GEORGIA. 



313 



a law June 25, 1868, and civil government having 

 been inaugurated in each, the military power vested 

 in the district commander by the reconstruction laws, 

 by the provision of these laws, ceases to exist ; and 

 hereafter, all orders issued from these headquarters, 

 and bearing upon the rights of persons and property, 

 will have, in the several States of Georgia, Alabama, 

 and Florida, only such force as may be given to them 

 by the courts and legislators of the respective ^States. 



To conform to the changed condition of affairs, the 

 commanders of the several sub-districts, hereafter to 

 be designated as districts, will, without delay, with- 

 draw all detachments of troops, whether infantry or 

 cavalry, and concentrate their command as herein- 

 after directed. 



In the District of Georgia, the following posts will 

 be occupied : 



Dahlonega One company of infantry. 



Savannah Two companies of infantry. 



Atlanta Seven companies of infantry. 



The above posts will be occupied by the 16th Re<ri- 

 ment of Infantry, whose colonel will designate the 

 companies, and also will assign the lieutenant-colonel 

 to the post of Atlanta, and the major to Savannah. 



During the period in which General Meade 

 exercised the authority of civil government in 

 the Third Military District, the whole number 

 of persons tried by military commission in the 

 three States of Georgia, Alabama, and Florida, 

 was thirty-two. Of these fifteen were con- 

 victed, but the sentences of four were disap- 

 proved, and those of eight others remitted, 

 while two were referred to the President of 

 the United States thus leaving but one in con- 

 finement for a civil offence, on conviction by 

 the military tribunal. 



The negro members of the Georgia Assem- 

 bly were all legislated from their seats in the 

 course of the session. In the first place Aaron 

 A. Bradley, who had been elected to the Sen- 

 ate from the First District, and who it will be 

 remembered was expelled from the Constitu- 

 tional Convention, on the ground that he had 

 been convicted of crime in another State, was 

 induced to resign his place, to escape a similar 

 fate in the Legislative Assembly. The theory 

 in the Senate, however, was, that, as he was a 

 convicted criminal, he had never been eligible 

 to office, and therefore could not resign. A 

 resolution was accordingly adopted, declaring 

 that he was ineligible, and that R. 0. Lester, 

 who had received the next largest number of 

 votes at the election, was, according to the 

 laws of the State, duly elected in the First Dis- 

 trict. On the resignation of Bradley, the 

 Governor had ordered a new election, and the 

 right of Mr. Lester to occupy the vacant seat 

 was likely to be contested ; but, before the elec- 

 tion occurred, the action of the Legislature 

 took place which excluded all the colored mem- 

 bers on account of ineligibility under the con- 

 stitution and laws of the State. In order to see 

 clearly the ground upon which this action was 

 based, it will be necessary to take a glance at 

 the course of the convention in relation to this 

 very subject. While the constitution was under 

 discussion, the following section was proposed, 

 and, after some debate, rejected by a vote of 

 126 to 12: 



SECTION 10. All qualified electors, and none others, 



shall be eligible to any office in this State unless dis- 

 qualified by the constitution of this State or by the 

 Constitution of the United States. 



Having rejected this, the convention made no 

 provision which could be construed as expressly 

 giving the negro a right to be elected to office, 

 but, on the contrary, declared that " the code 

 of Georgia, and all laws passed since the 19th 

 day of January, 1861, are of full force," except 

 as to slaves ; and by these laws the right of 

 persons of color to hold office is in terms de- 

 nied. The matter was first brought up in the 

 Senate on the 25th of July, by Mr. Candler, 

 who offered the following resolution : 



Whereas, ex-Governor Joseph E. Brown, one of 

 the ablest lawyers in the Eepu blican p^arty of Georgia, 

 as well as other persons, distinguished for their 

 knowledge of constitutional law, held, during the late 

 election canvass, that persons of color were not en- 

 titled to hold office under the existing constitution ; 

 and whereas, such persons hold seats as Senators on 

 this floor ; and whereas, there are laws of vital im- 

 portance to the people of Georgia to be enacted by 

 the General Assembly, the validity of which should 

 not be made uncertain, because of a participation in 

 their enactment by persons not entitled, under the 

 constitution, so to participate : therefore, be it 



Resolved, That the Committee on Privileges and 

 Elections be directed to inquire into the eligibility 

 of the several persons of color holding seats as Sen- 

 ators, and report at the earliest day practicable. 



The subject was afterward introduced in the 

 House of Representatives, and, after several 

 weeks of animated discussion, the whole move- 

 ment resulted in the expulsion from both Houses 

 of all the negro members. 



The resolution of the House of Representa- 

 tives effecting the final expulsion was adopted 

 on the 3d of September, and was in these words : 



Whereas, Abram Smith, of the county of Musco- 

 gee, has been declared ineligible to a seat on this 

 floor; and whereas, Thomas W. Grimes, Jr., of 

 said county, received the next highest number of 

 votes cast in said county at the late election for Kep- 

 resentatives in the General Assembly of this State, 

 be it 



Resolved, That the said Thomas W. Grimes, Jr., 

 be declared a member of this body, and that the 

 proper officer proceed immediately to swear him in. 

 [Here follows a full list of the negro members.] 



The above resolution was amended by Mr. 

 Tumlin, of Randolph, as follows : 



Free persons of color, heretofore occupying seats 

 on the floor of this House, are, under the constitu- 

 tion of the State of Georgia, ineligible to seats on the 

 floor of this House ; and whereas, they have been so 

 declared by said House, be it therefore 



Resolved, That the persons in each of the counties 

 aforesaid, having the next highest number of votes, 

 who are free from constitutional ineligibility, are de- 

 clared eligible and entitled to seats on the floor of 

 this House. 



When the Governor was informed, by a spe- 

 cial committee, of the action of the House, he 

 sent in a communication acknowledging the 

 receipt of the resolution, but in a decided tone 

 disapproving of the course which had been 

 adopted. He argued at considerable length in 

 favor of the right of colored persons to hold 

 office under the Constitution and laws of the 

 United States, and the State of Georgia. In 



