Several bills relating to Georgia were then introduced, which, though they
were not advanced very far, are worth noticing.[194] Their titles indicate
the purpose "to enforce the Fourteenth Amendment." Now, the Fourteenth
Amendment consists principally of prohibitions on states; it could not be
enforced in Georgia unless Georgia was a state. Georgia had (it was
assumed) admitted to her legislature men subject to the disqualifications
of the Fourteenth Amendment, and had excluded men from the legislature on
the ground of color, thus denying the equal protection of the laws to
citizens. The latter act had been done after the Fourteenth Amendment went
into effect (July 28, 1868[195]), the former before, but its effect
continued. If Georgia was a state, then, she had violated the amendment,
and Congress might correct these two acts by virtue of its power to
enforce the amendment. If Georgia was not a state, she had not violated
the Fourteenth Amendment, but her acts were subject to correction by
Congress, because her government was "provisional only." If, therefore,
Congress proposed to enforce the Fourteenth Amendment in Georgia, it
acknowledged that Georgia was a state, and so debarred itself from any
interference not necessary to enforce that Amendment. If it proposed to
interfere simply as with a provisional government, there was no such
limitation.
The bills of the first session of the forty-first Congress proposed to
enforce the Fourteenth Amendment. To secure the enforcement of the
disqualification clause they provided that each member of the legislature
should be required to take an oath saying that he was not disqualified by
the amendment, and that those who did not so swear should be excluded. To
secure equal rights to the colored legislators they provided that all
persons elected to the legislature (according to General Meade's
announcement of the result of the election of 1868) who should take the
test oath required should be admitted, and that the expulsion of the
negroes should be declared void. The federal military authority was to
assist in executing these measures if requested by the governor. These
measures, it will be observed, were only such as might legally be taken
regarding Massachusetts if it violated the Fourteenth Amendment.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account