The reason for this recommendation, said the committee's report, was that
Georgia had failed to comply with the requirements of the Omnibus Act, and
so was not yet entitled to representation in Congress. The failure here
referred to was not that alleged by Bullock--that the members of the
legislature had not taken the Test Oath--but the failure of the two houses
to exclude persons disqualified by the Fourteenth Amendment. The Omnibus
Act had provided that Georgia should be entitled to representation in
Congress when her legislature had "_duly_" ratified the Fourteenth
Amendment. The word _duly_ meant _in a certain manner_--namely, the manner
required by the rest of the act. The failure to exclude the disqualified
members was a departure from this manner.
We saw in Chapter V. that each of the committees appointed by the Georgia
legislature in July to investigate the eligibility of members was divided,
that both houses voted that all were eligible in the face of detailed
evidence to the contrary, that the decision of the lower house
contradicted the majority of its committee, and that Meade accepted the
decision rather for the sake of convenience and finality than because it
was indisputably correct. On these facts and on some independent
investigation the Senate judiciary committee based its belief that the
legislature had failed to obey the Omnibus Act in this respect.
Trumbull, of this committee, submitted a minority report. He admitted that
the decision of the legislature may have been incorrect. But he protested
that if the United States government intended to regard the presence of
half a dozen ineligible members in a body of two hundred and nineteen as
entirely vitiating the action of the legislature, it should have taken
this stand at first. If at first it had, through its representative,
Meade, overlooked the irregularity as a trifle, it seemed only just to
continue to overlook it, and not to make it now the occasion for
augmenting the turmoil in the state by fresh interference.
But the majority rejoined that there were very good reasons for not
overlooking the irregularity. It was not a mere trifling departure from
the letter of the act of Congress, it was a violation of the spirit of
that act. "The obvious design" of the Omnibus Act "was to prevent the new
organization from falling under the control of enemies of the United
States." The expulsion of the negroes showed that that design had been
frustrated and that the government was under "rebel control;" it showed a
"common purpose to ... resist the authority of the United States."
Moreover, the "disorganized condition of society" in the state made it
necessary for the federal government to intervene again in Georgia, not
only to vindicate its law, but to preserve order.
The protest of Trumbull is significant as an early sign of the growth
within the Republican party of an opposition to the prolongation of
Congressional interference with the southern state governments.
Public-domain text, read in full here on John Shaqi.
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