Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
On the other hand, the conservatives in Georgia undertook to do
something for themselves. They got up a test case in the Supreme Court
of the "State" to determine the rights of negroes to hold office. The
case was that of White and Clements, and the office involved was a
county court clerkship. Of course the decision was not binding upon the
legislative houses in judging of the eligibility of their members, but
it was thought that it would have an influence upon their views. The
court decided that under the new constitution of Georgia and the code
of Georgia negroes could hold office, since the constitution of 1868
declared that all persons born or naturalized in the United States and
residents in Georgia were citizens of Georgia, and the code declared
that among the rights of citizens was the right to hold office. Of
course the legislature could abolish or amend the code. After the
rendering of this decision the conservative members of the legislature
requested the Governor, Mr. Bullock, who was a radical Republican, and
a New Yorker by birth, to reconvene the legislature for the purpose of
reseating the expelled negro members. The Governor refused, apparently
not desiring to anticipate the action of Congress in the case. The
attempt of the conservatives to help themselves thus came to naught,
and the unhappy community drifted on toward anarchy and violence,
according to the report now made by {238} General Terry to the
President, who declared it to be his opinion that the United States
Government must intervene anew in order to preserve it against that
fate.
[Sidenote: New conditions imposed on Georgia.]
Public-domain text, read in full here on John Shaqi.
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