The bill for this purpose was called the Omnibus Bill. It provided that
North Carolina, South Carolina, Georgia, Florida, Louisiana, and also
Alabama,[136] should be admitted to representation in Congress as soon as
their legislatures elected under the new constitution should have ratified
the Fourteenth Amendment, on condition that the provisions of that
amendment regarding eligibility to office should at once go into
operation in those states, and on condition that the constitution of none
of them should ever be amended so as to deprive of the right to vote any
citizens entitled to that right as the constitutions then stood. A special
condition was imposed on Georgia; namely, that Article V., section 17, §§
1 and 3 of her constitution be declared void by the legislature. A
precedent for such a requirement was found in the act of 1821, admitting
Missouri to statehood.[137] The bill gave the governors-elect in the
states concerned authority to call the legislatures immediately to fulfill
the required conditions.[138]
The Omnibus Bill became law on June 25, 1868. On the same day Rufus B.
Bullock, the governor-elect of Georgia, issued a proclamation in
accordance with the act, summoning the legislature to meet on July
4th.[139]
Now, the Reconstruction Act of July 10th, 1867, had provided as follows:
All persons hereafter elected or appointed to office in said military
districts, under any so-called state or municipal authority, or by
detail or appointment of the district commanders, shall be required
to take ... the oath of office prescribed by law for officers of the
United States.[140]
On April 15th Meade had announced that in accordance with this provision
the members of the legislature to be elected on April 20th would be
required to subscribe to the Test Oath. But he was later advised from
headquarters, and by certain prominent members of Congress, that the
persons contemplated by the act of July 19, 1867, were those elected under
the Johnson government, not under the new government; and that therefore
the men elected on April 20th were not "officers elected under any
so-called state authority" in the sense of the act of July 19th. The
eligibility of these men, he was told, was to be determined by the
provisions of the new constitution and by the Fourteenth Amendment, and
they were not required to take the Test Oath.[142] Meade therefore did not
enforce his order. But though the new government was exempt from this one
requirement of the Reconstruction Acts, it was subject to the provision
which said:
... until the people of said rebel states shall be by law admitted to
representation in the Congress of the United States, any civil
government which may exist therein shall be deemed provisional only,
and in all respects subject to the paramount authority of the United
States.
Public-domain text, read in full here on John Shaqi.
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