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
This purified legislature now elected United States Senators, both of
them Republicans, of course. All these things were done in the latter
part of January and the early part of February of 1870, and as the
Congress was in session, there was reason to expect that Georgia would
be, at once, fully restored as a "State" of the Union. A bill was
reported in the House of Representatives on the 25th of February from
the Committee on Reconstruction for this purpose. It was nearly
identical in its provisions and language with the Virginia and
Mississippi bills, but it dragged along through nearly five months of
debate and partisan wrangling before it became law. The reason of this
delay was that, on March 4th, General Butler proposed an amendment to
the bill which provided: "That the power granted by the constitution of
Georgia to the general assembly to change the time of holding
elections, and prescribe the {241} day of meeting of the general
assembly, shall not be so exercised as to postpone the election of the
next general assembly beyond the Tuesday after the first Monday in
November in the year 1872, nor shall such power ever be by any future
legislature so exercised as to extend the term of any office beyond the
regular period named in said constitution; and the said general
assembly shall by joint resolution consent to this condition before
this Act shall take effect."
This language was at once taken to mean that Congress would undertake
to empower the legislature of Georgia to extend the terms of the
members of the Georgia legislature and of the Governor, elected in
April of 1868, by two years, on the ground that the "State" government
of Georgia was still provisional, and would so remain until the passage
of this Act, and that these terms would, therefore, not really begin
until the passage of this Act. The conservative Republicans as well as
the Democrats repudiated this interpretation of the powers of Congress
to extend, or to authorize the "State" legislature to extend, the terms
of the members of the legislature and of "State" officers as an
unprecedented usurpation. Some of them repudiated the idea that there
could be a provisional "State" government, and declared that any
further legislation in regard to the reconstruction of Georgia was
unnecessary, since the Act of June 25th, 1868, had restored Georgia to
her position as a "State" of the Union, along with North Carolina,
South Carolina, Louisiana, Alabama, and Florida, upon certain
conditions, all of which Georgia had fulfilled, just as the others had
done, and since all the others had been admitted to the enjoyment of
all of their rights and privileges as "States" of the Union without any
further legislation than the Act of June 25th, 1868.
Public-domain text, read in full here on John Shaqi.
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