334 



GEOEGIA. 



licans in the Legislature, that it is their intention to 

 Bubmit, in perfect good faithj to the requirements of 

 Congress in the reorganization of the General As- 

 sembly. 



It is their ardent desire to see peace, prosperity, 

 and good government restored in the State, and I 

 believe they intend to do all in their power to pro- 

 duce that result. They will neither offer factious 

 opposition to the Government of the United States, 

 nor will they countenance or encourage such oppo- 

 sition in others. Jt is, I believe, their settled deter- 

 mination to use all their influence to suppress dis- 

 order and crime of every character, and to aid in the 

 enforcement of the laws, for the protection alike of 

 all persons, without regard to race or color. 



I further state that I believe it is not their inten- 

 tion to encourage any member to take his seat who 

 cannot conscientiously take the oath prescribed by 

 the late act of Congress ; but they avow with equal 

 candor that it is their wish to see every member who 

 can take the oath occupy his seat. One of the chief 

 reasons which prompt this desire springs from the 

 candid conviction that it is the deliberate purpose 

 of certain persons, who are prominent in urging the 

 exclusion of members, to procure such an organiza- 

 tion of the Legislature, and of such materials, as will 

 enable them to consummate their favorite scheme of 

 involving the State in an immense debt, for their 

 own improper use of the public funds of the State, 

 which will not bear the test of impartial investiga- 

 tion. I do not intend to impugn the motives of those 

 members of the General Assembly who sustain these 

 men, but such is their power that they are able to 

 control the Eepublican organization, and force men, 

 by the use of the party lash, to do things and sus- 

 tain measures that they would not do if they acted 

 independently. Hence the pertinacity with which 

 they push forward their prescriptive policy, so as to 

 exclude as many native white citizens of Georgia as 

 possible, whose entire interest is in the State, and 

 who expect to remain upon her territory, from the 

 Legislature, till they have been able to mortgage our 

 estates for the payment of public obligations, cre- 

 ated for the purpose of filling their own private 

 purses. I candidly state that these convictions have 

 much more to do with our anxiety for a fair and just 

 organization of the Legislature than any political 

 considerations do or can have. 



The following is General Terry's reply to 

 the committee : 



HEADQR'S THIRD MILITARY Dis. OF GEORGIA, | 

 ATLANTA, GEORGIA, January 22, 1870. ) 

 ColonelJ. E. Bryant, Chairman, etc. 



SIR : After giving to your letter of the 17th inst. 

 a careful consideration. I have decided that I ought 

 not to submit the questions of law, which have arisen 

 in regard to the qualifications of certain members- 

 elect of the Legislature, to the justices of the Su- 

 preme Court of Georgia. I have the highest respect 

 for the character and attainments of the gentlemen 

 who compose the court, and have no doubt that 

 they would endeavor to give me an impartial opin- 

 ion ; but I have learned from several sources that 

 they, or at least some of them, have been consulted 

 individually as to the eligibility of several of those 

 whose cases have been investigated, and have given 

 opinions on the facts as submitted to them. I think, 

 therefore, that, in justice to all parties, the ordinary 

 rule of law, which forbids a justice to decide upon a 

 matter on which he has been consulted as counsel, 

 should be followed here. 



ALFEED TEEEY, Brevet Major-General. 



It was true that the committee had submit- 

 ted the question to some of the judges of 

 the Supreme Court; and Joseph E. Brown, 

 the Chief Justice, had given an opinion at 

 some length, in which he argued that the of- 

 fices of State Librarian, notary public, and road 



commissioner, held by some of the accused 

 members prior to the secession movement, did 

 not constitute them executive or judicial offi- 

 cers within the meaning of the act of Con- 

 gress of December, 1869, and declared that 

 the "position insisted upon for tlie exclusion 

 of the class of officers mentioned " was " sim- 

 ply absurd." His conclusion was, that there 

 was " no legal reason why a person who held 

 the position of State Librarian, notary public, 

 road commissioner, officer of the inilitia, or 

 officer of a municipal corporation, if in the 

 latter cases they had no general civil jurisdic- 

 tion, to administer a general law of the State, 

 or to administer justice, may not safely take 

 the oath prescribed by the late act of Congress 

 for members of the Legislature of this State." 



This opinion, however, seems to have had 

 no weight with General Terry or the military 

 commission. The general had several times 

 consulted, by telegraph, with the authorities at 

 Washington, and was assured that he had the 

 support of the Administration, and must con- 

 tinue to use his own discretion. The language 

 of General Sherman to him, on the 22d of 

 January, was : " Decide all questions as they 

 arise, and do not depend on us. You are to 

 determine absolutely the questions of doubt, 

 for the Attorney-General thinks you are tho 

 only power there other than that reserved to 

 itself by Congress." 



The President had at one time expressed his 

 disapproval of the method adopted in organ 

 izing the Legislature, and determining tho 

 eligibility of members ; but, after receiving an 

 extended report of proceedings from General 

 Terry, and consulting with Attorney-General 

 Hoar, he withdrew all objection, and assured 

 the military commander that he would be sus- 

 tained by the Administration. 



On the 26th of January, General Terry 

 transmitted to the House of Eepresentatives 

 the result of the military investigation. Five 

 persons were declared ineligible, and "pro- 

 hibited from taking part in the organization of 

 the House, and from attempting to exercise 

 the functions of members thereof. " Sixteen 

 other persons, who had been elected in 1868, 

 were also prohibited from taking their seats, 

 although their cases had not been brought be- 

 fore the military commission, on the ground 

 that they had "refused, declined, neglected, 

 or been unable to take one of the oaths pre- 

 scribed by the act of December 22, 1869." 

 The other members were allowed to qualify 

 and take their seats, and the House was or- 

 dered to proceed, under the direction of Mr. 

 Harris, to elect its officers, the names of the 

 persons designated as ineligible being in all 

 cases omitted in the call of the roll. Mr. Mc- 

 Whorter, a stanch supporter of Governor 

 Bullock, was elected Speaker, and the House 

 adjourned. On the next day, a message was 

 received from the Governor, recommending 

 that the persons receiving the next highest 

 vote to that of the excluded members, in the 



