When the legislature was assembled, every person claiming to be a member
should take a test oath prescribed in the act, to the effect that he had
never been a member of Congress or of a state legislature, nor held any
civil office created by law for the administration of any general law of a
state, or for the administration of justice in any state, or under the
laws of the United States, nor served in the military or naval forces of
the United States as an officer, and thereafter engaged in or supported
hostilities against the United States; each person should take this oath
or else an oath (also prescribed _verbatim_) that he had been relieved
from disability by Congress according to section 3 of the Fourteenth
Amendment. The exclusion on the ground of color of any person elected and
otherwise qualified, the act declared "would be illegal and
revolutionary," and was "prohibited." The act directed the President to
use force in executing the act upon application from the governor.
The process ordered by the act seems simple and obvious, but the general
of the army deduced much from it not apparent on its face. This act, he
reasoned, implies that the Georgia government is provisional, and has
never ceased to be so since March 2, 1867. And in that case the act of
March 2, 1867, has never ceased to operate as to Georgia, since by its own
terms it is to remain in force in each "rebel state" until each
respectively has been "by law admitted to representation in the congress
of the United States." Georgia has not been so admitted, since she did not
comply with the Omnibus Act. Therefore the Reconstruction Acts are still
in force in Georgia, and the general orders of July 28, 1868, declaring
the Third Military District abolished were a mistake. Accordingly those
orders were countermanded by the general of the army on January 4, 1870,
and General Terry, a prominent advocate, as we have seen, of the revival
of military government in Georgia, was placed in command of the remnant of
the Third Military District.[210]
Public-domain text, read in full here on John Shaqi.
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