The New York herald., 1870-01-16
GEORGIA..

Protest of State Senator Hinton Against til Q
Jurisdiction Of the Military Court Of In-
quiry.
ATLANTA, Jan. Is, 1870.
In the Court Of Inquiry to-day the counsel for the
defence filed the following plea against the jursdc-
tion OF General Ruger, General Haines and Mayor
Goodfellow, composing the Board Of Inquiry
The inelgbility OF the Undersigned 10 seat In the
Legislature OF Gearga under the Reconstruction
acts OF the Congress OF the United States the UNDER
signed being 0frlcally notified Of the appointments
OF the meeting OF this honorable court, and being
also notified tnat he might appear either in person
or by attorney and defend himself against the alle-
cations that he Is ineligible to o seat In the Legsla
ture OF the said State does now appear with ali due
respect for the members OF the Board personally
and does hereby protest and declare that the honor
able Board mas no lawful right jurisdiction 10 In
qure into and pass judgment upon the eligibility or
the undersigned 10 seat IN the Legislature or
Georgia. ior the reasons and upon the grounds fol
Nrst-Tne undersigned, after full investigation
as to his Qualifications, and after taxing the oath
presc rbed IN the reconstruction act for registered
voters, duly registered as voters, and afterwards
duly elected to the Senate Of Georgia oy the regis
tered voters Of the Senatorial district which The
represents, is entitled to his seat without let or
pliance with the reconstruction acta. is
concerned has been sanctioned and con-
flrmed by Congress, inasmuch as under those
laws no qualifications for ONCE are required or im
posed save those required OF voters, and az all the
voters had to be registered and as the undersigned
is registered voter. recognized and declared to be
such by General Meade, who then commanded the
district. ne is unquesr0naby entitled to vote.
SecOnd-Having passed the ordeal of registration
his ineigtbllity was judged by the standard pre-
scrbed IN the reconstruction acts ana the consIu-
ton Of Georgia. which have been approved BY Con.
gress as rule Of action on all other grounds OF
inegibiity and the military have no jurisdiction Of
Tnard-The recent act Of Congress, entitled "An
act TO promote the reconstruction Of Georgia." does
stence when passed relative to Guacstons ok of
voters or ONCE holders; but Congress- proceeding
upon the assumption that there had been illegal re-
elected IN violation Of the RECONSTRUCTION laws and
Of the Fourteenth article Of the Conslltu,
ton Of t1s United stssss requires hs
other OF the oaths prescribed IN the recent acts on
pain Of indictment, conviction and puntshment Tor
or the existing laws. Thus Congress declared What
Is the mischief, pointed out the remedy and desg.
mated the forum whose Jurisdiction should be the
sole and exclusive power for the enforcement OF that
remedy There Is no power lodged anywhere to
adopt different rule OF action or prescribe .
Fourtn-Congress itself can 20 no farther than
pass q law for the enforcement OF the fourteenth
article or the constitution Of the United states and
recent act OF law plainly states what remedy shall
be for violation, and where and how the remedy
shall De enforced against tie members Of the Legis-
lature OF Georgia; and the undersigned respectfully
asks how Can any officer Of the United states civil
or military, do more or less than Congress has pre-
Fln-The fourth section oftne present act declares
that persons elected to the General Assembly who
shall comply with the provisions OF the act by
taking one Of the prescribed oatns, or armatiops,
dcers % each House and / any menbsr bs'' snsn al
take either OF the Oaths falsely the act itself pro-
vldes what shall De the punishment.
Sirth.-The constitution OF the state provides one
other remedy, ana that s found tp the power OF
either house TO expel any OF its members who may
have rendered himself infamous by perjury or any
other heinOus crime.
Seuenth-In view Of the proposition hereInbefore
UNDERMINED FIN v aho
what is the object OF the inquiry which this honora
bic Board Is directed to instltutef What is to be
themi Is understood by these proceedings to Law
foundation or pave the way for the trial and pun
,snmens Of the unds,sgned Oy court martial
are a positive violation Of the recent act
aforesaid, which gives to the civil courts
Jurisdiction Of the question and prescribed the
mode and measure OF punishment for taxing either
oath falsely. ls 1t intended BY this investigation to
be prosecuted before the civil tribunal II so this
proceeding ID an usurpation Of the functions OF the
courts where they must comply with the orders Of
the military, or take direct issues with them Can 1t
be intended by this proceeding to obtain report
intend to- expel the undersigned from his
place In the Senate, after ne has registered
g Ss snse he Dy has au, been auaea SS sss
OF the district ne represents-after he has served
TWO long sessions as Senator, participating IN the
ton OF the United States ana declaring by solemn
public act the assent OF Georgia to the fundamental
conditions upon which the State was TO
be admitted TO representation IN Congress
BY the terms Of the act OF June rs, 1858.
After ne has compiled with the provisions
OF the recent act by taking one OF the prescribed
oaths participating IN the election OF president ana
secretary OF the Senator II ao power will be ex-
erclsed for which no authority can be found in the
constitution OF the United States the reconstruc
tion laws, or the recent act aforesaid any law in
existence; nay, moro. 1t would be exercising power
unknown 70 the generous spirit OF the American
government Subversive OF civil liberty destructive
OF the best hopes OF patriotic people.
Etghth-Great - are the powers of the District
Commander, he has no Lawful power or rlghtful
authority to set at naught the recent act OF Congress
or to provide additional different remedies for the
evils which Congress would correct.
Ninth-Said recent act Of Congress confers neither
expressly nor BY Implication any sort OF authority
upon the military power IN the United States TO in
terfere in the organization Of the Legislature or
pass judgment upon the eligibility OF its members.
wherefore, &C., r. B. Hinton by his attorneys
John Caln, r. H. Clarke, and George W. Lester
makes the same plea for ell like cases, The Court
l~,w