In the Senate the necessity of any bill and the propriety of the Bingham
amendment were warmly debated for some weeks. Then the so-called Drake
amendment was offered. It provided that whenever the legislature or
governor of any state should inform the President of the existence within
that state of associations organized for the purpose of obstructing the
law and doing violence to persons, then the President should send troops
to that state, declare martial law, suspend the privileges of the writ of
_habeas corpus_, and take such other military measures as he saw fit, and
should levy the cost of the expedition on the people of the state.[252]
The propriety of grafting this general measure on a special bill like the
present should not be discussed, it was said, in view of the pressing
necessity of passing it in some way, no matter how.[253] The debate thus
complicated continued until April 19, when the bill went to the committee
of the whole. There, the night being far spent, two entirely new
amendments were suddenly offered. One commanded Georgia to hold a general
election in the present year; the other declared that the existing
government of Georgia was still "provisional" and provided that the
Reconstruction Acts of 1867 should continue to be enforced there. These
amendments were adopted by the committee. The Drake amendment was also
adopted. Finally, the entire bill as it came from the house was stricken
out.[254] Thus transformed so that, as a Senator said, "it would not be
recognized by the oldest inhabitant," the bill was passed by the
Senate.[255]
The House of Representatives did not take up the bill again until June 23.
On June 24 it decided to insist on the passage of the bill substantially
as before passed.[256] As a result of the conference following, the Senate
yielded to the House. The bill became law on July 15, 1870. It said:
... It is hereby declared that the state of Georgia is entitled to
representation in the Congress of the United States. But nothing in
this act contained shall be construed to deprive the people of
Georgia of the right to an election for members of the general
assembly of said state, as provided for in the constitution
thereof.[257]
One would suppose that this act of July 15 should close the chapter; that
it recognized Georgia as a state, and that henceforth all peculiar
relations between Georgia and the federal government were at an end. The
Georgia Radicals were able to avoid this conclusion. In a message to the
legislature on July 18 the governor said that according to the act of
March 2, 1867, the federal military power was to remain until the state
was not only entitled to representation but actually represented in
Congress. Section 5 of that act contained this language:
Public-domain text, read in full here on John Shaqi.
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