After the swearing in of members had gone on in the house of
representatives, as we have said, it was believed by the Radicals that
some Conservatives were acting upon the judge's interpretation and
disregarding the attorney general's, and that others had sworn or intended
to swear falsely who were debarred even by the former. Ordinarily, if a
man intends to swear falsely to a test oath there is no way of preventing
him. In the existing state of public opinion, prosecution for perjury
after the oath of office was taken was impossible. But Georgia had a
military governor. By issuing orders he could prevent men whom he believed
ineligible from swearing and could unseat those whom he believed to have
sworn falsely. This Terry decided to do.
On January 13 he detailed a board of soldiers to investigate the cases of
twenty-one members elect whose eligibility was questioned.[224] This
board sat for two weeks, and found five men ineligible[225] and eleven
eligible.[226] Terry accordingly forbade the five, and ordered the eleven,
to be sworn in. The remaining five of the twenty-one, together with
nineteen others, confessed ineligibility by filing with Bullock
application for the removal of their disabilities by Congress. These also
Terry forbade to be sworn in.[227] The actions and the decision of the
board of inquiry were pronounced fair and honorable even by the
Conservatives.[228] The nineteen applications for Congressional grace were
said to have been procured by the Radicals through intimidation and
fraud.[229] If the applicants were in fact ineligible but intended
nevertheless to take the oath, then we must admire the cleverness of the
Radicals in dissuading them, by whatever means they did it. If they used
intimidation and fraud, their means were no worse than the end sought by
their victims--the frustration of a law by perjury. On the other hand, if
nineteen Conservatives who were eligible were induced by Radicals to
petition for the removal of ineligibility, the fact may excite disapproval
of the Radicals, but hardly pity for the Conservatives.
Public-domain text, read in full here on John Shaqi.
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