The bill became law on December 22, 1869.[204] Congress thus decided at
last to adopt the opinion of the Senate judiciary committee, that Georgia
had not become a state through the Omnibus Act. General Meade, in
declaring the contrary, had been mistaken. Bullock, in calling himself
governor, had been mistaken. The House of Representatives, in admitting
members sent from Georgia, had been mistaken; they were _de facto_
members, but had no legal right there.[205] The legal basis of the act of
December 22 was then the same as that of the original Reconstruction Acts.
The question which had been raised in the debates on these acts--What
legal effect could the action of a body not the legislature of a state
have on the adoption of an amendment to the constitution?--was raised
again here. Some of the Republicans argued that such action could have no
effect and should not be required.[206] Under these circumstances there
was a more earnest effort than any heretofore made to defend such a
requirement. It was answered: True, the body which will ratify the
amendment in Georgia will not be a state legislature at the time; but it
will later become a state legislature, and then by relation the
ratification will be imputed to the state legislature and will thus have
legal effect. Relation, an operation known to private law, had been
applied to constitutional law in several previous cases, in order to give
to acts done by the legislatures of territories the same effect as if they
had been done after statehood was obtained.[207] The ratification by
Georgia would be valid by relation.[208]
CHAPTER VIII
THE EXECUTION OF THE ACT OF DECEMBER 22, 1869, AND THE FINAL RESTORATION
Before relating the manner in which the act of December 22, 1869 (which we
shall call the Reorganization Act), was executed, we must mention its
provisions in more detail than we did in the last chapter. It first
"authorized and directed" the governor by proclamation to summon
"forthwith" all persons elected to the legislature in April, 1868,
according to Meade's announcement of the result of the election then
held,[209] to meet in special session "on some day certain." The act
continued:
and thereupon the said general assembly shall proceed to perfect its
organization in conformity with the Constitution and laws of the
United States, according to the provisions of this act.
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