Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-03-04
THE STATUS OF GEORGIA.

tWO-thirds of both houses"
THE STATUS OF GEORGIA.
A Washington special to the Atlanta
Constitution states that Capt Bryant
(Republican) laid before the members of
both houses on the 1st inst. strong anti
Bullock pamphlet entitled "The Laws of
Congress in Relation to the Georgia Case"
that the Bryant delegation is working
vigorously, and are hopeful as TO the
success of their mission; and that power
full influences viii be brought to bear in
the interest of Georgia at the proper time.
Her friends are increasing, especially in
the Senate. Gov. Bullock is also in Wash
ington, working like beaver to sustain
his position. On the I'd inst. he laid be-
fore the Senate Judicicry Committee a
long argument of more than forty printed
pages on the status of the old and present
Legislatures of Georgia. He maintained
that there was no halfway ground in this
matter; that either The government of
Georgia is provisional to-day, or the action
of Congress in passing the act of Dec.
%, 1869, and the Presidents assignment
of Gen. Terry to duty as District Com
mander under the Reconstruction laws,
cannot be defended. That act, he says,
by assuming that the Legislature had
never been legally organized, ipSo tacto
placed the State nnder reconstruction
laws. In the course of this statement,
Bullock says he is holding his Office at
great pecuniary sacrifice, and there is
little comfort in being the target of bill
lingsgate and bullets; and further that he
has informed the President and Gen.
Terry that his resignation is at their ser
vice. The whole tenor of the statement
is an attempt to show that the election of
Hill and Miller TO the United States Sen
ate was Illegal. Bullock's argument does
not seem TO have made much of an i'm
preston, for the same day the committee
submitted report in which they con-
denim the course of Bullock and Terry.
The following is q pretty full synopsis of
the report of the committee:
The report recites the manner Of organ
ization of the provisional State Govern
meht in 1868; the fact of its approval by
the military commander of the district;
the subsequent expulsion of the negro
members, and consequent passage by Con-
gress of the act of December %, 1869,
which confers upon the General Assembly
of the State exclusive power to perfect its
organization. There being no room for
interference or miscOnstructiOn in confer
ring such authority, either upon the Gov
ernor or Military Commander under this
act, the Governor of Georgia summoned
the persons elected to the Legislature, as
named in the proclamation of the General
commanding, who assembled in Atlanta,
Jan. 10, 1870. A quorum of the
Senate took the oath prescribed, and or
ganized as provided by the act.
The report details the circumstances at
tending the organization of the House of
Representatives and the part taken by one
Harris, not member or officer, but who
had been designated to call the body to
order by the Governor, and calls attention
to the fact that Harris continued to pre-
side and to adjourn the body from time to
time at his own pleasure without consult
ing the House. He also determined what
persons who had appeared as members
should be permitted from day to day to
take the prescribed oaths and their seats.
This proceeding was ratified by the Gen
eral in command at Atlanta, who, subse-
quently to the passage Of the act of Dec.
%, had been appointed to the command
of the Georgia military department under
the act of March 2, 1867.
A statement is then made of the action
of Gen. Terry in directing the exclusion
of certain parties from the Legislature
until their cases should be favorably re-
ported upon by the military commission
which he organized. Three members
elect were thus excluded, and the admis-
sion of other persons was delayed until
they should be relieved from their politi-
cal disabilities. Upon this history the
committee is constrained to say that in
its opinion the aforementioned action of
the military authorities was not author
lied by law. The Legislature elected in
Georgia was intended by Congress to take
the place of the provisional Government
as a permanent one. On this the act
seems clear; and the same view was
taken by the General Of the Army in his
order to Gen. Meade of March 2, 1866.
The correction of any misapprehension of
the act of Congress could be made by
Congress, but not by the military. The
committee argue further in support of
this view, but add that it is due to the
General in command to say that circum-
stances Justify the committee in reporting
that his whole conduct in the affair was
under the sincere belief that he was acting
within the scope of his lawful authority,
and that, under circumstances OF much
difficulty and delicacy, he conducted
affairs. although outside of the law, in
such a manner as to command the respect
and confidence of all parties concerned.
The committee also believes the persons
excluded who desired to qualify would
have violated the act by taking the oath,
so that there was no actual injustice done
The action of the HOUSE in afterwards
admitting persons who had been candi-
dates against persons who had been so ex-
cluded but received only a minority OF the
votes cast is considered by the committee
unwarrantcd by law, and the persons thus
admitted are not lawfully entitled to seats
in the Georgia Legislature. The commit
tee therefore report that in the following
respects the organization of said Legisla-
ture has not been warranted by law;
l. In control and direction of il pro-
ceedngs by Harris.
.. In exclusion from taking oaths and
from seats of three members elect who
offered TO swear.
8. In the seating of persons not having
a majority of votes at the election.
In respect to the resolution calling upon
the committee to report whether any