Far different was the course of events in the lower house. When that house
assembled it found one Harris in the chair. Forgetting that his
appointment had been indorsed by Terry and that he was, therefore, the
virtual agent of a military governor who had the power to do anything he
chose to the legislature, the Conservatives raised objection to his
presiding and attempted to elect a temporary chairman in the usual way.
This attempt precipitated a violent scene in the house, but was
unsuccessful. Harris kept his seat and ordered the roll call for the
swearing in of members to proceed. The names of seventy-eight persons were
called and as many of these as were present were sworn in. At this point,
the journal records, "the clerk _pro tem._ announced that the house would
take a recess" until the next day. This the house did.[219] On January 11
and 12, the same proceedings occurred, the swearing in continuing until it
was suspended and the house adjourned by the "clerk _pro tem._"[220]
Without the theory that the Reconstruction Acts were still in force these
proceedings in the lower house would have constituted the plainest
illegality. But if Terry was a military governor and Harris his agent,
they were legal. Though the Senate judiciary committee later declared this
a false interpretation of the law, yet it was the official interpretation
of the War Department, as we saw by the order appointing Terry.[221] The
War Department had a right to decide what the Reorganization Act, which it
was to aid in executing, meant. Its decision, whatever its character, was
never officially overruled. Therefore the proceedings in the legislature
were officially regular.
Before the legislature met, the Conservative papers had published an
article by a state judge on the meaning of the first test oath of the
Reorganization Act. It concerned especially the phrase: "any civil office
created by law for the administration of any general law of a state." It
was argued that there were many state offices not included in this
phrase--among them those of mayor, alderman and state librarian. Since
these offices were not "for the administration of any general law," but
only for that of special or local law, former occupants of them who had
supported the Confederacy could take the present test oath.[222] This
construction would give an advantage to the Conservatives. To counteract
it, Bullock applied to the attorney general for an official
interpretation. That officer (Farrow by name) responded with a very
reasonable opinion. He admitted that officers with merely local functions
were not included in the phrase in question, but pointed out that many
municipal officers had the powers of a justice of the peace. In such cases
they were charged with the administration of general law and were included
in the phrase. The state librarian, said Farrow, executed general law and
was included.[223]
Public-domain text, read in full here on John Shaqi.
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