg eOoe by said proposed amendment to tbe coastiUttion ot tbe United States shall be eligible to ‘ insbsr rt ito conwiiow to kerne a fat oayot eutd rebel Stales, nor shaft any each, paeon vote for members of sack lion.** lx will be observed that, after prescribing the terms ot restoration, it provides that, when they shall hare been ccmpli* d with by onvonnot the State® to which the act applies, end Btateaball be declared to be entitled to representation in Congreaa; and Senator* and Representatives shall be admitted therefrom on their taking the oath pre termed by law; and then and thereafter tire preceding sections shall be inoperative in Saul State. 1 respectfully submit that, fay this Ian gauge, the actual admissiou of SeiTarors and Representatives is made a condition precedent to the abrogation oi military authority; that the action of the two Houses ot Congress in admit ting members waa provided for as the final re cognition of the restoration of the States; and that, until that recognition by tbe law-making power, unless subsequent acts have changed, modified, or repealed this act, in this respect, the powers conferred on District Commanders may be exercised. Tbe supplementary acts of March 23, and July 19,1897, to my apprehension, have no bear ing whatever upon this question; they in no de gree modify or change tne act of March 2d, in respect to the time when, or the conditions upon which, the first tour sections of that act become inoperative. The act ot June 25,1858, the only remaining act which relates to the government and resto ration of the rebel States, seems to have been passed mainly in pursuance of those portions of the filth section of the act of March 2,1867, which provide for the submission to, and ap proval Ly Congress of the constitutions framed for the several States, and lor a declaration by Congress that the States are entitled to represen tation. It contains a conditional approval of the constitutions formed ior certain ot the rebel States, and the reaffirming one of the original conditions ot restoration, provides that after the ratification of the Fourteenth Amendment by the Legislatures of the said States, they shall be entit led and admitted to representation. In this there seems to be no departure from the original act; that act also provided that when the pre scribed terms and conditions should be complied with, the State should be entitled and admitted to representation, but it made the cessation ol military control dependent on the actual admis sion ot Senators and Representatives; aud the S ' ot June 25th leavea this matter where the ginal act placed it. The pian of reconstruc tion contemplates five great steps. 1st. The formation ot a State Constitution. 2d. The ap proval of that Constitution by Congress. 3d. The ratification of the Fourteenth Amendment. 4ib. The declaration by Congress that the State is entitled to representation; and 5th. The final act of recognition—«{je admissfcn ol Sena tors and Representatives on their tiling the oath prescribed by law. When all these steps an taken, the powers conferred on military com manders cease to exist; until then they may be exercised. The persons elected as Senators by the Legislature ot Georgia have never beta ad mitted to tbe Senate, and no Representatives Irom the State have been admitted to the present House ot Representatives. I therefore respect- tuily submit that the work ot reconstruction here haa not been completed, and that consequently the powers conferred on military commanders may still be exercised within the State. Thus tar I have proceeded on the assumption that all the conditions precedent to restoration have been complied with by Georgia, but I now submit that the Fourteenth Amendment has not been duly ratified by its Legislature. The act ot June 25,1868, in its concluding section, pro vides that “ no person prohibited from bolding office under the United States, or imder any State by Section 3 ot the proposed amendment to tbe Constitution ot the United States, krown as Article XlV,shall be eligible to any office in either ot said States, unless relieved from disability as provided in said amendment; thus in etfect prescribing tbe character ot tbe Legislature by which said amendment should be adopted as a condition precedent to restoration, that is to say. Legislatures composed of persons eligible to office nnder that amendment. No such Leg islature has yet assembled in Georgia', for it is well ascertained that in the Legislature which did assemble, and which acted upon the Four teenth Amendment, were a number of persons who were not eligible to seats therein. The tacts in the ease are tally set forth in the follow ing extract from tbe report made in July lost by & majority ot the Judiciary Committee ot the Senate ot the United Stales, to whom had been referred the credentials of Mr. Joshua Hill, claiming to be a Senator elect from this State, viz: “ The District Commander, General Meade, by a General Order dated June 25, 1868, de clared the result ot the election, llutus B. Bul lock being elected Governor, and among the members elected to the Legislature in that order were tliirty-one colored men—three Senators and twenty-eight Representatives. (See Exhibit No. 1) By a proclamation ot the Governor elect, in pursuance of the actot June 25,1868, the Legislature ot Georgia convened on the 4th ot July following. Oa the 8ih July, tbe organ i- z ttion of the two houses was effected, ana all persons declared elected were allowed to take their seats.” “ When the Governor elect was notified of the action ot the two houses, be addressed a com munication to General Meade, Commander ot the District, informing him ot the tact, and also that it was alleged tbat a number ot the mem bers of the General Assembly who bad taken tbeir seats and one or more officers ot tbat body were not eligible under the act of June 25, 1868, by reason of their having taken an official oathtosnpport the Constitution ot United States and subsequently had given aid and comfort to tbe enemies thereof. General Meade on the same day replied to tbe communication, and, among other things, desired tbe Governor elect to communicate to tlie Legislature that he could not recognize any act ot that body as valid or allow the same to be executed until satisfactory evidence was produced that all persons exclu de! by tbe Fourteenth Amendment were de prived of their seats in both houses. Where upon, the two houses went throngh the form ot aa investigation. Bat irom the evidence before your committee, the investigation d»es not ap pear to have been conducted iu good taith, or with any intention ei'her oi finding the facts or of excluding persons known to have been dis qualified. A committee was appointed in each house. In the Senate the majority of tbe committee found all the mem bers qualified; bat there was a minority report which gave an abstract of the evidence and found four Senators disqualified. The evi dence consisted ot the admission of the Senators themselves; which, if true, they should have been excluded. Yet the Senate passed a resolu tion, nnder the operation of the previous ques tion, admitting them all. These facts appear in the official correspondence between Governor Ballock and General Meade in regard to the organization of the Georgia Legislature. (See Exhibit A.) There were three reports in the House. The majority.report found two m tu bers disqualified; one of the minority re polls found still another member disqualified, but the other minority report found that all were quali fied. The late report was adopted fay the House nnder tbe operation of the previous question.— To illustrate tbe manner in which the investiga tion waa conducted, a copy of the proceedings of tbe Legislature on the 16th, 17th and 18th days of Jnly, 1868, os reported in the Atlanta Daily Era, and forwarded to tbe State Department, is attached to tiua report. (See Exhibits A, B and C) it is alleged that an impartial investigation would have shown from thirty to forty members of the Legislature disqualified under the Foertesnth Amendment, and although your committee bave not been able to lolly investigate this matter, bat from tbe evidence before them, they have little doubt that the number was large, as toe exhibit hereto attached will tend to eatsMkh.” It may be oontaodad that tbia action ot the elusive; but I reapaetfolly submit that fay the terms ot the act ot Match 3. the Stele ' at the time was State tad to the fianHiKi tad to the authority which by law on thejoiiitary commander ct, of which it Sh and consequently tbe douse ot of the State which gives eottotosree Mature, cannot be And I also submit that the notion of tew Mature admitting to meaibviehip tea Siectad 'ttr tti ' ^ * tspta'tto fraud whioh so vitiate* ita osgtattattnb that It cannot be considered a Legislature within the ante and provisions of the reoontarnatton octet tad therefore tbe Fourteenth rtnseodrssnt has not been ratified by the Legtetature of Georgia; the conditions precedent to the restoration ot t^e State have not been tolly complied with, rod first, second, third and fourth Motions of the act of Maren 2 nave not become inopera tive in this State. There have been several official acta of ihe Executive and Legislative Departments 'of the Government bearing upon this question, some ol which declare or imply that tbe State baa been restored to its normal condition; others that it hsis not been. Of the former class are: First The order of General Meade declaring the State restored, and withdrawing from tbe exercise ot military control over it. Secondly General Or ders No. 55, Adjutant General’s Office, Wash ington, July 28,1866, declaring that the Thud Military District had ceased to exist; and Third- fy. Tbe admission of members from Georgia to the House ot Representatives ot the Fortieth Congress. Of the latter olasa are: The refusal of the Senate to admit the persons elected to it from Georgia; the refusal ot the present Houae of Representatives to admit members to it from the State, and the refusal ot Congress to count in the accustomed manner the electoral vote ot tbe State at the recent Presidential election. It is hardly necessary to suggest that the argument to be drawn from this action, os u whole, is strongly against the proposition that the State has been restored. In'conclusion. I desire to express my convio- tion that the only way to restore good order in the State, Is to resume military control over it for the time being, and ultimately to provide by law that the Legislature shall re assemble a* • pro visional Legislature, from which all ineligible persona shall be excluded, and to which all eli gible persons elected to it, white or block, shall be admitted. Sncb a Legislature would, I be lieve, enact such laws and invest the Executive wf such powers as would enable him to keep peace, protect life and property, and punish The process of resuming military control would, it appears to me, be a very simple one.— All tbat woald be required is an order from tbe Pietiilent countermanding General Orders No. 55, Adj >Uut General’s Office, July 28,1868, and General Orders No. 103, Headquarters Third Military District, July 22,1868, and assigning on officer to the command of the District, excepting the States of Florida and Alabama. This ac tion I respectfnUy recommend. I have tbe honor to be, General, very respeoL* liy,your obedient servant, (Signed) Alfrs;dH. Teery, Bre vet Major Geneiai Commanding. That.tha foregoing pvesesta .tiie oners view of the ease, and that Congress and the ad ministration have so decided, is folly established by the fact that Congress has assumed to legis late upon the subject, and that the President has approved such legislation, and has assigned a commander to this district, by the following order: Gsn’l Orders [ Hstdq’bs of the Army, No. 1. i Adj't General’s Orrica, Washington, Jan. 4,1870. By direction of the President of the United States, so much of General Orders No. 103, dated Headquarters Third Military District, (Dep-irt- ment of Georgia, Florida and Alabama ) Atlanta, Georgia. July 22,1868; and so much oi General Orders No 55. dated Headquarters ot tbe Army, Adjutant General’s Office, Washington, July 28, 1868, as refers to tbe State of Georgia, is bereoy countermanded. Brevet Major General Terry will, until further orders, exorcise within tbat State the powers of the Commander of a Mili tary District, as provided by the act of March 2,1867, and the acts supplementary thereto, un der his assignment by General Orders No. 83, dated Headquarters of the Army, Adjutant Gen eral’s Office, Washington, December 24, 1869. By command of General Sherman i E. D Townsend, Adjutant General. That it is a political question upon which Congress is the sole and final judge, wUl not be denied. It therefore follows tbat, having perfected on organization as required by law, you are pre pared and required to pass upon the several •objects submitted for your action by tbe acts of Congress, known as tbe Reconstruction Acts, and to elect Senators. These subjects are the ratification of tbe XIYth Amendment, giving the assent of tbe State to certain modifications of tbe Constitu tion, and the adoption of the XYth Amend ment. Should it b i urged tbat we have already acted upon tbe XIYth Amendment, etc., it is a sufficient answer to quote the action of Con gress, wherein they bold tbat no legal organi zation of a Legislature has heretofore been per fected. And should it be argued tbat Georgia was counted as having ratified the XIYth Amendment, it is answered by the following joint resolution of Coogress, adopted before Geo-gia acted, and in which Georgia is not named. Concurrent Resolutions of Congress respecting the ratification of the XlVth Amendment to the Constitution, July 21,1868. Whereas, The Legislatures of the States of Connecticu’, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, Missouri, Indiana. Ohio, Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island, Michigan, Nevada, New Hampshire, fras- sachusetts, Nebraska, Maine, Iowa, Arkan sas, Florida, North Carolina, Alabama, South Carolina and Louisiana, being three- fourths and more ot the several States of tbe Union, have ratified the fourteenth article of amendment to the Constitution of the United States, duly proposed by two-thirds of each House ot tbe Thirty-Ninth Congress, therefore, Resolved, By the Senate, [the House of Repre sentatives concurring] that said fourteenth ar ticle is hereby declared to be a part of tbe Cou- atitntion of the Untied States, and it shall be duly promulgated as sack by the Secretary ol State. July 21—Passed the Senate without a count day tbe House passed the resolution— yeas 126, nays 82; the preamble—yeas 127, nas 35.” Such actios having been accepted and ap proved by Congress by the sdmiss’on of Sena tors and Representatives, we will, after nearly ten years of wandering estray, be ones move a State in the Union. Oar Constitution will then become of force, and upon the election by yoor now legal organization of the offlceiB provided for by the Constitution, tbe State government will become • government de jure ; the mem bers of yoor honorable body will enter upon the terms for which they were elected, and It is hoped and believed that nothing will ever again occur to disturb the harmonious relations which should be forever maintained between this State and tbe National Govftnacnt. I transmit herewith authentic copies of tbe joint resolutions of the Thirty-ninth Congress proposing an amendment to tbe Constitution of the United States, known as Article XIV, and the joint resolution of the Fortieth Congress pro posing on amendment known as Article XY; also the act of Jane 23th, 1868, which requires the assent of the State to be given to certain irmlifjrt* ; "*i* r ft thy Constitution of the FKVy may properly be mentioned io a this character, beams*- party IlMe bore, as in all tha Bomharn States s nee drawn between those •bo foamed mn ratioa ot State governments land those who thatoreser party being tew of eowpUasu, and the latter party op- Say eetrlwest which did not promt* yMdbBtne baoeawbioh the General Gov- hy tores ot arms, tber* t ire, has fees and is the ot p eoo. aad the oth*? th* onntn S VU*»B of dfrtontd (ti»»at«-nf nd speak ot the party, tav ri g '• to D CO<BiZ;i _ conauwent itad fr support of the measures provided flfra settlement and tor a restora- tioE of Civil government in the South, and the P*fiy hm freon squatty a® determined in its op- poshion toeviPf seheme which the old political have devised to defeat this wis« -rod Jaw poHev of OODtfTSS. In pursai -gthrir opposition t - C ngre e*.- politicat oharfatan-h>v-ns not t<> >er o- aeivablebaseness,abandoning *r<um nt -lake up with murder and 44easstnttioii; d-sre.-arjiug prfaotplo* to indulge in villifica'ion, an I now, in their hopeless despair, we flud them e -d*nv< »r- fag to grasp a Republican livery, under which they hope to hide theimefarious ‘lurpjse. Thfy now loudly proclaim their hot h*ste to promote recons traction and to adopt measures which will aodosmutily perfect it. White we congratulate the State, and the ooontty, even upon this outward evidence that wisdom is-retnrniag to our misguided brethren, tii* party door is wide and open tor any and all who desire to enter and anpporc the great prin ciples of equal rights and republican finery, which have triumphed over secession and re bellion. We deffirs the good of the whole people; that th* rights of the poor laboring men shall be equally protected with those of the rich; that the avenues of intelligence shall be open for all, end that a citizen’s worth snail be determined by his own efforts and his own character, nei ther advanced nor retarded by hia birth, his color, his religion or his politics. Upon this platform all can unite. The industrious, the in telligent; and those who love peace rather than strife, will soon abandon the lead of disappoint ed poll fastens, and aid in sustaining the Govern ment. The wrongs which have been done, the law* m outrages which have been committed in many ports of the State, are the acts of but a tew irresponsible persons. When all good citi zens exert their inflnenoe in favor of justice, lawtesmfsehwill cease. Let us, therefore, unite in a complete recogni tion otthe rights a£ m*n, irrespective of birth, color or previous condition, and frankly admit tffstnoder, and before, the law all men are equal S that alt sro rmpeualiJiu and see to it that by ! ffrtorfr-tegfrlsfrnn the requirements of onrUofi- •tifrXion.esa recognized—that fires schools ore Vtsbliabed and maintained, and that protection is secured for person and property, and for the firse expreesion of political opinions. Let party lines be extended so as to weloome and include all who are in favor ot impartial suffrage and universal amnesty. Under our State Constitution no man is disfranchised, and under the Constitution of the United States no will be disqualified from holding office who te ready to maintain and uphold the Gov ernment. I would respectfully recommend tbat the XIVth Amendment and the fundamental condi tions required by tbe Act ot June 25, 1868, and tbe XYth Amendment he adopted *t once, and that yoor honorable body then take a recess un til Monday, the 14th inet. Should it be deemed desirable by any member to attempt general legislation at this time, his attention te invited to the following extract trom the opinion of the Honombjp Attorney General ot tbe United Statea in the case ot Virginia: M It te required, nnder the previous law, to act upon the question of adopting the * * [Amend ments] to tbe Constitution ot the United Statea before the admission of the States to represen tation In Congress. I am of opinion, therefore, that it may come together, organize, and act upon that Amendment, but tbat until Gonzress shall have approved the Ccustitntion, and tbe action nnder it, and shall havs restored the 8tate to its proper place in the Union, by recognizing its form of Government ss Republican, and ad mitting it to representation, the Legislature te not entitled, and could not, without violation of law, be allowed to transact any business, pass any act or resolve, or undertake to assume any other fhnetion ot a Legislature, it tbe test oath has not been required ot ita members.” In a subsequent opinion the Honorable At torney General decided that tbe election of Sen ators at tbe proper time was a part of the work Of reconstruction. Yoor organization having been recognized from to-day, the time fixed by tbe United States for tbe election ot Senators will occur on Tues day, the 15th instant, and as it is unwise to at tempt any general legislation while the Govern ment is Provisional, and pending oar recognition by Congress, the recess recommended seems de sirable. I shall esteem it s personal and. an official favor if yoor honorable body will authorize a Joint Committee to sit daring tbe recess, and in vestigate the Indirect charges made fay the Treas urer, through public prints, against tbe Execu tive, as well as any end all chargee he may now bave to present. 1 would respectlully recom mend tbat tbe Committee be authorized to send ior persons and papers, and to administer oaths, and 1 am confident that each validity will be given to the acta ot tbe committee by the Com mander of the District, aa may be necessary to insure justice. Ruvua B. Bulloch, Provisional Governor. Atlanta, Wednesday, Feb. 2,1870. In time to come stars will suddenly blaze out on the evening sky and appear ot such intense brilliancy that they con be seen in the day time. The last recorded instance of such a remarka ble phenomena was in November, 1572, when a star appeared in the constellation oi Cassio- peio brighter than the planet Vends. Io May, 1865, Too Caronai suddenly increased from a ■tar o< tbe troth magnitude and attained a size almost equal to the largest. By the aid ot the spectroscope it is found, without much doubt, that these vast horning worlds consume in their fires hydrogen gas. The light ol this burning gas ie thus seen trillions of miles the distance of theaters from the earth. DIED Feoc Her Burns.—On Monday morn ing test* tbe citizens paid the last tribute of re- speet to the remains of Mias Thaiah McCroekey, who ins horned so badly, by her clothes taking fire two weeks ago, that she died on Saturday tert about o’clock. She was buried in tbe Dahlboega grave yard by her friends, on Mon day, about 124 o’clock. The funeral ceremonies were performed by the Rev. J. W. Hutchins, tbe Pastor of the Baptist Church.—Dahfonega Signal. ^ I’ seems that it te safer to steal a million of doUorein New York than to manufacture an India-rubber comb without baying tbe right to do so.

Georgia Historic Newspapers

Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, February 09, 1870, Image 1