The War Department's deduction from the Reorganization Act of authority to
institute again the system of the Reconstruction Acts came a month or two
later under the consideration of the Senate judiciary committee, and was
pronounced a gratuitous perversion of the act last passed. That act
implied, to be sure, that the Georgia government was provisional; but it
was plainly intended not to revive but to supersede the former regulations
regarding that government. The purpose of the Reorganization Act was
simply that the legislature should reorganize itself and ratify the
Fifteenth Amendment. To this purpose military government had no relation.
The Reconstruction Acts had not expired according to their own provisions
as to Georgia, it was true, but they had been repealed by the
Reorganization Act. This was further proved by the latter's provision that
military force should be used "upon the application of the governor." The
Reorganization Act, said the committee, "invokes military action in what
it provides shall be done, and no more."[211] Unfortunately this opinion
was delivered some time after the theory which it demolished had been in
practical operation.
Terry, having received the _rôle_ of military governor, played it as the
true heir to the power of his great predecessors. He removed from office
three sheriffs and a county ordinary and appointed successors.[212] He
intervened in eight private controversies and composed them with a strong
hand.[213] In two cases before the state courts he substituted his command
for the regular process.[214] Still more apparent was the official
character which he had assumed, in his conduct toward the legislature.
Possessing the power wielded by Pope and Meade, he could issue any orders
he pleased to that body. For this reason, and because he was in sympathy
with them, the Georgia Republicans ardently embraced and tenaciously clung
to the theory that he was not a mere assistant in executing the
Reorganization Act, but a military governor under the Reconstruction Acts.
Public-domain text, read in full here on John Shaqi.
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