Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-03
aEnRRIA.
The Late LeEIsIature-Heport OF inc
Judiciary Committee.

Of Georgia has been recognized In accord.
spce with the provisions OF the &C, passed at
the present session to promote the recon
structlou Of that State, aud whether any
further legislation ia necessary upon the
subject Of the Organization ofthe Provisional
Legislature In Georgia, the committee yes
terday morning made a report, which was
presented by Mr.. Edmunds.
The report recites the manner Of the or
ganizatiou OF the Provisional State Govern
ment IN 1868; the fact Of Its approval by the
Military Commander Of the district; the
subsequent expulsion OF negro members OF
the Legislature, aud the consequent passage
by Congress Of the act Of Dec. %, 1902, con-
ferrlng upon the General Assembly Of the
State the exclusive power to perfect Its Or
yanization. There being no room for In
ference or construction comforting such
either upon the Governor or Mill
tary Commander under this act, the Gov
ernor Of Georgia summoned the persons
elected to tho Legislature, as named In the
Atlanta on January 10, 1870, and a quorum
Of the Senate took the oaths prescribed, and
organized as provided by the act.
The report details the circumstances at
tending tho Organization Of the House OF
Representatives and the part taken ''by one
Harris, not member or oficer, but who had
been designated to call the body together by
the Governor" and calls attention TO the
fact that Harris continued to preside, aud to
adjourn the body from time TO time at his
own pleasure, without consulting the House.
He also determined what persons who had
appeared as members shonld be permitted
from day to day to take the prescribed oatbs
and take their seats. This proceeding was
ratified by the general In command at At.
lauta, who, subsequent to the passage OF the
pointed to the command OF Georgia as a
military district under the act Of March .,
1857.
A statement Is then made Of the action Of
| Gen. Terry In directing the exclusion OF GER
tain persons from the Legislature until their
cases should be favorable reported upon by
q military commission he organised. Three
members-elect were thus excluded, aud the
admission Of other persons was delayed
until they should be relieved from their po-
litical disabilities. Upon this history tho
committee Is constrained to say that In Its
| opinion the aforementioned action OF the
| military authorities was not authorized by
law. The Legislature elected In Georgia
was intended by Congress TO take the place
OF the provisional government as . permR-
nent one. This seems perfectly clear, and
the Same view was taken by the General OF
March Q, 1868. The correction Of any mis-
apprehension 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, at is due to the gen.
eral In command to say that circumstances
Justify the committee In reporting that his
whole conduct 10 the affair was under the
sincere belief that he was acting within the
scope Of his lawful authority, and that
under the circumstances OF much difficulty
and delicacy he conducted affairs, although
| outside of the law, In such manner as to
command the personal respect aud conf
dence Of all parties concerned. The com.
mlttee also believe that 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 candidates
against the persons 80 excluded, but received
only q minority Of the votes cast, Is consid-
| cred by the committee unwarranted by law,
and the persons then admitted were not law
fully entitled to seats In the Georgia Lcgis-
lature. Tho committee therefore report
under the first resolution, that, In the fol-
lowing respects, the organization OF said
Legislature has not been warranted BY law.
ist. In the control and direction Of Its pro-
eeedings by Harris.
"a. In the exclusion from taking the oaths
and from seats Of three members elect who
offered TO swear In.
50. In the seating of the persons not
having a majority Of the votes Of the elcc.
ton.
| In respect TO the second resolution before
reclted, calling upon the committee to report
whether any further legislation Is necessary
In respect TO the Organization Of the Legis-
lature of Georgia, the committee report that
| q full hearing was given to both sides OF the
controversy there, and the representatives
| OF the great BODY Of thoee "hO gontSad that
the proceedings aforesaid have been Illegal
| and irregular, expressed their willingness
that Congress should refrain from further
interference with the organization and com
position Of the Legislature, and leave Il 10
| proceed In the exercise OF Its legislative
| franchise.
Notwithstanding the matter aboye-men.
| toned, II the provisions Of the constitution
| of Georgia and the organization OF the con-
| yeutlon could be carried out, providing for a
fresh election Of one half the Senators and
all the members Of the House OF Reprenta-
tlyes, In November, 1870, the other party
justifes what has taken place, and, OF
course, object to any action on the subject.
In this condition Of Affairs, inasmuch as the
errors Of the general In command of the
State do not appear TO have worked any
serious Injustice in point Of fact, and as
| the error In seating the minority can
didates was committed BY the House OF
Representatives In the exercise OF right
ordinarily belonging TO Ii In the hrst instance,
and inasmuch as II appears certain that the
| terms Of office Of the members Of the Georgia
| Legislature aud OF Its State government will
expire at the same time that they would
have done had the State been fully restored
| to It's place 10 the Union, In July 1905, and
aid not commence or run from the date OF
| Its future admission 70 representation, with
| out reference 10 what might be the legal Of
| literal construction OF the last clause Of the
second subdivision OF the FIRST section OF the
third article of the Constitution, the com
mittee feel justified In emitting to recon
mend any further legislation on the subject
OF organizing the Legislature.