New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-01

cond act until found the Convention which had orig
inally assembled and which had recognized as the
reduced below legal quorum. When this arrived re-
gnred tins pSay either to Ons In sufficient members to
certain conditions OF compromise, which, after reflection
ted that should assume the authority and proceed in
view OF the mpossblity Of harmonizng the dnculties
pute Congress for such action 1t might deem proper
TO take The compromise proposition having been ac-
gained, and proceeded to frame Constitution which
subsequently ratified by the people and adopted by
The Convention in Georgia, after being in session
several months, in March adopted Constitution which,
together with State Ticket submitted to the people
in April. and ratified by very handsome majority OF the
registered vote all parties taking part IN the election
This Constitution with some notifications, was adopted
by Congress and the Legislature which convened In July
making these notifications and otherwise complying
State together with Alabama and Florida by act OF
% % sS 10 6 S sae Of
Georgia to which feel called upon 70 make special
the Provisional Governor and Governor elect, the
question arose whether, as military commander,
beers. either under the United States laws or the
Constitution OF Georgia. The Convention OF georgia
returns should be to the Military Commander of the
District who requested TO issue the necessary cer
Convention. I deemed my duty simply required that
should give the member having the greatest number OF
would be House to decide the eligibility of
those members whose seats were on any grounds con
ing the law was to see that no one Ineligible to office
should be allowed 10 take Office did not that In the
case OF parliamentary body that was called on 10
deSse m ,ne v OF se to me- for my nfo
nation 10 the war Department which naa pcen sent 70
the Governor OF Louisiana and the Military COMMANDER
OF the Fifth District and which quote.
WAnsGros. June 90 l868To Gov Wannoh New Orleans We
persons disqualified under the Fourteenth article Of tho Amend
the Constitution the unsd state. are not eligible 70 700,
be imposed the oath prescribed by the state Consul
tuition. ,n, cu,,.
]; fsas,%SnT", Reconstruction Committee
IL will be- by the above telegram that the distin:
the opinion that one Ineligible to Office under the Four
tcent article could take seain the LEGISLATURE second
that respective Houses were To Judge OF the question
third oath testing this eligibility could or should
be prescribed in advance Of the meeting OF the Legis
ture These views, being in accordance with my own,
acted them and present AT the organization OF the
two Houses OF the Georgia Legsature TO tho members
declared In my order as having the highest number OF
there being administered only the oath prescribed
By the Constitution After these Houses were organ.
ized the Provisional Governor Informing me oncay OF
their organization but that IA far rs he could learn no
steps had been taken TO test the question OF the egby
OF members under the Fourteenth Article replied To the
Governor. that until tbs state was admitted TO represen
tatio Legislature and all the officers were only pro
yIsiona aud subject to paramount authority Of tho
District Commander and that In the exercise OF this
power should consider all acts OF the Legislature nuu
and void until satisfactory evidence was presented 10
me that each House had purged Itself OF Ineligible men-
bers under the Fourteenth Article provided hero Nero
any such either House. aud desired the PROVISIONAL
To communicate these views 10 eheh House On
ordered IN INVESTIGATION, and inquired into the
qualifications OF each member and duly reported ths
fact through the Provisional Governor stating AT inc
same time that neither House had found any member
Ineligible The Provisions, Governor, on transmitting
these communications expressed tue opinion onnueu on
evidence presented 10 him. that several members IN both
Houses Ineligible aud called ON mo To exercise my
Dower and require said members 10 yacao their seats
on rejecting upon this subject could not see how was
TO take the individual Judgment oil inc Vow
body especially from the testimony presented dld
not IN several eases agree win inc Jungy oi ne to
t.assr
the construction Of law ana In considering inc iae, VI
individual cascs. | should make Myself .ne jumlev,
ernor in the face Of the official information
Ally. through Committee, examined. reported. and
acted these My Judgment Was decidedly tht
mad fulfilled NV duty compelling the houses To take
the action they had and that having thus acted had
authority. was IL polite or cHedcn 10 over
rnn their action aud up my individual Judgment Ia
nn.itio NV an 81 the kilograms vent July
~ and the reply Of tho GeneralnChief' July 2 Twill
iude thus eInso To this subject BECAUSE his Excel
Gently delivered at Albion ~ " Is pleased To attribute
the failure OF Georgia To be properly 70 my
opponents he having advised me. when he urged such
action bis friends had been relieved OF their disa
biy by Congress The states being admitted To repre-
seutaton the civil power vested in the military
mander by the Reconciliation acts ceased, ana cly au
thorlty resumed it, sway the inauguration of cyh gov
epmcns was TO me. personally source oi sIeat ehe
charged had been with almost unlimited powers not
withdrawing the utmost effort on my part TO abstain from
there was alternative. found myself the subject OF
a1nable mode attack resorted Ia that malice ana par
tisan malgnity could devise | determined from the
first to ignore all partisan considerations ana To fut
fully execute laws without reference Ia personal
or political considerations. encountered, AS was to be
eXscted, the anmOslty Of both sides, without having
the benefit Of the sympathy Of either. can, however
with ust pride, refer To administration a. being free
any design 10 Interfere with the nights ana liberties
OF any individual much less any portion Of the peoples
and In instances rs IN the prosecution OF the
there was have freely admitted arbitrary measures
resoried TO- which IN different condition OF society and
under well ordered government might seem To deserve
reprobaton feel satisfied the evidence published III the
special report made upon this subject WIZ iuly
course mpcratiyey urged upon me. lencountefed
the outset great from the want OF
Judgment aud knowledge on the part Of subordinate
agents and from the great desire of those expecting Dene
military intervention, that should inerpose my
authority and aside tho civil power Against these
influences / opposed steady resistance. soon hter
assuming command issued an order both TO the eiy
and military officers informing the first that they would
intefcred with 80 long rs they faithfully executed
their duties and eJoinng on the latter 70 abstain rom
interfering with the civil powers, and IN all cases 10
report and receive my decision before TAXING any
aclIon, as-on my construction OF the awLlh tne NIL
supersedo the civil power peg leave 10 can attrh
Department herewith appended from which 10 will DO
that during the whole period OF my cyl admhis
ton extending space of eight months, there were
tried by Military Commission In the three States Of Geor
ea Alabama and Florida only 81 persons OF these but
is were convicted and OF these 10 tho SON
fences OF four were dsapproved OF eight others
RENTED OF two referred TO the PRESIDENT OF tho
United states and still awaiting action. leaving but ono
person convicted aud In confinement for violation OF
civil law and tried by military commission on the ces
sation OF military authority. This simple statement OF
facts complete refutatIon OF tho charges that
military power 80 despotcay and arbitrarily exer
csed AS with the rights OF persons, SO with those OF
property IL was my study and effort TO zcaousy guard
the rights OF Individuals without reference To any con
alteration that OF justice and law. 40 far as could
comprehend It, The adoption OF the rciei laws III ,ho
several States the loose manner In which these laws
were drawn by the several legislatures, involved an I'M
mense amount OF business III receiving ana examining
into and deciding The nnumerablc cases which were
presented-ono side always claiming military interven
ton for their protection As lar as IL was possible 10 ao
80 these applicants always referred 10 the Judiciary
whose duty IL 10 consrue these laws; ana was