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
So great was the opposition to Reconstruction, under these hard
conditions, on the part of the white people in Georgia, that the
Governor was obliged to call for the military of the United States to
aid him, and finally to step aside for General Terry, who by an order
from the President, dated January 4th, 1870, was authorized to resume
the powers in Georgia of the commander of a military district, as
provided under the Reconstruction Act of March 2d, 1867. The General
found a number of members in the legislature recognized by General
Meade's proclamation who could not take either of the oaths or
affirmations prescribed. These he caused to be removed from their seats
in very arbitrary ways. This procedure put the Republicans in the
legislature in majority, and they filled these vacancies by admitting
persons who had received the next highest number of votes to those cast
for the expelled members in the election, and who could take one or the
other of the oaths or affirmations prescribed in the Act of the 22d of
December, 1869.
{240} [Sidenote: Ratification of the Fifteenth Amendment by the Georgia
legislature.]
The legislature as thus reconstructed was approved by the military
authorities, and it now proceeded to fulfil the final condition
required of Georgia, viz., the ratification of the proposed Fifteenth
Amendment to the Constitution of the United States. It also ratified
the Fourteenth Amendment. This was, from a legal point of view,
entirely superfluous, since the Fourteenth Amendment was, at the
moment, already a part of the Constitution, as much so as any other
Article, and in resuming the status of a "State" in the Union, Georgia
was, of course, subject to all parts of the Constitution alike. The
legislature might, with equal reason, have ratified specially any other
part of the Constitution. The idea seems to have been to correct any
possible defects in the ratification of this amendment which the
Georgia legislature had voted on July 21st, 1868.
[Sidenote: Further delay in the admission of representatives from
Georgia.]
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