336 



GEOEGIA. 



the full term from March 4, 1871 to March 4, 

 1877. On the 15th a resolution was offered 

 in the Senate, declaring that Dr. Miller had 

 been regularly elected for the unexpired term, 

 and no further election could take place, but 

 this was ruled out of order. A protest was 

 then presented, signed by nine Senators, declar- 

 ing that the proposed election was illegal and 

 unauthorized, inasmuch as United States Sen- 

 ators had already been elected in accordance 

 with the requirements of the constitution, and 

 had not resigned, and the " Senate of the Uni- 

 ted States had not informed the Legislature of 

 Georgia that from any other cause there was a 

 vacancy in the representation of the State in 

 that body." After the reading of the protest, 

 an election was at once proceeded with, and 

 Foster Blodgett was chosen for the full term, 

 II. P. Farrow for the term ending in 1873, and 

 E. H. Whitely for the term ending in 1871. 

 The House of Eepresentatives concurred in 

 this action on the same day, though a vigorous 

 opposition was made, and a similar protest of- 

 fered. On the following day a message was 

 received from Governor Bullock, expressing 

 the opinion that the ordinary laws passed in 



1868 and 18G9 had not been rendered invalid 

 by the act of Congress of December 22, 1869, 

 but at the same time recommending that no 

 further general legislation be undertaken until 

 the " action to complete the reconstruction of 

 the State is accepted by Congress." According- 

 ly, on the 17th, both Houses adjourned for sixty 

 days, after adopting the following resolution : 



JZesolved, By the General Assembly, that all pro- 

 ceedings in the several courts of this State, founded 

 on any debt, or contract, made or entered into prior 

 to June 1, 1865, and all levies and sales by virtue of 

 any execution so founded, shall be, and are hereby, 

 stayed until twenty days after the recess taken by this 

 General Assembly shall have expired. 



Resolved, That the General Assembly, in compliance 

 with the just demands of the people, earnestly appeal 

 to Major-General Terry to sanction and enforce the 

 above resolution after its approval by the Provisional 

 Governor. 



The Legislature was in session again for a 

 few days 'during the latter part of April and 

 the first part of May. A message was sub- 

 mitted by the Governor, recommending " that 

 by joint resolution the appropriation act of 



1869 be, in proper proportion, continued for 

 the first and second quarters of this year ; that 

 the Comptroller-General be authorized to pro- 

 ceed under the tax act of 1869, and that your 

 honorable body then adjourn until such time 

 in the future as will be most likely to embrace 

 the action of Congress for the recognition of 

 the State, and her admission into the Union," 

 and suggesting the first "Wednesday in July as 

 a convenient time for reassembling. His rea- 

 sons for these recommendations are given in 

 the following terms: "The recommendation in 

 regard to the resolution for appropriations, etc., 

 is made because we have the assurance of the 

 general commanding this district that, owing 

 to the pressing necessity for such action, he will 



give validity to the resolutions, and authorize 

 them to take effect. And the adjournment 

 pending the action of Congress is recommended 

 because of the peculiar political condition in 

 which we are placed. The government of the 

 State being provisional, subject in all respects 

 to the district commander under the recon- 

 struction acts, the Legislature cannot proceed 

 to general legislation, unless it shall organize 

 by administering the test-oath to its members." 

 A resolution was adopted in accordance with 

 the first recommendation, after a long debate, 

 and against a vigorous opposition on the part 

 of the Conservative members. The substan- 

 tial grounds of this opposition were set forth 

 in a protest signed by over forty members of 

 the House of Eepresentatives, and containing 

 the following declarations : 



1. The constitution of this State requires that " all 

 bills for raising revenue and appropriating money 

 shall originate in the House of Eepresentatives," 

 giving to the Senate only the power to " propose or 

 concur in amendments, as in other bills." The act 

 of yesterday, by which this House concurred in the 

 measure which originated in the Senate, to pass laws 

 by mere resolution to raise and appropriate money, 

 was so clearly in violation of the constitution that no 

 argument is necessary to prove it. It is without a 

 precedent in the history of legislation in any country 

 where constitutional liberty is established. 



2. When the report of the committee containing 

 the recommendations of his Excellency, on which 

 this action was based, was undeT consideration, some 

 members voted for the adoption of that report on the 

 assurance of the Speaker that the Appropriation Bill 

 could (or should) be introduced and acted upon in 

 the usual way. after three regular readings ; that it 

 could (or should) be considered section by section, 

 in Committee of the Whole, according to the rules of 

 the House, and amended in any way that a majority 

 of this body might determine. 



But when the resolutions were brought from the 

 Senate to the House, and a member proposed to intro- 

 duce an appropriation bill, he was overruled by the 

 Honorable Speaker, who, instead thereof, entertained, 

 contrary to his former ruling, a motion to concur in 

 the resolutions which originated in the Senate. A 

 member then raised a point of order, insisting upon 

 the first ruling of the Speaker, who replied that, in 

 consequence of instructions from General Terry, he 

 had changed his mind, and ruled to entertain the mo- 

 tion to act on the Senate resolutions, and adopt them 

 as a whole. This latter ruling we hold to be in viola- 

 tion of the constitution of the State of Georgia. 



But, according to the statement of the Speaker, 

 made to this House, General Terry is alone responsi- 

 ble for setting aside the constitution of Georgia, in mat- 

 ters pertaining to the vital interests of the people. 

 It thus appears that he has arrogated the sole right to 

 determine the manner in which the General Assembly 

 shall raise and disburse the money of the people^ and 

 has assumed to set at naught the most sacred rights 

 of a free people, as recognized in all representative 

 governments. 



The Governor, in his message, had also re- 

 newed a recommendation made in February, 

 that three committees be appointed : the first, 

 "to investigate the indirect charges made by 

 the Treasurer, through the public prints, against 

 the Executive, as well as any and all charges 

 he may now have to present ; " the second, 

 "to inquire as to the Treasurer's use of the 

 public money for his own personal benefit, and 



