The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-01

yention, but ordered board OF ofcers TO investl-
gate The charges, notifying the memoraliss OF ny
ali the testimony they might give before the board;
il 10 hardly necessary 10 say that wheh az iou '
that the Conven ION was allowed 70 aee 1er remoin
n sess,on 20, naa IS and calling without avail
ing on the sgners OF The me-. ,o having any
the board closed its session w.--. srtion
charges proved OF ali those maue. The Conv~..-
met: put soon after meeting there arose dissensons
ana v,U-.....s, resulting In the secession e. -
large part of the Convention and tha cia,u4
OF both parties 70 be regarneu az a,lc VIC "syti
soaa act unn Convention S's whsh had
originally assembled. a'~ which had recognized as
bers been rredr. ced below legal quorum. When
this arrived required tbs body either to bring IN
suiicien' members TO give them legal quorum or
fainr in that 10 accept certain conditions OF CON-
pro.nise. which, after reflection, deemed just to
both parties; or, il this failed, minated that
OF the impossibility OF harmonzing the dnculties,
TO adjourn both conventions ana refer the points
IN dispute to Congress for such seton as II
might deem proper &C take. The compro-
mise proposition having been accepted the Two
parts OF the Convention assembled reorganized and
proceeded to frame constitution, which was sub.
sequenty ratified by the people and adopted by
Congress, The Convention in Georgia after being
stitutlon, which, together with State ticket was
snbnitted 10 the people In April and ratified by
very handsome majority of the registered vote, all
ton. with some modification, was adopted by Con
gress, and the Legislature which convened IN July
making these notifications and otherwise CON-
plying with the requirements OF the Recon.
strucuon law, the State, together with Alabama
aau was ng aCt 81 oongs y nnn, y
regard TO the admission OF the State OF Georgia to
which feel called upon to make special ailusion
When the Legislature was convened by the Provi.
sonal Governor and Governor elect the question
arose whether, as military commander was called
to inquire into the eligibility OF the members, either
Georgia. The Convention OF Georgia had In Its ordi
nance calling an election directed tnat all returns
should be sent to the military commander
OF the district, who was requested TO Is
sue the necessary certificates. Of election. In
] deemed 1t my duty simply TO require that |
should give the member having the greatest
number OF votes the ordinary certificate OF election
and that 1t would be for each House 10 decide on the
eligibility OF those members whose seats were on
any grounds contested While admitted That as dis,
that no one ineligible TO ONCE under the fourteenth
article OF the constitutional amendment should De
allowed TO take olce, did not see that IN the case
OF parliamentary body tnat was called on to de.
eide on the qualifications OF the members. In thus
view was sustained by a telegram sent to me for
my Information from the war Department, which
had been sent to the Governor OF Louisiana and tho
Military Commander Of the Fifth District, and which
quote:-
To Governor wARxoTn, New Orleans
We think that persons disqualified under the fourteenth
article Of the amendment. TO the constitution OF the United
BY no oath can
except me 0a'A J2SEs WILSON
chair~ cFo e he JUDICIARY ss SHIa''se
\. / Ff$1a$SSsNT E --'
Reconstruction Committee
1t will be seen by the above telegram that the dis
tingulshed gentlemen whose names are attached
under the fourteenth article could take seat IN the
Legislature; second that the respective houses were
this eligibility could Or should be prescribed In al.
vance Of the meeting OF the Legislature These
them ana was present at the organization OF the two
houses Of the Georgia Legislature, to the men,
p perS declared In my order as, as having the
minstered only the oath prescribed by the
State constitution, after these houses were
organized, the Provisional Governor informing me
officially Of their organization but that a. far as he
could learn no steps had been taken to test the
question OF the eligibility Of members under the
fourteenth article. ! replied to tile Governor that
until the state was admitted TO representation the
Legislature and all the officers we're only provisional
trict commander. and that In the exercise OF this
power should consider oil acts OF the Legislature
sented to me that each House had purged itself OF
ineligible members under the fourteenth ar
ticle, provided there were any such
PROVISIONAL Governor to communicate these views
TO each house. On the receipt OF this letter each
into the qualifications OF each member and duly re-
ported this fact through the PROVISIONAL Governor,
found any member ineligible. The Provisional Gov.
ernor on transmitting these communications ex-
pressed The opinion founded on evidence presented
ineligible and called on me to exercise nv
power ana require SAID members to yacate
Individual judgment Of the Provisional Governor IN
peciay as, from the testimony presented, did mol
IN several cases agree with the judgment OF the Pro-
yisional Governor. The question was simply whe-
Their IN the construction OF law and In considering
the facts OF individual cases. should MAKE ms sell
the Judge or take the opinion Of the Provisional Gov
parliamentary body had gravely and formally,
through committee, examined, reported and acted
on these eases NV Judgment was decidedly thai
had fulfilled my duty in compelling the houses to
take the action they had, and that, having thus
acted had neither authority nor was 1t
opposSn an my Of s a
july 81 Il viii l be seen asp hat my ' views and acon
were approved. alude thus "a ertenso TO this sub
lect because As Exceleney ,ne Governor Of Georgia
pleased TO attribute the failure OF Georgia 10 be prop
eriy reconstructed TO my action In failing TO purge
the Legislature OF his political opponents, he having
advised me when he urged such action that his
friends had been relieved Of their disability by Con-
eress. The states being admitted to representation
the civil power vested IN the military commander 81
the Reconstruction acts ceased ana civil authority
resumed its sway The inauguration OF civil govern.
ments was 10 me, personally source OF great relief
charged as l had been with almost un.
limited powers. Notwithstanding the utmost effort
ference except in cases where. In my Judgment
there was no alternative, found myself the sub
iect OF virulent abuse my motives inpugned aud
every imaginable mode OF attack resorted TO that
malice and partisan magnlty could devise. | de-
termined nom the aIst to ignore all partisan
sidcrations and 10 faithfully execute the laws with
out reference 10 any personal or political consider
lions. ! encountered as was 10 be expected. the
anlmosity OF hoth sldes without having the benefit
or the sympathy OF either. | can, however, with
jus; pride refer 70 nv administration as being free
from any design 70 interfere with the rights and lib.
critics OF any individual, much less any portion
OF the people; aud II IN some Instances
as IN the prosecution OF the assassns OF
Mr. G.. W. Ashburn, OF Columbus, Ca. there
were as ! have freely admitted, arbitrary measures
resored to, which IN different condition OF society
aud under q Wei ordered government might seem
10 deserve reprobation, feel satisfied the evidence
pu0lished IN the special report made upon this SUBJ
lect Will fully convince any candid and impartial
Judge that my course was imperativey urged upon
me. ! encountered from the outset great embar
rassment from the want Of judgment and knowledge
on tne part OF subordinate agents and from the
great desire OF those expecting benefit from milf.