Whatever may have been the merits of the construction of the
Reorganization Act adopted by the War Department, it is certain that the
proceedings taken under it greatly astonished those who had passed the
act. On January 19 the House of Representatives adopted a resolution
requesting the general of the army to inform it by what authority three
United States soldiers were acting as a committee in the legislature of
Georgia.[244] On February 4 the Senate asked for official information
regarding the proceedings had under the Reorganization Act.[245] The facts
disclosed in response to this request created such surprise that the
Senate directed the judiciary committee to inquire and report whether the
act had been complied with.[246] The answer of the committee, as we saw in
the early part of the chapter, was that the act had been misconstrued and
violated. The appointment of presiding officers by the governor, the acts
of those officers, the revival of the military governorship, and in
particular the interference of Terry in the organization of the
legislature--these, said the committee, were wholly unlawful. But though
unlawful they had resulted in no substantial injustice, since all the men
debarred by Terry were undoubtedly ineligible. And in any case a general
state election was approaching, so that if any injustice had been done it
would soon be righted. For these reasons the committee recommended that
Congress undertake no more legislation for Georgia, but admit her
representatives to each house as soon as possible.[247]
The committee believed that the Reorganization Act was to be construed as
a law entitling Georgia to representation in Congress as soon as she had
ratified the Fifteenth Amendment. This opinion was held by many
Republicans, who had followed Trumbull's example and who appeared from
this time on as opponents of further Congressional interference in the
South. The radical Republicans, however, led by Butler--those Republicans
characterized by a Republican paper of the time as "the screeching wing"
of the party[248]--insisted that Georgia must be admitted, as the first
Reconstruction Act had said, "by law," and that no law to that effect had
been passed. The reason why this argument was urged was that the passage
of a new act for restoring the state would give an opportunity to annex
other provisions besides the declaration of restoration. The particular
provisions designed to be annexed were for the purpose of prolonging the
term of the present state government.
On February 25 Butler introduced the bill to admit Georgia.[249] One of
its sections was as follows:
That the power granted by the constitution of Georgia to the general
assembly to change the time of holding elections ... shall not be so
exercised as to postpone the election for members of the next general
assembly beyond the Tuesday after the first Monday in November in the
year 1872.
Public-domain text, read in full here on John Shaqi.
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