The New York herald., 1870-01-23
GEORGIA.

Communication from General Terry 60 Prcsl.
dent Grant-Right Of . Military Commander
TO Unseat Members or the Legislature for
Disqualification Under the Fourteenth
Amcndment-The Admit,stration 10 Support
General Terry In ReorvanixIng tho Lcgis-
laturc.
WASHINGTON, Jan. 20, 1870.
The communication from General Terry to Presi-
dent Grant about Georgia matters covers twenty
nve pages OF manuscript and Is said 10 DC very
able argument. General Terry. who Is q lawyer,
reviews in his communication the whole subject OF
reconstruction, analyzing the powers and duties OF
military commanders under the various laws and
arriving by long tam Of argument to TWO very
Important conclusions, as follows:-First, that as
military commander he Is vested with full power TO
unseat oil members OF tho Legislature who are dis-
qualaed from holding office by reason OF the restrc-
tive provisions Of the fourteenth amendment OF the
constitution; second, that as q necessary sequence
OF the above he has the right 10 award seats as
members OF the Legislature TO such parties as may
have received the highest number OF votes next to
those unseated by OF disqualification. General
Terry sustains the first point by the argument tnat
the intent OF the law should always be taken into
consideration, and that there can be no question
that the object OF the trainers OF reconstruction
legislation and OF the fourteenth amendm ent was to
exclude from holding once all persons who, having
sworn to support the United States constitution and
having held office under that constitution, subse-
qlently took arms against onE government 6f
gave aid and comfort to the enemy. II
the military commander entrusted with the
duty OF reconstruction is denied the power
OF exclud ing rebels from participating in
reorganzlng the States when such rebels by the
constitution forbidden, unless relieved OF their dis
Abilities then, IN the opinion OF General Terry, the
nYna Inn I'm md
reconstruction legislation become . dead letter.
General Terry goes still further and holds that, as to
the exercise OF his power OF excluding disqualified
members 1t makes no difference whether such men,
bers have taken the required oath or not. II they
took the oath falsely, then, surely. that could not
make them any better entitled TO mold Ofllce than
before the act OF perjury. As to the second point to
wit, that he has full power TO award seats
to such persons received the next high
est number or votes, General Terry contends that
1t Is an absurd Interpretation or the law to
deny IT, All persons who were IN fact disqualified
under the fourteenth amendment and received
votes for Office could not be sworn In legally; the
votes cast for them were entirely void: no amount
disqualified candidate under the fourteenth amend
ment, he considered, could not be elected legally
any member OF any other class In the list OF dis
qualified. Votes Tor any such persons might be
counted, but they should afterwards be thrown
out as blanks and only the legal votes
considered. For these ana other reasons
the General contends tnat he has fun
dent to ask whether IN case these are put in
force he will be sustained by the ADMINISTRATION
Senators Thayer and Morton, together with Ben
Butler, being apprsed OF The nature OF General
Terry's communication, waited upon the President
this morning to ascertain his decision. The Presi-
dent received them warmly. and very frankly stated
that he mad very recently said 10 both Secretary
Belknap and General Sherman that his own opinion
was taC oenerai Ierry should DC allowed TO manage
the reconstruction Of Georgia In whatever way hIs
Judgment and discretion might suggest He be-
lieved General Terry to be sound lawyer, and
that he was better calculated to understand the
real position OF affairs In Georgia aud to
know what course ought to be pursued than any
body else Unless General Terry should do some.
thing nagranty In violation OF law he ought not to
be interlered with. He, the President would have
been better pleased had General Terry not asked at
oil for instructions, as he Terry was invested to
great extent with absolute power as military CON-
mander and should act on his own judgment, but as
he had asked for Instructions he the President, felt
that he was bound to send an answer to the comnu-
nicaton. In reply to question from one OF the trio
as TO what would be his answer to Terry's commu-
nlcaton, thevPresideht was understood to say that
he would telegraph Terry that the administration
would sustain him In the views contained IN the
communication. The President further SAID that he
would see Belknap ana Sherman and have the
answer sent today 1t is unoe rstOod that Secretary
Belknap tonight telegraphed Terry that he might
go ahead with the assurance that the administrator
would sustain nun.
The investigation Before the Board oil
Omccrs-Thc Question of Eligibility OF the
Members OF the Honse-Gencrni Terry DE.
ciines to Submit it to the stntc Courts.
AT.ANTA Jan. q, 1870.
II Is understood that the board OF Ocers Will com
plete the investigation upon the members OF the
House, who are before them. some time tonight.
General Terry to-day sent the following reply the
application OF the democratic members to have the
question OF eligibility submitted to the state Su-
preme Court
HEADQUARTERS MILITARY DISTRICT or GEORGIA,
January %, 1859.
To Colonel J. Il. BRYANT. Chairman &c.:--
Sir-"Alter giving to your letter OF the nth inst
careful consideration, have decided tnat ought
not to submit the questions OF law which have
in regard to the qualifications o. certain members
elect or the Legislature to the Justices OF the
supreme Court or Georgia. l have the highest re-
spect Tor the character and attanmenls OF the
gentlemen who compose the Court, and bave no
doubt that tney would endeavor to give me an i'm
partial opinion; but have ned from several
sources that they, or AT least some OF them, have
been consulted individually as TO the eligibility OF
several Oh those whose cases have been investi
gated and have given an opinion OF the facts suO
mitted to thcm think therefore, that in Jusiic
to all parties the ordinary rule OF law which forblde
a Judge to decide upon matter upon which he has
sf.ls ha hara