For a legislature to unseat some of the elected members because on not
untenable legal grounds it finds them ineligible, is not unusual. But the
act of the Georgia legislature could not, under the circumstances, be
regarded in the ordinary way. It showed strong racial prejudice. It was a
startling breach of the system which reconstruction had been designed to
institute, committed the very moment after the federal government withdrew
its hand. It fixed on Georgia at once the earnest and unfavorable
attention of northern public opinion. This fact enabled the Georgia
Republicans to bring the federal government again to their assistance.
Their leader, Governor Bullock, at the next session of Congress (December,
1868), presented a letter to the Senate, saying that Georgia had not yet
been admitted to the Union. She had not been admitted by the Omnibus Act,
for that act provided that she should be admitted when certain things had
been done, and those things had not been done. By the Reconstruction Act
of July 19, 1867, all persons elected in Georgia were required to take the
Test Oath. The members of the present legislature had never taken it.
Therefore the action which that body had taken on July 21st, regarding the
Fourteenth Amendment, was not a ratification by a legislature formed
according to the Reconstruction Acts; it was simply a ratification by a
body which called itself the legislature. Hence the Omnibus Act had not
yet gone into effect as to Georgia, and Georgia was not yet entitled to
representation in Congress.[169]
If this argument was valid in the winter of 1868, it must also have been
valid in the preceding summer. Yet in July Bullock had made no objection
to being inaugurated as governor of Georgia, on the ground that Georgia
had not become a state. He had not refused on that ground to issue on
September 10th a commission to Joshua Hill, reciting that he had been
regularly elected to the Senate of the United States by the legislature of
the state, and signed "Rufus B. Bullock, governor."[170] The argument was
an afterthought, not advanced until the expulsion of the negroes created a
favorable opportunity for a hearing. It conflicted with the declarations
and acts of the military authorities, and of the House of Representatives,
but the sentiment aroused by the expulsion of the negroes was considered
strong enough to sustain a repudiation of those declarations and acts.
Public-domain text, read in full here on John Shaqi.
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