When ... any one of said rebel states shall have [fulfilled all
requirements], said state shall be declared entitled to
representation in Congress, and Senators and Representatives shall be
admitted therefrom ... and then and thereafter the preceding sections
of this act shall be inoperative in said state.
Hence, the military authority, said Bullock, would continue in Georgia
until the following December. But he informed the legislature that it
might proceed with legislation, since Terry had informed him that he would
allow it.[258]
The Radicals in the legislature took advantage of the theory announced by
the governor to make one last attempt at prolongation of power. On July 26
a resolution was offered in the upper house to this effect: That the
authority of the United States was still paramount in Georgia; that no
offence ought to be offered to Congress by an apparent denial of this
fact; that therefore no election should be held in the state until
Congress had fully recognized its statehood by receiving its
representatives.[259] On July 29 the senate adopted a resolution similar
to this, but the lower house rejected it by a few votes.[260] With the
failure of this attempt, the Reconstruction Acts ceased to operate in
Georgia, either in fact or in any one's theory.
At the next session of Congress a delegation from Georgia composed of men
elected in December, 1870, was seated in the House of Representatives.[261]
In the Senate, Farrow and Whitely, elected by the legislature in February,
1870, presented credentials. They were referred to the judiciary
committee, which reported adversely. It recommended that Hill, elected in
1868, be seated, and reported that Miller, elected with Hill, would be
entitled to a seat except that he was unable to take the Test Oath
required of members of Congress by the act of July 2, 1862.[262] Since
this committee had decided in January, 1869, that the Georgia legislature
was not legally organized in 1868, and in March, 1870, that its
organization in January of that year was also illegal, and since therefore
the election of Hill and Miller and that of Farrow and Whitely were both
illegal, the committee had to decide the question: To which of these
illegal elections ought we to give _de facto_ validity? It decided in
favor of the earlier one on grounds of equity. The Senate adopted the
committee's opinion. The Test Oath act was suspended in favor of Miller by
a special act of Congress, and he and Hill were sworn in, in February,
1871.[263]
Thus, after federal intervention had been imposed in 1865 and apparently
withdrawn in the same year, again imposed in 1867 and again apparently
withdrawn in 1868, and yet again imposed in 1869, it was now withdrawn for
the last time, and Georgia was completely restored to statehood.
CHAPTER IX
RECONSTRUCTION AND THE STATE GOVERNMENT
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