New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-17
GEORGIA.
A PROTEST AGAINST TIE JURISDICTION or THE
MILITARY COURT OF INQUIRY.

PROTEST AGAINST TIE JURISDICTION or TIE
MILITARY COURT OF INQUIRY.
ATLANTA, Jan. 1j.-In the Court of Inquiry
to-day the counsel for the defense filed the following
plea against the jurisdiction Of Gen. Ruger - Gen.
Haines and Mayor Goodfellow composing the Board Of
Inquiry:
The ineigiblity Of the undersigned TO seat IN the
Legislature of Georgia the Reconstruction acts Of
the Congress of the United States the undeTs being
officially notified OF the appointment of the meeting OF
this honorable court and being also notified that he might
appear either In person by attorney and defend him
sell against the allegations that he Is ineligible 10 seat
the Legislature OF the sand State, does appear with all
due respect for the members OF the Board personally and
does hereby and declare that the honorable Board
has no lawful right Jurisdiction inquire INTO and
pass judgment upon the eligibility OF the undersigned to
In the Legislature OF Georgia. for the reasons and
upon the grounds following:
First The undersigned after ful investigation as to
his qualifications and after taking the oath prescribed IN
tered voters afterward duly elected the
Of Georgaby the registered OF the Senatorial Dis
ric which he represents is entitled to his seat without
let or hndrance. His eligibility, so fa- as compliance
with the Reconstruction acts is concerned has been
toned aud confirmed by Congress, nasmuch as under
those laws qualifications for office required or I'M
posed those required Of voters aud all the voters
had 10 he registered and as the undersigned is regis
Meade, who then commanded the District, he is unques
Second Having passed the ordeal OF registration his
inegibiy Judged by the standard prescribed the
Reconstruction acts and the Constitution OF Georgia,
which have been approved by COngressas ue OF action
all other grounds OF nelgbity and the military have
jurisdiction Of the question.
Third The recent act Of Congress- entitled IAN act 10
10 promote the reconstruction Of Georgia. does not re-
peal modify the Reconstruction laws in existence
when passed relative 10 qualifications OF voters office
holders; but Congress- proceeding upon the assumption
been Illegal registrations and members OF
the Legislature thereby elected In violation OF the Re
construction laws ana OF the Fourteenth article OF the
Constitution Oi the united states requires that nemDcrs
Legislature shall take the other OF the oaths
NictOn ana punishment Tor telony when Is IN con
ity to- and in furtherance Of the existing laws. Thus
remedy, and designated the forum whose jurisdiction
should be the sole and exclusive power for the enforce
Of that remedy. There is no power lodged any
where 10 adopt different rule OF action or prescribe
remedy.
law the enforcement OF the Fourteenth article OF the
Constitution Of the United States and recent act Of
and where and how the remedy shall be enforced against
the members Of the Legislature Of Georgia, and the
undersigned respectfully asks how any officer OF the
United States, clv or military do more or less than Con-
gress has prescribed.
that persons elected to the Ge9efd assembly who sha
the Prescribed oathS or afrmations shall theeGpon
proceed eOrgauize the Houses by the election OF
proper officers 10 each House. and II any member shah
either of the oahs lsey the act itself provides
what shall be the punishment ,,-
other remedy and that found IN tbs power OF either
House expe any OF It's members who may rendered
himself infamous by perjury other henons crime
SerenM: In view OF the proposition herenbefore sub
mtted, the undersigned most respectfully asks what Is
ditecIed TO niitnis What is TO be made Of the testi
mony which may be given before them Is 1t under
stood 10y these proceedings to lay foundation or pave
the way the trial and punishment OF the undersigned
by a cOurt-martial military cOmmsslOnf II the
proceedings positive violation OF the recent act
aforesaid which gives the civil courts Of the United
states the sole exclusive Jurisdiction Of the question, and
prescribed the mode and measure OF punishment Tor
taking either oath falsely Is II intended by this lYe
CATION 10 point out who guilty OF felony ana VINO
should be prosecuted before the civil tn0unalf so,
this proceeding usurpatOn of the functions OF the
civil courts preudical OF the and places the ell
courts they comply with the orders OF the
military, or take direct issues with them. Can II
be intended by this proceeding TO obtain report
from the board upon which the military autho-
rites intend TO expel the undersigned IRON MS
place the Senate alter he has registered as Y0ter-a
he has duly elected TO the Senate by duly qu
fled voters OF district he representsafer he has
served long sessions Senator participating III the
OF the Fourteenth article OF the CONSTITUTION
OF the United States and declaring by solemn public act
the of Georgia TO the fundamental conditions
upon which the state TO be admitted 10 representa-
on In Congress OF the act or June 2 1868,
after has compiled with the provisions OF the recent
act by taking Of the prescribed 0als participating III
the election OF President and Secretary VI the Senator
III so power will be exercised for which no authority
can be found the Constitution OF the United states or
the Reconstruction laws the recent act Aforesaid or
any law in exstence nay, more, It would be exerclsne
Government, subversye OF civil liberty, destructive OF
the best hopes Of "a patriotic people
Ei1h: Great the powers,of the District Com
mandeT he has no lawful power or rRhtful authority 10
set at naught act OF Congress 10 provide
additional different remedies for the evils which Congress
would correct.
EiI.t said recent Congress confers neither
pressly by Implication any sort or authority upon
the military power in the United States 10 interfere In
the organization OF the Legislature or pass Judgment
upon the eligibility OF It's members.
Wherefore, &c., X. Il. Hinton by hi5 attorneys John
CALM r. IL Clarke, and George W. Lester. naAcs the
day taking testimony