The Omnibus Act had definitely said that Georgia should be "entitled and
admitted to representation in Congress as a state of the union when the
legislature" had complied with the conditions mentioned in the act. The
Reorganization Act was not so definite. It said; "The legislature shall
ratify the Fifteenth Amendment ... before Senators and Representatives
from Georgia are admitted to seats in Congress." This might be construed
as granting title to representation as a state as soon as the Fifteenth
Amendment should be ratified, or as merely requiring the ratification and
making no definite provision as to restoration but leaving that subject to
be provided for by another act. The latter construction was adopted by the
Georgia Radicals, since it prolonged the tenure of their military
governor. It followed from this construction that the state government was
still "provisional" and could not proceed with its business like a regular
state government. So after electing United States Senators (the election
of July, 1868, being regarded as invalid,[238] and the present election
probably being designed to become valid by relation), the legislature
adjourned until April 18, to await Congressional action.[239] In April
Congress had taken no action, and the legislature, after sitting a
fortnight, took another recess of two months.[240] Meantime the theory of
military government had been faithfully observed. Though the legislature
was only provisional, it could legislate with Terry's permission. It
passed a stay law on February 17, and asked Terry to enforce it.[241] On
May 2 it passed revenue and appropriation acts,[242] but not before Terry
had informed it through the governor that he would allow those acts to
have the validity of regularly issued military orders.[243]
* * * * *
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