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+Project Gutenberg's The Reconstruction of Georgia, by Edwin C. Woolley
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Reconstruction of Georgia
+       Studies in History, Economics and Public Law, Vol. 13, No. 3, 1901
+
+Author: Edwin C. Woolley
+
+Release Date: March 12, 2011 [EBook #35559]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE RECONSTRUCTION OF GEORGIA ***
+
+
+
+
+Produced by Bryan Ness and the Online Distributed
+Proofreading Team at http://www.pgdp.net (This file was
+produced from images generously made available by The
+Internet Archive.)
+
+
+
+
+
+
+
+
+
+3
+
+THE RECONSTRUCTION OF GEORGIA
+
+
+
+
+  STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
+
+  EDITED BY THE FACULTY OF POLITICAL SCIENCE OF
+  COLUMBIA UNIVERSITY
+
+  VOLUME XIII]      [NUMBER 3
+
+
+  THE RECONSTRUCTION OF GEORGIA
+
+
+  BY EDWIN C. WOOLLEY, Ph.D.
+
+
+  New York
+  THE COLUMBIA UNIVERSITY PRESS
+  THE MACMILLAN COMPANY, AGENTS
+  LONDON: P. S. KING & SON
+  1901
+
+
+
+
+TABLE OF CONTENTS
+
+
+                                                              PAGE
+
+  CHAPTER I
+    Presidential Reconstruction                                  9
+
+  CHAPTER II
+    The Johnson Government                                      16
+
+  CHAPTER III
+    Congress and the Johnson Governments--The Reconstruction
+    Acts of 1867                                                24
+
+  CHAPTER IV
+    The Administrations of Pope and Meade                       38
+
+  CHAPTER V
+    The Supposed Restoration of 1868                            49
+
+  CHAPTER VI
+    The Expulsion of the Negroes from the Legislature and
+    the Uses to which this Event was applied                    56
+
+  CHAPTER VII
+    Congressional Action Regarding Georgia from December,
+    1868, to December, 1869                                     63
+
+  CHAPTER VIII
+    The Execution of the Act of December 22, 1869, and the
+    Final Restoration                                           72
+
+  CHAPTER IX
+    Reconstruction and the State Government                     87
+
+  CHAPTER X
+    Conclusion                                                 109
+
+    Bibliography                                               111
+
+
+
+
+LIST OF ABBREVIATIONS
+
+
+A. A. C. = American Annual Cyclopaedia.
+
+B. A. = Address of Bullock to the people of Georgia, a pamphlet dated
+1872.
+
+B. L. = Letter from Bullock to the chairman of the Ku Klux Committee,
+published in Atlanta in 1871.
+
+C. G. = Congressional Globe.
+
+C. R. = Report of the State Comptroller.
+
+E. D. = United States Executive Documents.
+
+E. M. = Executive Minutes (of Georgia).
+
+G. O. D. S. = General Orders issued in the Department of the South.
+
+G. O. H. = General Orders issued from the headquarters of the army.
+
+G. O. M. D. G. = General Orders issued in the Military District of
+Georgia.
+
+G. O. T. M. D. = General Orders issued in the Third Military District.
+
+H. J. = Journal of the Georgia House of Representatives.
+
+H. M. D. = United States House Miscellaneous Documents.
+
+J. C., 1865 = Journal of the Georgia Constitutional Convention of 1865.
+
+J. C., 1867-8 = Journal of the Georgia Constitutional Convention of
+1867-8.
+
+K. K. R. = Ku Klux Report (Report of the Joint Committee of Congress on
+the Conditions in the Late Insurrectionary States, submitted at the 2d
+session of the 42d Congress, 1872).
+
+M. C. U. = Milledgeville _Confederate Union_.
+
+M. F. U. = Milledgeville _Federal Union_.
+
+R. C. = Reports of Committees of the United States House of
+Representatives.
+
+R. S. W. = Report of the Secretary of War.
+
+S. D. = United States Senate Documents.
+
+S. J. = Journal of the Georgia Senate.
+
+S. L. = Session Laws of Georgia.
+
+S. R. = United States Senate Reports.
+
+S. O. M. D. G. = Special Orders issued in the Military District of
+Georgia.
+
+S. O. T. M. D. = Special Orders issued in the Third Military District.
+
+U. S. L. = United States Statutes at Large.
+
+
+
+
+CHAPTER I
+
+PRESIDENTIAL RECONSTRUCTION
+
+
+The question, what political disposition should be made of the Confederate
+States after the destruction of their military power, began to be
+prominent in public discussion in December, 1863. It was then that
+President Lincoln announced his policy upon the subject, which was to
+restore each state to its former position in the Union as soon as
+one-tenth of its population had taken the oath of allegiance prescribed in
+his amnesty proclamation and had organized a state government pledged to
+abolish slavery. This policy Lincoln applied to those states which were
+subdued by the federal forces during his administration, viz., Tennessee,
+Arkansas and Louisiana. When the remaining states of the Confederacy
+surrendered in 1865, President Johnson applied the same policy, with some
+modifications, to each of them (except Virginia, where he simply
+recognized the Pierpont government).
+
+Before this policy was put into operation, however, an effort was made by
+some of the leaders of the Confederacy to secure the restoration of those
+states to the Union without the reconstruction and the pledge required by
+the President. After the surrender of Lee's army (April 9, 1865), General
+J. E. Johnston, acting under the authority of Jefferson Davis and with the
+advice of Breckenridge, the Confederate Secretary of War, and Reagan, the
+Confederate Postmaster General, proposed to General Sherman the surrender
+of all the Confederate armies then in existence on certain conditions.
+Among these was the condition that the executive of the United States
+should recognize the lately hostile state governments upon the renewal by
+their officers of their oath of allegiance to the federal Constitution,
+and that the people of the states so recognized should be guaranteed, so
+far as this lay in the power of the executive, their political rights as
+defined by the federal Constitution. Sherman signed a convention with
+Johnston agreeing to these terms, on April 18. That he intended by the
+agreement to commit the federal government to any permanent policy is
+doubtful. But when the convention was communicated for ratification to his
+superiors at headquarters, they showed the most decided opposition to
+granting the terms proposed even temporarily. The convention was
+emphatically disavowed, and on April 26 Sherman had to content himself
+with the surrender of Johnston's army only, agreed to on purely military
+terms.[1]
+
+Georgia formed a part of the district under the command of General
+Johnston. As soon, therefore, as the news of the surrender could reach
+that state, hostilities there ceased. On May 3, Governor Brown issued a
+summons for a meeting of the state legislature to take place on May 22, in
+order that measures might be taken "to prevent anarchy, restore and
+preserve order, and save what [could be saved] of liberty and
+civilization."[2] At a time of general consternation, when military
+operations had displaced local government and closed the courts in many
+places, when the whole population was in want[3] through the devastation
+of the war or through the collapse of the Confederate currency which
+followed the collapse of the Confederate army,[4] the need of such
+measures was apparent.
+
+The calling of the legislature incurred the disapproval of the federal
+authorities for two reasons. First, they regarded it as an attempt to
+prepare for further hostilities, and they accordingly arrested Brown,
+carried him to Washington, and put him in prison.[5] Second, in any case,
+as the disavowal of the convention of April 18 had shown, they did not
+intend to allow the state governments of the South to resume their regular
+activities at once, and accordingly the commander of the Department of the
+South issued orders on May 15, declaring void the proclamation of Joseph
+E. Brown, "styling himself Governor of Georgia," and forbidding obedience
+thereto.[6]
+
+The federal army now took control of the entire state government.
+Detachments were stationed in all the principal towns and county seats,
+and the commanders sometimes removed the civil officers and appointed
+others, sometimes allowed them to remain, subject to their direction.
+Military orders were issued regarding a wide range of civil affairs, such
+as school administration, sanitary provisions, the regulation of trade,
+the fixing of prices at which commodities should be sold, etc.[7] The
+provost marshal's courts were further useful, to some extent, as
+substitutes for the state courts, whose operations were largely
+interrupted.[8] Directions to the officers of the Department admonished
+them that "the military authority should sustain, not assume the functions
+of, civil authority," except when the latter course was necessary to
+preserve the peace.[9] This admonition from headquarters, issued after the
+President's plan for reinstating Georgia in the Union had been put into
+operation, reflects his desire for a quick restoration of normal
+government.
+
+President Johnson announced his policy toward the seceded states in his
+proclamation of May 29, 1865, regarding North Carolina. By it a
+provisional governor was appointed for that state, with the duty of making
+the necessary arrangements for the meeting of a constitutional convention,
+to be composed of and elected by men who had taken the oath of allegiance
+prescribed by, the President's amnesty proclamation of the same date, and
+who were qualified voters according to the laws of the state in force
+before the war. The proclamation did not state what the President would
+require of the convention, but we may mention by way of anticipation that
+his requirements were the revocation of the ordinance of secession, the
+construction of a new state government in place of the rebel government,
+the repudiation of the rebel debt, and the abolition of slavery within the
+state. The provisional governor was further authorized to do whatever was
+"necessary and proper to enable [the] loyal people of the state of North
+Carolina to restore said state to its constitutional relations to the
+federal government."[10]
+
+For each of the states subdued in 1865, except Virginia, a provisional
+governor was appointed by a similar proclamation. On June 17, James
+Johnson, a citizen of Georgia, was appointed to the position in that
+state.[11] On July 13th, he issued a proclamation providing for the
+election of the convention. Delegates were distributed on the basis of the
+legislature of 1860; the first Wednesday in October was set for the
+election, and the fourth Wednesday in the same month for the meeting of
+the convention.[12] Next, the provisional governor undertook the task of
+securing popular support to the programme of restoration. To encourage
+subscription to the amnesty oath (a prerequisite to voting for delegates
+to the convention) he removed the disagreeable necessity of taking it
+before the military authorities by directing the ordinary and the clerk of
+the Superior Court of each county to administer it.[13] He made many
+speeches throughout the state urging the citizens to take the amnesty
+oath, to enter earnestly into the election of the convention, and to
+submit quietly to the conditions imposed by the President.
+
+His efforts were very successful. This was partly due to the place he held
+in public estimation. He was a lawyer widely known and universally
+respected. It was also partly due to the attitude of Governor Brown.
+Brown, after a confinement of several weeks in prison at Washington,
+secured an interview with President Johnson, and satisfied the President
+that his object in calling the legislature was simply public relief, that
+he had no intention to prolong the war, but calmly submitted to the fact
+that his side was defeated.[14] This explanation and the spirit displayed
+were so satisfactory to Johnson that Brown was released, and permitted to
+return to Georgia. His return, remarked Johnson, "can be turned to good
+account. He will at once go to work and do all he can in restoring the
+state."[15] This prediction proved correct. The war governor of Georgia
+became the type of those Secessionists who practised and counseled quiet
+acceptance of the terms imposed by the conqueror, as the most sensible and
+advantageous course. On June 29th he issued an address to the people of
+Georgia, resigning the governorship, and advising acquiescence in the
+abolition of slavery and active participation in the reorganization of the
+state government according to the President's wishes.[16] The assumption
+of this attitude by Brown grieved and offended some of his fellow
+Secessionists. But the majority shared his opinion. The provisional
+governor was welcomed, and his speeches approved on all sides.[17] The
+result was that the convention which met on October 25th was a body
+distinguished for the reputation and ability of its members.
+
+The convention was called to order by the provisional governor, and chose
+as permanent chairman Herschel V. Johnson.[18] Then a message from the
+provisional governor was read, suggesting certain measures of finance and
+other state business requiring immediate action, suggesting also certain
+alterations in the state judiciary, but especially pointing out the chief
+objects of the convention, viz., the passage of those acts requisite for
+the restoration of the state.[19] These measures the convention quickly
+proceeded to pass. On October 26th it repealed the ordinance of secession
+and the ordinance ratifying the Confederate constitution;[20] by paragraph
+20 of article I. of the new constitution it abolished slavery in the
+state; and on November 8th, the last day of the session, it declared the
+state debt contracted to aid the Confederacy void.[21] The convention
+provided for a general state election on the following November 15th, and
+to expedite complete restoration, anticipated the regular work of the
+legislature by creating congressional districts, in order that Georgia's
+representatives might be chosen at that election.[22]
+
+One thing now remained to be done before the President would withdraw
+federal power and leave the state to its own government, viz.,
+ratification of the Thirteenth Amendment. The legislature elected on
+November 15th assembled on December 4th.[23] The provisional governor,
+according to the President's directions,[24] laid the Thirteenth Amendment
+before it. The Amendment was ratified on December 9th.[25] After this the
+provisional governor was relieved, the governor elect was inaugurated
+(December 14th), and the President sent a courteous message of recognition
+to the latter.[26]
+
+Thus the President, having reconstructed the state government, had
+restored Georgia to statehood so far as its internal government was
+concerned. There remained only the admission of its representatives to
+Congress to complete the restoration.
+
+
+
+
+CHAPTER II
+
+THE JOHNSON GOVERNMENT
+
+
+From the conduct of the state governments formed in Georgia and the other
+southern states under the direction of President Johnson, the public
+opinion of the North drew conclusions regarding three things; the
+disposition of the people represented by those governments toward the
+emancipated slaves, their attitude toward the cause for which they had
+fought, and their feeling toward the power which had subdued them. This
+chapter treats the Johnson government of Georgia from the same points of
+view.
+
+Whatever may have been the prevailing disposition of the white people
+toward the slaves while slavery flourished, shortly before the close of
+the war that disposition was characterized by benevolence and gratitude.
+In spite of the opportunities of escape, and of plunder and other
+violence, offered by the times, the slaves had acted with singular
+faithfulness and devotion.[27] The gratitude of their masters even went so
+far as to propose plans for the general education of the negroes.[28]
+
+The close of the war and the advent of emancipation produced a change in
+the conduct of the negroes, which in time produced a change in the
+attitude of the white people. The negroes, from the talk which they heard
+and did not understand, and from their ignorant imaginations, conceived
+strange ideas of emancipation. They supposed it meant governmental
+bounty, idleness, and wealth. They abandoned their work, wandered about
+the country, collected in towns--in short, manifested a general
+restlessness and demoralization. This caused alarm and apprehension among
+the white people. There were other causes of friction between the two
+races. Many negroes, on discovering that they were free, assumed what are
+known as "airs;" and then as now, among things intolerable to a southern
+white man a "sassy nigger" held a curious pre-eminence. The airs of the
+negro and the wrath of the white man were both augmented by officious
+members of the Freedmen's Bureau. Moreover, because the negroes had gained
+by the humiliation of the South, they received a share of the venom of
+defeat. Another element of discord was furnished by a particular part of
+the white population, the so-called poor whites. These saw in the new
+_protégés_ of the United States not only a rival laboring class, but a
+menace to their social position, and hence assumed an attitude of jealousy
+and hatred. Such were the conditions favorable to social disturbance which
+followed emancipation. In the latter part of 1865 they had already begun
+to produce their natural result. Violent encounters between negroes and
+white men (in which the latter were almost always the aggressors) were
+noticeably frequent.[29]
+
+To this social demoralization was added economic distress and perplexity.
+The devastation of the war had fallen with especial severity upon Georgia.
+Worse still, the people seemed unable to repair the damage or to return to
+productive activity. Planters seemed unable to adapt themselves to the new
+economic conditions. Slavery, the system which they understood, was gone;
+they used the new system with little success, all the less because of the
+restlessness of the negroes.
+
+Such were the conditions and dangers with which the Johnson government had
+to deal as it best could. It was believed by northern statesmen that the
+situation would be mastered by enfranchising the negroes and investing
+them with a citizenship exactly equal to that of white persons.[30] The
+Georgia constitution of 1865 made it clear that the Georgia law-makers
+were not disciples of that school. That constitution confined the
+electoral franchise to "free white male citizens."[31] It ordered the
+legislature at its first session "to provide by law for the government of
+free persons of color," for "guarding them and the state against any evil
+that may arise from their sudden emancipation," and "for the regulation of
+their transactions with citizens;" also "to create county courts with
+jurisdiction in criminal cases excepted from the exclusive jurisdiction of
+the Superior [county] Court, and in civil cases whereto free persons of
+color may be parties," and to make rules "prescribing in what cases their
+testimony shall be admitted in the courts."[32]
+
+The legislation enacted in 1866 in the interest of the public peace and
+order consisted of--
+
+1. An apprentice law. By this it was made the duty of the judges of the
+county courts to bind out minors whose parents were dead or unable to
+support them as apprentices until the age of twenty-one. A master
+receiving an apprentice under this law was to teach him a trade, furnish
+him food, clothes, and medicine, teach him habits of industry, honesty,
+and morality, teach him to read the English language, and govern him with
+humanity. On default of any of these requirements a master was to be
+fined. The judge having charge of this law might, on application from an
+apprentice or an apprentice's friend, dissolve the contract on account of
+cruelty on the part of the master. An apprentice at the end of his term
+was entitled to an allowance from the master "with which to begin life."
+The amount was left to the master's generosity, but if he offered less
+than $100 the apprentice might complain to the court, which should then
+fix the amount.[33]
+
+2. A vagrancy law. Vagrancy was defined in the usual language of our
+criminal codes. The penalty was heavier than these usually provide,
+because the need of suppressing the vice was more urgent than usual. A
+vagrant might be fined or imprisoned at the discretion of the court, or
+sentenced to labor on the public works for not more than one year; or he
+might, at the discretion of the court "be bound out to some person for a
+time not more than one year, upon such valuable consideration as the court
+may prescribe."[34]
+
+3. Alterations in the penal laws. These alterations were of two
+contrasting kinds. The penalty for burglary in the night, arson, horse
+stealing and rape was changed from long imprisonment[35] to death,[36]
+which, however, might be in every case commuted to life imprisonment.[37]
+On the other hand, several hundred crimes, including all the species of
+larceny except that mentioned above, were reduced from felonies to
+misdemeanors, and the penalties from imprisonment in the penitentiary to
+fine, imprisonment in the county jail, or whipping, at the discretion of
+the court.[38] This mitigation of punishment was made in consideration of
+the negroes' ignorance of the nature of their offences, due to the fact
+that these had before been punished by their masters and not by the law.
+Probably the capacity of the penitentiary was also considered.
+
+To facilitate the transition from the old labor system to the new by
+remedying in some degree the instability of the labor supply, the
+legislature made it a crime to employ any servant during the term for
+which he had contracted to work for another, or to induce a servant to
+quit the service of an employer before the close of the period contracted
+for.[39]
+
+Regarding the civil rights and relations of the negroes the following
+legislation was passed:
+
+1. A law in these words:
+
+     That persons of color shall have the right to make and enforce
+     contracts; to sue, be sued; to be parties and give evidence; to
+     inherit; to purchase, lease, sell, hold and convey real and personal
+     property; and to have full and equal benefit of all laws and
+     proceedings for the security of person and estate; and shall not be
+     subject to any other or different punishment, pain or penalty for the
+     commission of any act or offence than such as are prescribed for
+     white persons committing like acts or offences.[40]
+
+2. A provision, implied in the law above quoted, that negroes were to be
+held competent witnesses in all courts in cases, civil or criminal,
+whereto persons of color should be parties.[41]
+
+3. Certain provisions for establishing among the negroes the regular
+relations between husband and wife, parent and child, in place of the
+irregular relations which had prevailed under slavery.[42]
+
+4. The prohibition of marriage between negroes and white persons.[43]
+
+This last provision, and also the exclusion of the testimony of negroes
+from cases whereto a colored person was not party, are of social rather
+than legal importance, since their effect was to separate the two races,
+but not to deprive the negroes of the equal protection and benefit of the
+law. They were like the school law, which provided that only "free white
+inhabitants of the state" were entitled to instruction in the public
+schools.[44]
+
+The Johnson government thus assigned to the negroes a position of
+political incapacity, social inferiority, but equality of civil rights.
+This plan was very remote from that in favor in the North, but it is not
+thereby condemned. As to the measures of the Johnson government for
+remedying industrial distress and guarding against social dangers, we
+search them in vain for the inhuman harshness to the negroes which they
+were reputed to embody. This legislation of Georgia was more favorable to
+the negroes than that of the other Johnson governments. But the North
+looked at the conquered South as a whole, and if the difference of the
+laws of Georgia from those of other states was noticed, it was quickly
+forgotten. To northern public opinion the scheme for the treatment of the
+negroes embodied in the Georgia laws, even if its mildness had been
+recognized, would have been a cause of indignation. This was the
+consummate hour of a humanitarian enthusiasm sprung from forty years of
+anti-slavery agitation, and now intensified by the passions of the war. In
+such an hour a plan which frankly denied to the negroes political and
+social equality was looked upon as an offence against justice and
+humanity. The Georgia law-makers had sought for a plan to meet immediate
+necessities, not a plan for the elevation of the black race. To demand
+that Georgia, stricken and menaced as she was, should pass by the needs of
+the present and enter upon a vague scheme of philanthropy, was
+unreasonable. It was just as unreasonable to conclude from the course
+which Georgia took, that the black race in Georgia would be forever held
+down, or that positive encouragement would be withheld as time went on.
+Nevertheless the public opinion of the North made this demand and drew
+these conclusions.
+
+Having stated the attitude of the Johnson government to the emancipated
+slave, we next come to its attitude toward the fallen Confederacy and
+toward the federal government. And with reference to this subject the
+following facts are to be noticed:
+
+1. Almost the first act of the constitutional convention was to vote a
+memorial to the President in behalf of Jefferson Davis.[45]
+
+2. The convention, instead of declaring that the ordinance of secession
+was an act of illegality and error, and was null and void, laconically
+declared it "repealed."[46]
+
+3. The convention anticipated the function of the legislature in order to
+provide pensions for the wounded Confederate soldiers and for widows of
+the dead.[47]
+
+Through the legislature Georgia showed herself equally frank in expressing
+affection and regret for the lost cause, and equally wanting in an
+attitude of humility to the federal government--or at least to the
+dominant party in Congress. On the recommendation of the governor she
+rejected the Fourteenth Amendment by an almost unanimous vote, largely
+because of the disabilities it imposed on the leaders of the
+Confederacy.[48] Instead of remaining a humbly silent spectator of the
+controversy between the President and Congress, she boldly thanked the
+President for his "regard for the constitutional rights of states," and
+for "the determined will that says to a still hostile faction of her
+recent foes, 'Thus far shalt thou go and no farther. Peace, be
+still.'"[49] She continued to provide for the unfortunate champions of
+the Confederacy, characterizing this action as "a holy and patriotic
+duty."[50] She extended expressions of "sincerest condolence and warmest
+sympathy" to the illustrious state prisoner, Jefferson Davis, declaring
+that her "warmest affections cluster[ed] around the fallen chief of a once
+dear but now abandoned cause."[51]
+
+These acts and resolutions expressed through the government the spirit
+which was found among the people by direct observers--a spirit of
+submission to irresistible force, in some cases sullen, in most cases
+unrepentant.[52] At that time the absence of that spirit would have been
+extraordinary. But the public opinion of the North regarded it not as the
+aftermath of war, which would soon pass, but as a spirit which, if left
+undisciplined, would break out in another war.
+
+This belief, and the belief that the negroes were destined by the southern
+governments to suffer injustice and debasement, and that the ballot was
+their only salvation, gave rise to two corresponding purposes--to chasten
+the rebellious spirit of the South, and to invest the negroes with the
+voting franchise by force. To destroy the state governments of the South
+and rebuild them on a basis of negro suffrage would accomplish both these
+purposes. This plan was also supported for the sake of a third purpose,
+viz., to secure for the Republican party the votes of the negroes. There
+were thus three classes of men bent on abolishing the Johnson government.
+We may call them the Disciplinarians, the Humanitarians, and the
+Republican Politicians.
+
+
+
+
+CHAPTER III
+
+CONGRESSIONAL DELIBERATIONS AND ACTIONS CONCERNING THE JOHNSON
+GOVERNMENTS, ENDING IN THE RECONSTRUCTION ACTS OF 1867
+
+
+When Congress met on December 4, 1865, President Johnson informed it of
+the measures he had taken for restoring the southern states and of the
+conditions he had required as necessary to restoration. He emphasized the
+requirement that the Thirteenth Amendment be ratified (which, as stated in
+Chapter I, was complied with in Georgia five days later).
+
+     It is not too much to ask [he said], in the name of the whole people,
+     that, on the one side, the plan of restoration shall proceed in
+     conformity with a willingness to cast the disorders of the past into
+     oblivion; and that, on the other, the evidence of sincerity in the
+     future maintenance of the Union shall be put beyond any doubt by the
+     ratification of the proposed amendment.... The amendment to the
+     Constitution being adopted, it would remain for the states ... to
+     resume their places in the two branches of the national
+     legislature.[53]
+
+That Congress was not entirely pleased with the President's course; that
+it did not agree with him considering the adoption of the Thirteenth
+Amendment, the most that could be asked of the southern states, and that
+it did not intend to give effect to his last suggestion, soon became
+apparent. In the Senate, on the day on which the President's message was
+read, Sumner offered resolutions to the effect that before the southern
+states should be admitted to representation in Congress they must
+enfranchise "all citizens," establish systems of education open to negroes
+equally with white people, and choose loyal persons for state and
+national offices.[54] The resolutions concluded: "That the states cannot
+be precipitated back to political power and independence, but they must
+wait until these conditions are in all respects fulfilled."[55]
+
+The House of Representatives, after organizing, immediately proposed to
+the Senate a joint committee to "inquire into the condition of the states
+which formed the so-called Confederate States of America, and report
+whether they, or any of them, are entitled to be represented in either
+house of Congress." The Senate accepted the proposal, and on December 13
+the committee was formed.[56]
+
+Five months passed before the committee reported. During that interval
+Congress took no action determining the question at issue. A vast number
+of bills and resolutions was introduced proposing various modes of
+treatment for the southern states and various theories regarding their
+status, which are interesting to the historian, but all of which fell by
+the way. The Freedmen's Bureau Bill, if it had become law during this
+period, would have implied that in the opinion of Congress the late
+Confederate States were simply territory of the United States and not
+states in the Union.[57] But this bill failed to be repassed over the
+President's veto.[58] The Civil Rights Bill, which became law on April 9,
+1866, made it a crime to discriminate against any person on account of his
+race or color under the alleged authority of any state law or custom, gave
+the federal judicial authorities power to arrest and punish any person
+guilty of this offense, and also gave the federal courts jurisdiction
+over any case before a state court in which such discrimination was
+attempted.[59] This law created entirely new relations between federal and
+state authority, but since it was passed as an act to enforce the
+Thirteenth Amendment,[60] and applied to all states alike, it committed
+Congress to no declaration regarding the status of the southern states.
+
+The joint committee made its long-expected report on April 30, 1866.[61] A
+great number of witnesses had been examined regarding conditions in the
+South, whose testimony fills a large volume and purports to be the basis
+of the committee's report. The committee thought that since the Johnson
+governments had been set up under the military authority of the President
+and were merely instruments through which he had exercised that power in
+governing conquered territory, they were not regular state governments.
+This belief was confirmed by the fact that the existing state
+constitutions had been framed by conventions acting under the constant
+direction of the President, and also by the fact that they had not been
+submitted to the people for adoption. The Johnson governments then were
+not state governments at all, and so could not send representatives to
+Congress.
+
+The committee appealed less to this constitutional argument than to
+arguments of policy. It was willing to grant the "profitless abstraction"
+that the southern states still remained states. The people of those states
+had waged war on the United States. Though subdued, they were defiant,
+disloyal, and abusive. They showed no disposition to abate their hatred
+for the Union or their affection for the Confederacy. To accord to such a
+people entire independence, taking no measures for security from future
+danger; to admit their representatives to Congress; to allow conquered
+enemies "to participate in making laws for their conquerors;" to turn over
+to the custody of recent enemies the treasury, the army, the whole
+administration--this would be madness unexampled.
+
+For these reasons the committee recommended a joint resolution and two
+bills. The resolution proposed an amendment to the Constitution forbidding
+any state to abridge the civil rights of citizens of the United States, or
+to deny to any person the equal protection of the laws, providing that a
+state which withheld the electoral franchise from negroes should suffer a
+deduction from its Congressional representation, and providing that until
+1870 all adherents to the Confederacy should be excluded from voting for
+members of Congress and for Presidential electors. The first of the two
+bills was to enact "that whenever the above recited amendment [should]
+have become a part of the Constitution of the United States, and any state
+lately in insurrection [should] have ratified the same, and [should] have
+modified its constitution and laws in accordance therewith," then its
+representatives might be admitted to Congress. The second bill was to make
+ineligible to office under the United States men who had been prominent in
+the service of the Confederacy.
+
+A minority of the committee took issue with the majority on both its legal
+and its political views. The states under consideration, said the
+minority, had never gone out of the Union; therefore, being states of the
+Union, Congress could not lawfully deprive them of their rights as states.
+That the Johnson governments were only the machinery of military
+occupation, set up by the conquering general, was denied.
+
+     We know [said the minority report] that [the southern states] have
+     governments completely organized, with legislative, executive, and
+     judicial functions. We know that they are now in successful
+     operation; no one within their limits questions their legality, or is
+     denied their protection. How they were formed, under what auspices
+     they were formed, are inquiries with which Congress has no concern.
+
+A state is under no restriction as to the mode of altering its
+constitution; if it chooses to receive assistance from the President, or
+any one else, the validity of the amended constitution is not affected.
+
+To the statement of the majority regarding the disposition of the southern
+people, the minority opposed the high authority of General Grant. In an
+official report he had said:
+
+     I am satisfied that the mass of thinking men of the South accept the
+     present situation of affairs in good faith.... [They] are in earnest
+     in wishing to do what they think is required by the government ...
+     and if such a course was pointed out they would pursue it in good
+     faith.
+
+The right way in which to deal with the southern people was, then, to
+conciliate them, as the President had tried to do, not to perpetuate their
+hostility.
+
+If Congress adopted the program recommended by the majority, said the
+minority, it would repudiate its own solemn declaration made in 1861,
+
+     that this war is not waged upon our part in any spirit of oppression,
+     nor purpose of overthrowing or interfering with the rights or
+     established institutions of those states, but to defend and maintain
+     the supremacy of the Constitution, and to preserve the Union, with
+     all the dignity, equality, and rights of the several states
+     unimpaired.[62]
+
+The proposed provisions regarding ineligibility would dishonor the
+government by annulling the pardons granted by the President. Further, the
+program contradicted itself, since it proposed to treat the southern
+communities as states, in submitting a constitutional amendment to them,
+while at the same time imposing on them conditions to which a state could
+not lawfully be subjected.
+
+After a debate of which these two opposing reports are a convenient
+summary, Congress adopted the program of the committee. The joint
+resolution, changed into a form embodying the present Fourteenth
+Amendment, was passed on June 13, 1866.[63] The two bills proposed were
+taken up, but Congress adjourned without bringing them to a final vote,
+leaving the South to be regulated during the recess by the Civil Rights
+Act, and by an act, passed over the President's veto on July 16, embodying
+in a less drastic form the provisions of the Freedmen's Bureau Bill which
+had failed in February.[64]
+
+When Congress met in December, 1866, the same voluminous mass of
+reconstruction proposals and declaratory resolutions appeared in both
+houses as at the last session. But the denunciation of the President and
+of the Johnson governments was more emphatic in these bills and
+resolutions, as well as in the debates. Sumner proposed a resolution to
+this effect:
+
+     That all proceedings with a view to reconstruction originating in
+     executive power are in the nature of usurpation; that this usurpation
+     becomes especially offensive when it sets aside the fundamental
+     truths of our institutions; that it is shocking to common sense when
+     it undertakes to derive new governments from the hostile populations
+     which have just been engaged in armed rebellion, and that all
+     governments having such origin are necessarily illegal and void.[65]
+
+Another resolution proposed that the committee of the House on territories
+be instructed to take steps for organizing the districts known as
+Virginia, North Carolina, etc., into states. Cullom said in a speech:
+
+     During the last session of this Congress we sent to the country a
+     proposed amendment to the Constitution.... The people of the rebel
+     states by their pretended legislatures are treating it with scorn and
+     contempt.... It is time, sir, that the people of the states were
+     informed in language not to be misunderstood that the people who
+     saved this country are going to reconstruct it in their own way, the
+     opposition of rebels to the contrary notwithstanding.[66]
+
+Another fact which appeared prominently in the speeches and resolutions of
+this session was the growing fear, real or assumed, that freedmen and
+loyal persons in the South were in mortal danger. Bills for their
+protection were introduced by the dozen.
+
+     Shall we shut our eyes [said a speaker] to the abuse and murders of
+     loyal men in the South, and the continued destruction of their
+     property by wicked men, and give them no means of protection?[67]
+
+Stevens exclaimed that the United States would be disgraced
+
+     unless Congress proceed[ed] at once to do something to protect these
+     people from the barbarians who [were] daily murdering them; who
+     [were] murdering the loyal whites daily, and daily putting into
+     secret graves not only hundreds but thousands of the colored
+     people.[68]
+
+At first the lower house resumed its consideration of the bills
+recommended at the last session by the joint committee. But early in
+February, 1867, these were dropped in favor of a new bill. This was the
+Reconstruction Bill which became law on March 2. It provided that the
+South should be divided into five districts, each to comprise the
+territory of one or more of the southern states. The President should
+assign to each district a military officer not below the rank of
+brigadier-general, and should detail for his use a sufficient military
+force. The duties of these officers should be "to protect all persons in
+their rights of person and property, to suppress insurrection, disorder
+and violence, and to punish, or cause to be punished, disturbers of the
+public peace and criminals." To this end they might either allow local
+courts to exercise their usual jurisdiction or organize special military
+courts, for the procedure of which a few general regulations were provided
+in the bill. Until the states should be by law restored to the Union, the
+governments existing in them were declared "provisional only, and in all
+respects subject to the paramount authority of the United States, at any
+time to abolish, modify, control or suspend the same."
+
+In section 5 of this bill were stated the conditions upon which the
+southern states might regain their places in the Union. In each of them a
+constitutional convention should be elected. For members of this
+convention all male "citizens" of the voting age should vote, except those
+excluded from office by the pending Fourteenth Amendment. These were
+forbidden to sit in the convention or to vote for delegates. The
+convention thus formed should frame a new constitution, which should give
+the franchise to all persons qualified to vote for delegates by the
+present bill. The constitution should be submitted to the people of the
+state for ratification, and to Congress for approval. When these should
+have been received, and when the legislature elected under the new
+constitution should have ratified the Fourteenth Amendment, then Congress
+should pass an act admitting the reconstructed state to Congressional
+representation, and the present law should cease to operate in that
+state.[69]
+
+The principle of this bill was the same as that of the reconstruction
+measures first undertaken at the suggestion of the joint committee, namely
+the punishment of an enemy. The debate in the House was opened by a
+felicitous quotation from Vattel on the public law applicable to the case
+of a conquered enemy.[70] The punishment here provided was, however, more
+severe than that first proposed. The former program was designed to offer
+to the states the alternative of adopting the Fourteenth Amendment or
+remaining out of the Union and under the Freedman's Bureau--which was,
+indeed, regarded as a very obnoxious alternative. But the present bill
+required them not only to ratify the amendment, but to adopt new
+constitutions, elect new governments, enfranchise the negroes, and
+disfranchise their most prominent and respected citizens; and meanwhile
+imposed upon them not simply a bureau, to interfere in individual cases,
+but the virtually absolute rule of a military governor.
+
+This bill was passed over Johnson's veto on March 2, 1867. On March 23 a
+supplementary act was passed, providing means for executing section 5 of
+the preceding act. The initiative in calling the constitutional
+conventions, instead of being left to the states, to be exercised or not,
+as they chose, was now assigned to the military governor. He, with the
+assistance of such boards of registry as he might create, was directed to
+register all persons qualified to vote for delegates. He should then fix
+the number of delegates and arrange the plan of representation, set the
+day for election and summon the convention.[71]
+
+A third reconstruction act was passed on July 19, 1867. It is unnecessary
+to discuss it, since it was only explanatory of the acts of March 2 and
+23, and added nothing which needs mention here to their provisions.[72]
+
+       *       *       *       *       *
+
+Were the Reconstruction Acts constitutional? Since the Supreme Court has
+failed, either voluntarily or otherwise, to decide every case brought
+before it depending upon this question,[73] reasoning is not rendered idle
+by authority. The Supreme Court has indeed expressed a definite opinion on
+the subject, but has given no decision.
+
+The opinion referred to was expressed in the case of Texas _versus_
+White.[74] The Court said:
+
+     These new relations [namely, those created by the civil war] imposed
+     new duties upon the United States. The first was that of suppressing
+     the rebellion. The next was that of re-establishing the broken
+     relations of the states with the Union. The authority for the
+     performance of the first had been found in the power to suppress
+     insurrection and to carry on war; for the performance of the second,
+     authority was derived from the obligation of the United States to
+     guarantee to every state a republican form of government.
+
+This the Court considered good authority for the passage of the
+Reconstruction Acts. Most of the advocates of the acts based them upon
+this theory.
+
+Now, upon that clause of Article IV., Section 4, of the Constitution which
+says: "The United States shall guarantee to every state in this Union a
+republican form of government," the _Federalist_ remarks:
+
+     It may possibly be asked whether [this clause] may not become a
+     pretext for alterations in the state governments without the
+     concurrence of the states themselves.... But the authority extends no
+     further than to a _guarantee_ [the _Federalist's_ italics] of a
+     republican form of government, which supposes a pre-existing
+     government of the form which is to be guaranteed.[75]
+
+The intention of the clause, says the _Federalist_ in the same paper, is
+simply to guard "against aristocratic or monarchic innovations." To one
+not interested in establishing the constitutionality of the Reconstruction
+Acts, it seems indisputable that the clause is rightly interpreted by the
+_Federalist_. Story accepts this interpretation as a matter of course.[76]
+Cooley groups the clause with that which forbids the states to grant
+titles of nobility.[77] If this interpretation is correct, then the
+guarantee clause gives no authority for destroying a state government of a
+republican form and substituting another.
+
+There is, however, a constitutional basis for the Reconstruction Acts. It
+is the war power of Congress.
+
+If a section of the people of a stale rebel against the government, the
+resulting contest is not a war, in the sense of international law. But as
+it may assume the physical character of a war, so it may call into
+existence the rights and customs incident to war. Upon this principle the
+federal government acquired the rights of war in the contest of
+1861-1865.[78] Now the rights of war do not end with military operations;
+one of these rights is the right of the victorious party, after an
+unconditional surrender, to occupy the territory of the defeated party, to
+govern or punish the people as it sees fit. If the United States
+government acquired the rights of war, this right was included. The close
+of a war is not simultaneous with the cessation of fighting. The surrender
+of the southern armies was an important incident in the civil war; it was
+not the end. If the federal government had the rights of war before this
+incident, it had them after.
+
+The United States government might therefore say to the persons composing
+the military power which it had subdued: As the terms of war, you are to
+be governed by military government. If the persons against whom this
+sentence is assumed to have been pronounced formed the majority of the
+population of a state, one result of the sentence would be to suspend
+independent state government. The United States government might choose
+another punishment. It might say to the lately hostile persons: We forbid
+you to participate in the federal government. If the persons so sentenced
+form the majority of the population of a state, that state can send no
+representatives to Congress while the sentence remains. These sentences
+might be imposed permanently or only until such time as the people
+sentenced should fulfil certain demands--hold certain conventions, pass
+certain laws, adopt certain resolutions in certain ways. The federal
+government can thus effect through its war powers what it cannot effect
+through any power to interfere directly with a state government. It had no
+right to reconstruct the government of Maine in 1865, because Maine had no
+body of people over whom the federal government could exercise war powers.
+It had the right to reconstruct the government of Georgia, because
+nine-tenths of the people of Georgia were lawfully at its mercy as a
+conqueror.
+
+Even if it be admitted, however, that the federal government had the power
+described, it may still be argued that the Reconstruction Acts are not
+legally justified. A conqueror has a right to govern a conquered people as
+he pleases and as long as he pleases; he also has a right to alter his
+mode of treatment and substitute another mode. But after he has imposed
+certain terms as final, after the requirements of these terms have been
+complied with, after he has restored the conquered people to their normal
+position and rights and has unmistakably terminated the relation of
+conqueror to conquered--then his rights of war are at an end. It may be
+argued that this was the case when the Reconstruction Acts were passed. It
+may be argued that in December, 1865, the federal government had, through
+the President, terminated its capacity as a conqueror, and could regain
+that capacity only by another war; that after that termination it had no
+more power to reconstruct Georgia than to reconstruct Maine.
+
+This argument is irrefutable if we assume that the President had full
+power to act for the federal government in the disposition of the defeated
+Secessionists, and that therefore his acts of 1865 were the acts of the
+federal government. In case of an international war, which is closed by a
+treaty, the President may (if supported by the Senate) act finally for the
+federal government, and estop that government (so far as international law
+is concerned) from further action. But at the close of a civil war he
+cannot exercise his diplomatic power. The disposition of the defeated
+people in this case falls to the legislative branch of the government.
+
+If the President had pardoned a great majority of the Secessionists, that
+fact perhaps might have legally estopped Congress from passing the
+Reconstruction Acts. These acts were a war punishment, and a pardon cuts
+off further punishment.[79] But the total number of persons who received
+amnesty under the proclamation of May 29, 1865, was 13,596,[80] which was
+of course only a small fraction of the Secessionist population.
+
+The passage of the Reconstruction Acts may thus be regarded, from a legal
+point of view, as simply the substitution of one method of treating the
+defeated enemy for another. The change was from mildness to harshness. It
+was doubly bitter to the defeated enemy, after he had been led to believe
+that his punishment was over, to be subjected to a worse one. But these
+are not legal considerations.
+
+That the Reconstruction Acts required communities not states to ratify a
+constitutional amendment did not affect their legality. That an amendment
+depended for its validity on such ratification might make the amendment
+void (though even from this result there is a means of escape in the
+theory of relation, to be mentioned later), but that would not affect the
+act requiring the ratification. That this requirement was not made with
+the exclusive purpose of obtaining votes for the passage of the amendment
+is shown by a resolution introduced into the House of Representatives on
+July 21, 1867, which reads:
+
+     _Resolved_, That in ratifying amendments to the Constitution of the
+     United States ... the said several states ... are wholly incapable
+     either of accepting or rejecting any such amendment so as to bind the
+     loyal states of the Union, ... and that when any amendment ... shall
+     be adopted by three-fourths of the states recognized by the Congress
+     as lawfully entitled to do so, ... the same shall become thereby a
+     part of the Constitution.[81]
+
+What virtues the Reconstruction Acts had besides legal regularity will be
+discussed later.
+
+
+
+
+CHAPTER IV
+
+THE ADMINISTRATIONS OF POPE AND MEADE
+
+
+In the Third Military District, of which Georgia was a part, the
+Reconstruction Acts were administered from April 1, 1867, to January 6,
+1868, by General Pope, and from January 6 to July 30, 1868, by General
+Meade.[82] The present chapter will describe, first, the manner in which
+these men conducted the political rebuilding of Georgia, and second, the
+manner in which they governed during this process.
+
+On April 8 Pope issued his first orders regarding the registration of
+voters. The three officers commanding respectively in the sub-districts of
+Georgia, Florida and Alabama were directed to divide the territory under
+them into registration districts, and for each of these to appoint a board
+of registry consisting as far as possible of civilians.[83] On May 2 the
+scheme of districts for Georgia was published. The state was divided into
+forty-four districts of three counties each, and three districts of a city
+each. For each district the names of two white registrars were announced,
+and each of these pairs was ordered to complete the board by selecting a
+negro colleague. The compensation of registrars was to be from fifteen
+cents to forty cents for every name registered, varying according to the
+density or sparseness of the population. It was made the duty of
+registrars to explain to those unused to the enjoyment of suffrage the
+nature of this function. After the lists were complete they were to be
+published for ten days.[84]
+
+The unsettled condition of the negro population suggested to Pope the
+possibility that many negroes would lose their right to vote by change of
+residence. He therefore ordered on August 15 that persons removing from
+the district where they were registered should be furnished by the board
+of registry with a certificate of registration, which should entitle them
+to vote anywhere in the state.[85]
+
+The election for deciding whether a constitutional convention should be
+held, and for choosing delegates in case the affirmative vote prevailed,
+was ordered to begin on October 29 and to continue three days. Registrars
+were ordered to revise their lists during the fortnight preceding the
+election, to erase names wrongly registered, and to add the names of
+persons entitled to be registered. The boards of registry were to act as
+judges of election, but registrars who were candidates for election were
+forbidden to serve in the districts where they sought election.[86]
+
+The election was to occupy the last three days of October. On October 30
+Pope extended the time to the night of November 2, in order to give the
+negroes ample opportunity to vote, which in their inexperience they might
+otherwise fail to do.[87]
+
+After the election the following figures were announced:[88]
+
+  Number of registered voters in Georgia      188,647
+  Of these the negroes numbered                93,457
+       "   the white men[89]                   95,214
+  Number of votes polled                      106,410
+    "       "     for a convention            102,283
+    "       "     against a convention          4,127
+
+The delegates elected were ordered to meet in convention on December
+9th.[90] On that day the convention met in Atlanta. Its business was not
+completed until the middle of March in the following year. The
+constitution which it framed more than met the demands of the
+Reconstruction Acts. A single citizenship was established for all
+residents of the state, in language borrowed from the Fourteenth Amendment
+to the federal Constitution.[91] Legislation on the subject of social
+status of citizens was forever prohibited.[92] The electoral right was
+given to all male persons born or naturalized in the United States who
+should have resided six months in Georgia.[93] Electors were privileged
+from arrest (except for treason, felony or breach of the peace) for five
+days before, during, and for two days after, elections, and the
+legislature was ordered to provide such other means for the protection of
+electors as might be necessary.[94] Other provisions presumably acceptable
+to northern sentiment were the prohibition of whipping as a penalty for
+crime,[95] and the command that the legislature should create a system of
+public schools free to all children of the state.[96]
+
+By an ordinance of the convention, made valid by being embodied in
+military orders, April 20, 1868, was appointed for the submission of the
+new constitution to popular vote, and also for the election of members of
+Congress and officers of the new state government.[97] This election
+resulted in the adoption of the constitution by a majority of 17,699
+votes, and in the election of a governor (Rufus B. Bullock by name), a
+legislature, and a full delegation to the lower house of Congress.[98] The
+remaining requirement of the Reconstruction Acts was that the new
+legislature convene and ratify the Fourteenth Amendment. This transaction
+will be reserved for the next chapter.
+
+       *       *       *       *       *
+
+General Pope was inspired by the ideas and emotions from which
+reconstruction had sprung. He was an ardent friend of the reconstruction
+measures. He was convinced of the importance of suppressing the old
+political leaders in his district. He held with enthusiasm the optimistic
+views prevalent in the North regarding the negroes. Their recent progress
+in "education and knowledge," he said, was "marvellous," and if continued,
+in five years the intelligence of the community would shift to the colored
+portion.[99] The purport of his orders, the didactic style in which they
+are couched, the declarations of his principles which frequently accompany
+these orders, indicate the spirit in which he administered the office of
+military governor.
+
+Most of the official acts of Pope concerned either the enforcement of
+obedience and the suppression of disobedience to the letter and spirit of
+the Reconstruction Acts, or the protection and promotion of the present
+interests of the freedmen.
+
+In assuming command he announced that in the absence of special orders all
+persons holding office under the state government would be permitted to
+retain their positions until the expiration of their terms. Their
+successors, however, were to be appointed by Pope alone; no elections
+should be held in the state except those required by Congress. The general
+expressed the hope that no necessity for interference in the regular
+operation of the state government would arise. It could arise, he said,
+only from the failure of state tribunals to do equal justice to all
+persons.[100] A few weeks later he announced that this necessity would
+also arise if any state officer interfered with or opposed the
+reconstruction measures; such an officer, it was "distinctly announced,"
+would be deposed.[101] Governor Jenkins, on April 10, had issued a letter
+to the public, advising them to abstain from registering and voting under
+the Reconstruction Acts. Pope had excused him with a lecture, and then
+issued the order referred to, to make clear that no more advice of that
+sort from state officers would be permitted.[102] Opposition to
+reconstruction by state officers was declared to include also the awarding
+of state printing to newspapers which opposed reconstruction, and it was
+ordered that thereafter the state's patronage should be given only to
+loyal papers.[103] Another measure to the same end was the order that no
+state court should entertain any action against any person for any acts
+done under the military authority.[104] But while opposition by state
+officers was thus dealt with, freedom of public opinion was emphatically
+declared. The declaration accompanied a public reprimand administered to
+the post commander at Mobile for interference with a newspaper.[105]
+
+The careful consideration for the needs of the freedmen shown in the
+general's method of forming the boards of registry, in his instructions to
+the registrars, in his provision of certificates of registration to
+migrating citizens, and in his extension of the time of election, has been
+pointed out. Of a similar character was the warning to employers that any
+attempt to prevent laborers from voting, or to influence their votes by
+docking wages, threats, or any other means, would be severely dealt
+with.[106]
+
+In his first general orders, as we have said, Pope warned the judiciary
+against racial prejudice. It was probably disregard of this warning which
+caused the removal of about a dozen judges, justices of the peace, and
+sheriffs.[107] In the interest of equal justice, Pope also ordered that
+grand and petit jurors should be selected impartially from the lists of
+voters registered under the Reconstruction Acts.[108] Besides this general
+protection, individual relief was given by release from arrest, mitigation
+of the conditions of confinement, reduction of fines, and other special
+dispensations.[109] The method of securing justice mentioned in the Act of
+March 2, 1867, namely by ordering the trial of cases by military
+commissions, was employed by Pope only once.[110]
+
+Such was the administration of Pope. Its influence on the _personnel_ of
+the state government was large, but was exercised only slightly through
+removal, chiefly through appointment to fill vacancies. Pope removed about
+fifteen state officers (almost all of whom were the judicial officers
+mentioned in the preceding paragraph). He filled about two hundred
+vacancies.[111] It is significant that a great number of these were caused
+by resignation. His acts of interference with the action of state officers
+were few, and with all his zeal for the success of reconstruction, he
+favored freedom of speech. Nevertheless, his opinions and his personal
+character, combined with such interference as he did practice, served to
+gain for him the dislike of the people and the rather unjust reputation of
+a petty tyrant.
+
+Though Meade lacked Pope's zealous enthusiasm for reconstruction, yet he
+held much the same opinion as his predecessor regarding the duties with
+which he was charged. Like Pope, he forbade the bestowal of public
+patronage on anti-reconstruction newspapers.[112] Like Pope, he thought
+it his duty to depose state officers who opposed the execution of the
+Reconstruction Acts. When he assumed command he found the convention at
+loggerheads with the governor and the state treasurer. The convention had
+levied a tax to pay its expenses, and pending the collection of it had
+directed the treasurer to advance forty thousand dollars.[113] The
+treasurer (Jones by name) declined to do this except on a warrant from the
+governor, according to the regular practice. Meade requested Jenkins to
+issue the warrant. Jenkins refused, on the ground that the act would
+violate the state constitution under which he held office, and that even
+if it were authorized by the Reconstruction Acts (which he denied), that
+was an authorization contrary to the Constitution of the United States,
+upon which he would not act.[114] Thereupon, on January 13, 1868, Meade
+issued an order by which the governor (designated as the "provisional
+governor") and the treasurer (also designated as "provisional") were
+removed and Brigadier-General Ruger and Captain Rockwell "detailed" to act
+as governor and treasurer respectively.[115] For this act the convention
+rewarded Meade with a resolution of gratitude.[116] Before the end of the
+same month the state comptroller and the secretary of state were also
+removed for obstructing reconstruction,[117] and later the mayor and the
+entire board of aldermen of Columbus shared the same fate.[118]
+
+Toward the freedmen General Meade assumed the attitude of his predecessor.
+He made similar rules to protect them, in voting, from coercion by
+employers.[119] On the other hand, observing that too frequent enticement
+of negroes to political meetings was disturbing industry, he announced
+that interference of this sort with the rights of employers by political
+agitators would meet with the same punishment as interference with the
+rights of freedmen.[120]
+
+Besides following the two policies of suppressing resistance and
+protecting freedmen, Meade used his power to a great extent simply in the
+interest of the general welfare. Public peace and order seemed threatened
+on the eve of the April election. Orders issued on April 4 expressed the
+belief that there existed a concerted plan, extending widely through the
+Third District and apparently emanating from a secret organization, to
+overawe the population and affect elections. Both military and civil
+officers were ordered to arrest publishers of incendiary articles and to
+organize special patrols.[121] Troops were distributed so as to command
+the parts chiefly in danger,[122] and the frequent resignation of office
+by sheriffs occasioned the order that no more resignations would be
+permitted, but that the sheriffs must retain their offices and execute the
+law.[123] By way of benevolent despotism, Meade, at the request of the
+convention, suspended the operation of the bail process and of the writ of
+_capias satisfaciendum_, and promulgated the provisions of the new
+constitution for the relief of debtors until the constitution should
+become law.[124] Likewise he gave special orders in eight or ten cases
+suspending trails, releasing prisoners, and otherwise preventing hardship
+or failure of justice. Whereas Pope had convened one military court, Meade
+convened six,[125] and before these thirty two cases were tried. Meade
+appointed about seventy state officers and removed about twenty.
+
+These facts show that the two administrations we are considering were
+alike in policy, and that in action Meade's was the more vigorous.
+Nevertheless, while Pope was disliked, Meade, thanks to a more attractive
+character, enjoyed a certain popularity.
+
+       *       *       *       *       *
+
+Such was the process by which the Disciplinarians, the Humanitarians, and
+the Republican Politicians hoped to gain their respective purposes. What
+were the results of the process by the end of the administration of Meade?
+
+For the Disciplinarians they were not encouraging. Military government was
+received not as discipline but as bullying. The spirit which
+reconstruction was designed to quell was only embittered; for to those who
+entertained it reconstruction was not the chastening of the nation, but
+the domineering of a political party, which it was hoped and believed
+would soon lose its ascendency.[126]
+
+For the Humanitarians reconstruction had produced written laws regarding
+equality of civil and political rights, which were deemed a subject of
+congratulation. Outside the laws they would have found less encouragement.
+The kindness of the white people toward the negroes had been changed to
+apprehension by the events of 1865. When the advent of negro suffrage
+brought the carpet-baggers to the South to marshal the negro voters for
+their own benefit, and when these men began to disturb the negroes by
+organizing them into mysterious Union Leagues and giving them
+indigestible ideas of their rights, apprehension became alarm. Negroes
+seized property of all kinds--including even plantations--by violence,
+supposing this to be one of their new rights. Already they had raised a
+new terror by crimes against white women, hitherto unknown. Some
+thoughtful men believed that the best defence against the dangers
+apprehended from the disturbed black population was kindness and friendly
+influence.[127] That opinion was not heard after the arrival of the
+carpet-baggers; its methods were then seen to be inadequate. Secret
+organizations were formed by white men for protection against the negroes.
+These organizations, which sowed the seed of a subsequent harvest of
+crime, at first included men of the best character and of the highest
+standing.[128] Thus reconstruction, together with its written laws, had
+produced conditions which made the net Humanitarian results doubtful, at
+least for the moment.
+
+For the Republican Politicians reconstruction did not produce in Georgia
+all that was to be desired. When the enterprise was first launched some of
+the white men, though offended, favored accepting the inevitable and
+endeavoring to elect good men to the constitutional convention and to the
+new state government.[129] Others, carried further by their anger,
+determined to take no part in elevating the negroes and debasing their
+heroes. Prominent among these, as we have said, was Governor Jenkins.
+These men stayed at home on October 29, 1867, contemptuously ignoring the
+"bogus concern called an election," which occurred on that day.[130] Many
+of these latter, by the time the "motley crew assembled at Atlanta" had
+finished its labors, decided to follow the example of the former. A
+convention met at Macon on December 5, 1867, formed a party, the Georgia
+Conservatives, named a ticket, with John B. Gordon at the head, and began
+a powerful campaign for the defeat of negroes and adventurers at the April
+election.[131] To make an active fight was recognized as a better course
+than to stand in ineffectual scorn.[132] As a result the sweeping victory
+expected by the Republican Politicians did not occur in Georgia. A
+Republican governor was elected; but in the state senate the seats were
+equally divided between the Republicans and the Conservatives, in the
+state house of representatives the Conservatives obtained a large
+majority, and of the seven Congressmen elected three were
+Conservatives.[133]
+
+
+
+
+CHAPTER V
+
+THE SUPPOSED RESTORATION OF 1868
+
+
+The passage of the Reconstruction Acts of 1867 determined the course of
+reconstruction, but did not stop discussion. When Congress met in
+December, 1867, the acts passed continued to be attacked and defended and
+new bills to be introduced and dropped. But the plan as adopted remained
+untouched, with one exception.
+
+One of the reasons given by the joint committee on reconstruction for
+abolishing the Johnson governments was that the Johnson constitutions had
+not been ratified by popular vote, and therefore did not rest upon the
+consent of a majority of the people. To avoid a like defect in the new
+governments the act of March 23 had provided that the new constitutions
+should be regarded as adopted only if a majority of the registered voters
+took part in the vote on the question of adoption. At its next session
+Congress repented of this provision; it was now seen to involve the risk
+that the opponents of reconstruction in the southern states would defeat
+the new constitutions by the plan of inaction. This risk should be
+avoided, since the adoption of a state constitution probably meant the
+election of a Republican state government, and hence of Republican
+Senators, as well as Republican Congressional Representatives and
+Republican Presidential Electors in November, 1868. These advantages would
+be lost if the new constitutions were defeated. Therefore, by an act which
+became law on March 11, 1868, the reconstruction legislation was amended
+so as to provide that elections held under that legislation should be
+decided by a majority of the votes cast. This act also adopted as part of
+the general scheme two expedients already employed by Pope in the Third
+District. That is to say, it provided that any registered voter might vote
+in any election district in his state, provided he had lived there ten
+days, and that the elections should be "continued from day to day."[134]
+
+Aside from these alterations, Congress allowed reconstruction to complete
+its course according to the first plan. Within the first six months of
+1868 North Carolina, South Carolina, Louisiana and Florida, besides
+Georgia, had adopted new constitutions. According to the Act of March 2,
+1867, two more steps would complete the process for these states; namely,
+the ratification by their legislatures of the Fourteenth Amendment, and
+the declaration "by law" (provided Congress approved the constitutions)
+that they were entitled to representation in Congress.[135] Congress now
+decided, instead of waiting for the ratification of the amendment, to pass
+the declaratory law at once, which should operate as soon as the
+ratification should have occurred. By this method one act would suffice
+for all the states which had adopted constitutions.
+
+The bill for this purpose was called the Omnibus Bill. It provided that
+North Carolina, South Carolina, Georgia, Florida, Louisiana, and also
+Alabama,[136] should be admitted to representation in Congress as soon as
+their legislatures elected under the new constitution should have ratified
+the Fourteenth Amendment, on condition that the provisions of that
+amendment regarding eligibility to office should at once go into
+operation in those states, and on condition that the constitution of none
+of them should ever be amended so as to deprive of the right to vote any
+citizens entitled to that right as the constitutions then stood. A special
+condition was imposed on Georgia; namely, that Article V., section 17, §§
+1 and 3 of her constitution be declared void by the legislature. A
+precedent for such a requirement was found in the act of 1821, admitting
+Missouri to statehood.[137] The bill gave the governors-elect in the
+states concerned authority to call the legislatures immediately to fulfill
+the required conditions.[138]
+
+The Omnibus Bill became law on June 25, 1868. On the same day Rufus B.
+Bullock, the governor-elect of Georgia, issued a proclamation in
+accordance with the act, summoning the legislature to meet on July
+4th.[139]
+
+Now, the Reconstruction Act of July 10th, 1867, had provided as follows:
+
+     All persons hereafter elected or appointed to office in said military
+     districts, under any so-called state or municipal authority, or by
+     detail or appointment of the district commanders, shall be required
+     to take ... the oath of office prescribed by law for officers of the
+     United States.[140]
+
+On April 15th Meade had announced that in accordance with this provision
+the members of the legislature to be elected on April 20th would be
+required to subscribe to the Test Oath. But he was later advised from
+headquarters, and by certain prominent members of Congress, that the
+persons contemplated by the act of July 19, 1867, were those elected under
+the Johnson government, not under the new government; and that therefore
+the men elected on April 20th were not "officers elected under any
+so-called state authority" in the sense of the act of July 19th. The
+eligibility of these men, he was told, was to be determined by the
+provisions of the new constitution and by the Fourteenth Amendment, and
+they were not required to take the Test Oath.[142] Meade therefore did not
+enforce his order. But though the new government was exempt from this one
+requirement of the Reconstruction Acts, it was subject to the provision
+which said:
+
+     ... until the people of said rebel states shall be by law admitted to
+     representation in the Congress of the United States, any civil
+     government which may exist therein shall be deemed provisional only,
+     and in all respects subject to the paramount authority of the United
+     States.
+
+Over the new state government, as over the old, Meade would exercise the
+powers of a district commander until the legislature by complying with the
+requirements of the Omnibus Act, should have made that act operative.
+
+On June 28 Meade relieved General Ruger of the office of governor and
+appointed in his place the governor-elect, Bullock, whom he directed to
+organize the legislature on July 4.[143] When the legislature met on that
+day, therefore, Bullock called each house to order in turn, and under his
+direction as chairman the members were sworn in (by the official oath
+prescribed in the state constitution), and the presiding officers elected.
+
+On July 7 the legislature informed the governor that it was organized and
+ready to proceed to business. Bullock, instead of replying, wrote to
+Meade, stating that it was alleged that a number of men seated in the
+legislature were ineligible to office according to the proposed Fourteenth
+Amendment, and hence were disqualified from holding their seats by the
+Omnibus Act.[144] Meade replied on July 8 that the allegation was serious,
+and that he would not recognize as valid any act of the legislature until
+satisfactory evidence should be presented that the legislature contained
+no member who would be disqualified from office by the Fourteenth
+Amendment.[145] Bullock sent Meade's letter to the legislature, and both
+houses appointed committees to investigate the eligibility of every
+member. These committees reported on July 17. The senate committee
+reported that no senators were ineligible. A minority of the committee
+found, on evidence detailed in its report, that four were ineligible.
+After much debate the majority report was adopted.[146] The house
+committee reported that two representatives were ineligible. A minority
+report found three ineligible. A second minority report found that none
+were ineligible. The last was adopted.[147]
+
+The conclusions of the two houses may be regarded, in view of these
+proceedings, with some just suspicion. Bullock in informing Meade of them
+expressed the opinion that the legislature had failed to furnish the
+"satisfactory evidence" upon which Meade had conditioned his
+recognition.[148] If Meade had desired to know the exact truth, he might
+well have accepted Bullock's advice and ignored the reports, investigated
+the records of the legislators himself, and excluded those whom he found
+ineligible. But Meade desired only to see that the acts of Congress were
+complied with. "Satisfactory evidence" was evidence not logically, but
+formally satisfactory. Meade followed the established principle that
+legislative bodies are the final judges of the eligibility of their
+members. He considered the statement of the legislature that its members
+were all eligible formally satisfactory evidence that the acts of Congress
+were obeyed. Having this evidence, he refused to interfere further. His
+decision was influenced partly by reluctance to interfere more than was
+necessary, and partly by aversion to aiding Bullock to gain a party
+advantage, which he alleged to be the governor's chief motive in urging
+the rejection of the reports.[149] He acted with the approval of the
+general of the army.[150]
+
+He notified the governor that the legislature was legally organized from
+the date of the adoption of the reports (July 17).[151] Bullock
+transmitted this message to the legislature on July 21. On that day both
+houses ratified the Fourteenth Amendment and declared void the sections of
+the constitution required to be so declared by the Omnibus Act.[152]
+
+As soon as the legislature had performed these acts Georgia was,
+presumably, according to the acts of Congress, a state of the Union. On
+July 22 Meade directed all state officers holding by military appointment
+to turn over their offices to those elected or appointed under the new
+government.[153] On July 28 orders issued from the headquarters of the
+army stating that the general commanding in the Third Military District
+had ceased to exercise authority under the Reconstruction Acts, and that
+Georgia, Florida and Alabama no longer constituted a military district,
+but should henceforth constitute an ordinary military circumscription--the
+Department of the South.[154] On July 22 Bullock, who had up to that time
+been governor by military appointment, was inaugurated in the regular
+manner and became governor under the state constitution.[155] On July 25,
+the seven congressmen-elect from Georgia were seated in the House of
+Representatives.[156] The Georgia Senators would doubtless have been
+seated at this time if they had arrived before the close of the session;
+but they were elected by the legislature on July 29,[157] two days after
+Congress adjourned.[158] In view of Georgia's compliance with the
+Reconstruction Acts and the Omnibus Act, and in view of the various
+official recognitions that that compliance was complete, there could now
+be no doubt that her reconstruction was accomplished and her statehood
+regained.
+
+
+
+
+CHAPTER VI
+
+THE EXPULSION OF THE NEGROES FROM THE LEGISLATURE AND THE USES TO WHICH
+THIS EVENT WAS APPLIED
+
+
+When the Georgia Republicans, or Radicals, as they were locally called,
+found that instead of a sweeping victory they had won only a governorship
+hemmed in by a hostile legislature, an effort was made, as we have said,
+to improve their position through the interference of Meade. Meade refused
+to aid them. When, a short time afterwards, federal power, on which they
+had hitherto relied, was completely withdrawn, they seemed left to make
+the best of an uncomfortable position without any assistance. At this
+point a god appeared from the machine.
+
+In the state senate there were three negroes, in the lower house
+twenty-five.[159] Their presence was an offense. It was an offense not
+merely to the Conservative members. Some of the Republicans entertained
+Conservative sentiments and principles, but supported reconstruction
+simply in order to hasten the liberation of the state from Congressional
+interference.[160] To them as well as to the Conservatives "negro rule"
+was obnoxious. Negro rule, so far as it consisted in negro suffrage, was
+established by the constitution. But negro office-holding was not so
+established expressly. As early as July 25, 1868, the question, whether
+negroes were eligible to the legislature, was raised in the state
+senate.[161]
+
+Legally considered, the question had two sides, each supported by eminent
+lawyers. For the negroes it was argued that Irwin's Code, which was made
+part of the law of the state by the constitution,[162] enumerated among
+the rights of citizens the right to hold office.[163] Negroes were made
+citizens of equal rights with all other citizens by the new
+constitution.[164] Therefore they had the right to hold office. It was
+true that the constitution did not grant the right to hold office to the
+negroes expressly, as it granted the right to vote; but in view of the
+fact that the convention which made the constitution was elected by 25,000
+white and 85,000 colored men, and that that constitution was adopted by
+35,000 white and 70,000 colored men, it would be absurd to suppose that
+the intent of that instrument was to withhold office from the
+negroes.[165] On the other side, it was argued that the right to hold
+office did not belong to every citizen, but only to such citizens as the
+law specially designated, or to such as possessed it by common law or
+custom. Irwin's Code could not be cited to prove that negroes had the
+right, because that law had been enacted before the negroes had been made
+citizens, and the word _citizens_ in it referred to those who were
+citizens at that time. As the negro had no right to hold office because he
+was a citizen, and as he could not claim the right from common law or
+custom, he could obtain it only by specific grant of law. There was no
+such grant. The argument for the negro was made by the Supreme Court of
+the state in 1869, the opposing argument by one of the justices of that
+court in a dissenting opinion.[166]
+
+Such were the legal aspects of the question, which were of course less
+important than the political and the emotional aspects. The legislature
+passed upon the issue in the early part of September, 1868, by declaring
+all the colored members ineligible, and admitting to the vacated seats the
+candidates who had received respectively the next highest number of
+votes.[167] If there was some legal ground for unseating the negroes,
+there was none for seating the minority candidates. It was done on the
+authority of the clause in Irwin's Code which said:
+
+     If at any popular election to fill any office the person elected is
+     ineligible, ... the person having the next highest number of votes,
+     who is eligible, whenever a plurality elects, shall be declared
+     elected.[168]
+
+But this clause is found under the title "Of the Executive Department,"
+and under the sub-head "Regulations as to All Executive Offices and
+Officers." Under the next title "Of the Legislative Department," there is
+no such provision.
+
+For a legislature to unseat some of the elected members because on not
+untenable legal grounds it finds them ineligible, is not unusual. But the
+act of the Georgia legislature could not, under the circumstances, be
+regarded in the ordinary way. It showed strong racial prejudice. It was a
+startling breach of the system which reconstruction had been designed to
+institute, committed the very moment after the federal government withdrew
+its hand. It fixed on Georgia at once the earnest and unfavorable
+attention of northern public opinion. This fact enabled the Georgia
+Republicans to bring the federal government again to their assistance.
+
+Their leader, Governor Bullock, at the next session of Congress (December,
+1868), presented a letter to the Senate, saying that Georgia had not yet
+been admitted to the Union. She had not been admitted by the Omnibus Act,
+for that act provided that she should be admitted when certain things had
+been done, and those things had not been done. By the Reconstruction Act
+of July 19, 1867, all persons elected in Georgia were required to take the
+Test Oath. The members of the present legislature had never taken it.
+Therefore the action which that body had taken on July 21st, regarding the
+Fourteenth Amendment, was not a ratification by a legislature formed
+according to the Reconstruction Acts; it was simply a ratification by a
+body which called itself the legislature. Hence the Omnibus Act had not
+yet gone into effect as to Georgia, and Georgia was not yet entitled to
+representation in Congress.[169]
+
+If this argument was valid in the winter of 1868, it must also have been
+valid in the preceding summer. Yet in July Bullock had made no objection
+to being inaugurated as governor of Georgia, on the ground that Georgia
+had not become a state. He had not refused on that ground to issue on
+September 10th a commission to Joshua Hill, reciting that he had been
+regularly elected to the Senate of the United States by the legislature of
+the state, and signed "Rufus B. Bullock, governor."[170] The argument was
+an afterthought, not advanced until the expulsion of the negroes created a
+favorable opportunity for a hearing. It conflicted with the declarations
+and acts of the military authorities, and of the House of Representatives,
+but the sentiment aroused by the expulsion of the negroes was considered
+strong enough to sustain a repudiation of those declarations and acts.
+
+Direct appeal to this sentiment was the auxiliary to the above argument.
+Bullock's letter to the Senate was accompanied by a memorial from a
+convention of colored men held at Macon in October. It said that there
+existed in Georgia a spirit of hatred toward the negroes and their
+friends, which resulted in the persecution, political repression,
+terrorizing, outrage and murder of the negroes, in the burning of their
+schools, and in the slander, ostracism and abuse of their teachers and
+political friends. Of this the act of the legislature was an instance and
+an evidence. The aid of the federal government was implored.[171]
+
+Similar charges had been made, it will be remembered, in the debates of
+1866 and 1867. Now, however, they began to be urged with an earnestness
+and persistence altogether new. So conspicuous is this fact in the debates
+in Congress that a southern writer ironically remarks: "From this time
+forth the entire white race of the South devoted itself to the killing of
+negroes."[172] The rest of this chapter will be devoted to considering how
+much truth there was in the reported abuse of negroes and "loyal" persons.
+
+We stated in Chapter II. that after the war a bitter jealousy and
+animosity toward the negroes arose among the lower class of the white
+population, and in Chapter IV. that the restless conduct of the negroes
+under the influences of reconstruction filled the upper class with such
+alarm that they formed secret organizations in self-defence. This
+practice, at first supported and led by good men of the higher class,
+simply for defence, soon fell into the hands of the poor white class, the
+criminal class, and the turbulent and discontented young men of all
+classes, and became an instrument of revenge, crime and oppression. The
+change, however, was not a complete transformation. A great deal of the
+whipping inflicted upon negroes was _bona fide_ chastisement for actual
+misdemeanors. This mode of punishment was the natural product of the
+transition from the old social conditions, when the negroes were
+disciplined by their masters, to the new conditions.[173] But besides
+these acts of correction many outrages were committed upon negroes, and
+also upon white men, simply from malice or vengeance, or other private
+motive.[174] These outrages included some homicides.[175] The testimony of
+credible contemporaries belonging to both political parties agrees that
+the Ku Klux Klan and similar organizations were used only to a very small
+extent for political purposes.[176]
+
+How many of these corrective or purely vicious acts were perpetrated upon
+negroes? Democrats of that time commonly said that the number was
+insignificant, that the peace was as well kept in Georgia as in any
+northern state, and that statements to the contrary were invented for
+political purposes.[177] The number was, indeed, greatly exaggerated by
+Republicans, as some of the Republicans themselves admitted.[178] Making
+allowance for the warping of the truth in both directions, and considering
+the statements of the moderate Republicans,[179] and the admissions of
+some of the Democrats,[180] remembering also the recent disbandment of the
+army and the disturbed conditions of society, we must conclude that the
+attacks on negroes, made by disguised bands and otherwise, were very
+numerous.
+
+The friends of the negroes also fared badly. Philanthropic women who came
+from the North to teach in the negro schools were almost invariably
+treated with contempt and avoided by the white people.[181] This was due
+partly to the lingering bitterness of the war and partly to the connection
+of the negro schools with the Freedmen's Bureau. This institution, the
+office of which was to set up strangers, from a recently hostile country,
+to instruct the southern people in their private affairs, was in itself
+odious. It was rendered more odious by the want of intelligence and tact,
+and even of honesty, which is said to have frequently characterized its
+officers. That the hatred thus aroused should be visited upon true
+philanthropists who were connected with the Bureau was unfortunate, but
+inevitable. As for the political friends of the negroes, the "loyal" men,
+or in other words the white men who supported reconstruction, they were
+habitually treated by the Conservative press and by Conservative speakers
+with violent invective. Conservative editors and orators neither engaged
+in nor recommended the slaughter or outrage of Radicals, but by
+continually voicing furious sentiments, they furnished encouragement to
+action of that sort by men of less intelligence and self-control.[182]
+
+The accounts of lawlessness and persecution in Georgia, though
+exaggerated, undoubtedly had a substantial foundation. Whether this fact
+was a good argument for renewed interference in the state government by
+Congress is another question.
+
+
+
+
+CHAPTER VII
+
+CONGRESSIONAL ACTION REGARDING GEORGIA FROM DECEMBER, 1868, TO DECEMBER,
+1869
+
+
+On December 7, 1868, the credentials of Joshua Hill, one of the Senators
+elected by the Georgia legislature in the previous July, were presented in
+the United States Senate. Immediately the letter of Governor Bullock and
+the memorial of the negro convention were also presented. These documents,
+seconded by a speech from a Senator dwelling on the fact that Georgia was
+under "rebel control," secured the reference of Hill's credentials to the
+committee on the judiciary.[183] This committee on January 25, 1869,
+recommended that Hill be not admitted to the Senate.[184]
+
+The reason for this recommendation, said the committee's report, was that
+Georgia had failed to comply with the requirements of the Omnibus Act, and
+so was not yet entitled to representation in Congress. The failure here
+referred to was not that alleged by Bullock--that the members of the
+legislature had not taken the Test Oath--but the failure of the two houses
+to exclude persons disqualified by the Fourteenth Amendment. The Omnibus
+Act had provided that Georgia should be entitled to representation in
+Congress when her legislature had "_duly_" ratified the Fourteenth
+Amendment. The word _duly_ meant _in a certain manner_--namely, the manner
+required by the rest of the act. The failure to exclude the disqualified
+members was a departure from this manner.
+
+We saw in Chapter V. that each of the committees appointed by the Georgia
+legislature in July to investigate the eligibility of members was divided,
+that both houses voted that all were eligible in the face of detailed
+evidence to the contrary, that the decision of the lower house
+contradicted the majority of its committee, and that Meade accepted the
+decision rather for the sake of convenience and finality than because it
+was indisputably correct. On these facts and on some independent
+investigation the Senate judiciary committee based its belief that the
+legislature had failed to obey the Omnibus Act in this respect.
+
+Trumbull, of this committee, submitted a minority report. He admitted that
+the decision of the legislature may have been incorrect. But he protested
+that if the United States government intended to regard the presence of
+half a dozen ineligible members in a body of two hundred and nineteen as
+entirely vitiating the action of the legislature, it should have taken
+this stand at first. If at first it had, through its representative,
+Meade, overlooked the irregularity as a trifle, it seemed only just to
+continue to overlook it, and not to make it now the occasion for
+augmenting the turmoil in the state by fresh interference.
+
+But the majority rejoined that there were very good reasons for not
+overlooking the irregularity. It was not a mere trifling departure from
+the letter of the act of Congress, it was a violation of the spirit of
+that act. "The obvious design" of the Omnibus Act "was to prevent the new
+organization from falling under the control of enemies of the United
+States." The expulsion of the negroes showed that that design had been
+frustrated and that the government was under "rebel control;" it showed a
+"common purpose to ... resist the authority of the United States."
+Moreover, the "disorganized condition of society" in the state made it
+necessary for the federal government to intervene again in Georgia, not
+only to vindicate its law, but to preserve order.
+
+The protest of Trumbull is significant as an early sign of the growth
+within the Republican party of an opposition to the prolongation of
+Congressional interference with the southern state governments.
+
+The report of the judiciary committee was not acted upon, and thus the
+Senate avoided a categorical decision. But Hill was not admitted. A number
+of bills relating to Georgia were introduced; a bill "to carry out the
+Reconstruction Acts in Georgia" by Sumner,[185] a bill to repeal the act
+of June 25, 1868, in so far as it admitted Georgia, and to provide for a
+provisional government in that state, by Edmunds,[186] and others. All of
+these soon lapsed.
+
+Meanwhile, in the House of Representatives the committee on reconstruction
+had been instructed to examine the public affairs of Georgia and to
+inquire what measures ought to be taken regarding the representatives of
+Georgia in the House.[187] Many citizens of Georgia, black and white,
+testified before the committee.[188] Among them Governor Bullock was
+conspicuous, advocating the enforcement of the Test Oath qualification--a
+fact which aroused great indignation in the state.
+
+The doubtful position in which Georgia now hung raised the question, what
+should be done with her electoral votes in February, 1869? Congress had
+passed a joint resolution on July 20, 1868, to the effect that none of the
+states affected by the Omnibus Act should be entitled to vote in the
+Electoral College in 1869 unless at the time for choosing electors it had
+become entitled to representation in Congress.[189] As February 10, the
+day for counting the votes, approached, it was considered desirable, in
+order that the ceremony might pass off smoothly, that the Senate and the
+House should agree by a special rule what should be done with Georgia's
+votes. Now, the Senate could not agree to a rule declaring that the votes
+should be counted, for that would imply that the state had become entitled
+to representation in Congress, and the Senate had refused to admit Hill.
+But the House could not concur in declaring that the votes should not be
+counted; for that would imply that the state had not become entitled to
+representation in Congress, and the House had admitted seven
+Representatives from the state. It was therefore agreed by a concurrent
+resolution passed February 8, that at the count of the electoral votes, in
+case the Georgia votes should be found not to affect the result
+essentially (which it was well known would be the case), then the
+presiding officer should make the following announcement:
+
+     Were the votes presented as of the state of Georgia to be counted,
+     the result would be for ---- for President of the United States, --
+     votes; if not counted, for ----, for President of the United States,
+     -- votes; but in either case ---- is elected President of the United
+     States;
+
+and a similar announcement of the votes for Vice-President.[190]
+Accordingly, on February 10, amid the wildest uproar, caused by the
+blunders of a perplexed chairman and the violent protest of a group of
+Representatives, led by Butler, against the execution of the special rule,
+which had been rushed through the House without their knowledge, it was
+announced that the electoral vote was as follows:
+
+  For Grant and Colfax
+    Including Georgia's votes      214
+    Excluding Georgia's votes      214
+
+  For Seymour and Blair
+    Including Georgia's votes       80
+    Excluding Georgia's votes       71
+
+and that in either case Grant and Colfax were elected.[191]
+
+On March 5, the first day of the forty-first Congress, the House of
+Representatives was able to get rid of the Georgia Representatives on a
+technicality. The same delegation which had represented Georgia since
+July, 1868, appeared again to finish its supposed term. Their credentials
+failed to state to what Congress they had been elected, but authorized
+them to take seats in the House of Representatives according to the
+ordinance of the Georgia constitutional convention passed March 10, 1868.
+Now, this ordinance provided that all the public officers who should be
+elected on April 20 should enter on their duties as soon as authorized by
+Congress or by the general commanding the military district, but should
+continue in the same as long as they would if elected in the November
+following.[192] These Congressmen, then, were elected to serve as if
+elected in November, 1868, that is, they were elected members of the
+forty-first Congress. But they had already served several months in the
+fortieth. If they should serve through the forty-first they would exceed
+the constitutional term. The convention of Georgia could make the first
+term of all state officers longer than the regular term subsequently to
+obtain; it could not so lengthen the term of members of the Congress of
+the United States. The credentials were referred to the committee of
+elections, and the House was thus relieved of the presence of the Georgia
+representatives, which would have been an embarrassment in the subsequent
+proceedings.[193]
+
+Several bills relating to Georgia were then introduced, which, though they
+were not advanced very far, are worth noticing.[194] Their titles indicate
+the purpose "to enforce the Fourteenth Amendment." Now, the Fourteenth
+Amendment consists principally of prohibitions on states; it could not be
+enforced in Georgia unless Georgia was a state. Georgia had (it was
+assumed) admitted to her legislature men subject to the disqualifications
+of the Fourteenth Amendment, and had excluded men from the legislature on
+the ground of color, thus denying the equal protection of the laws to
+citizens. The latter act had been done after the Fourteenth Amendment went
+into effect (July 28, 1868[195]), the former before, but its effect
+continued. If Georgia was a state, then, she had violated the amendment,
+and Congress might correct these two acts by virtue of its power to
+enforce the amendment. If Georgia was not a state, she had not violated
+the Fourteenth Amendment, but her acts were subject to correction by
+Congress, because her government was "provisional only." If, therefore,
+Congress proposed to enforce the Fourteenth Amendment in Georgia, it
+acknowledged that Georgia was a state, and so debarred itself from any
+interference not necessary to enforce that Amendment. If it proposed to
+interfere simply as with a provisional government, there was no such
+limitation.
+
+The bills of the first session of the forty-first Congress proposed to
+enforce the Fourteenth Amendment. To secure the enforcement of the
+disqualification clause they provided that each member of the legislature
+should be required to take an oath saying that he was not disqualified by
+the amendment, and that those who did not so swear should be excluded. To
+secure equal rights to the colored legislators they provided that all
+persons elected to the legislature (according to General Meade's
+announcement of the result of the election of 1868) who should take the
+test oath required should be admitted, and that the expulsion of the
+negroes should be declared void. The federal military authority was to
+assist in executing these measures if requested by the governor. These
+measures, it will be observed, were only such as might legally be taken
+regarding Massachusetts if it violated the Fourteenth Amendment.
+
+At the next session of Congress, beginning in December, 1869, the policy
+of enforcing the Fourteenth Amendment was abandoned for the alternative
+policy of legislating for a provisional government. The reason for the
+change was an emergency in which the Republican Politicians found
+themselves. In the previous February Congress had passed the joint
+resolution proposing the Fifteenth Amendment. By December it seemed
+certain that the number of ratifying states would fall short of the
+required three-fourths by just one, unless Congress could prevent it.[196]
+Georgia furnished the means of preventing it. In March her legislature had
+rejected the proposed amendment.[197] It could now be forced to ratify and
+thus complete the necessary majority. Georgia must then be treated not as
+a state which had violated the Fourteenth Amendment, but as a provisional
+organization subject to the uncontrolled will of Congress. A bill was
+accordingly prepared containing the same provisions as the bills of the
+preceding session, but adding this clause: "That the legislature shall
+ratify the Fifteenth Amendment before Senators and Representatives from
+Georgia are admitted to seats in Congress." In accordance with its
+different legal basis the bill was entitled: "An act to promote the
+reconstruction of the state of Georgia."
+
+Little need be said of the manner in which this bill was passed. The
+usual partisan abuse prevailed on both sides. The Democrats made a
+remarkable opposition, led by Beck of Kentucky.[198] The Republicans were
+aided by a message from President Grant urging the intervention of
+Congress,[199] by the report of the reconstruction committee on affairs in
+Georgia,[200] and by a report from General Terry, who was stationed in the
+Department of the South, alleging that disorder was rampant in Georgia and
+the need of further military government by federal authority
+imperative.[201] Terry's superior officer, General Halleck, added a
+postscript to Terry's report to the effect that Terry was mistaken, that
+the disorder in Georgia was much less than was commonly believed, and that
+federal interference was highly inadvisable.[202] Aided by the report and
+undeterred by the postscript, the Republicans discoursed of "rebel
+control" and "murder" with unprecedented effect. Butler said that Congress
+must act instantly; if action on the bill is postponed, he said, "the rest
+of the Republican majority of that state may be murdered, even during
+Christmas week, when the Son of God came on earth to bring peace and good
+will to man."[203]
+
+The bill became law on December 22, 1869.[204] Congress thus decided at
+last to adopt the opinion of the Senate judiciary committee, that Georgia
+had not become a state through the Omnibus Act. General Meade, in
+declaring the contrary, had been mistaken. Bullock, in calling himself
+governor, had been mistaken. The House of Representatives, in admitting
+members sent from Georgia, had been mistaken; they were _de facto_
+members, but had no legal right there.[205] The legal basis of the act of
+December 22 was then the same as that of the original Reconstruction Acts.
+
+The question which had been raised in the debates on these acts--What
+legal effect could the action of a body not the legislature of a state
+have on the adoption of an amendment to the constitution?--was raised
+again here. Some of the Republicans argued that such action could have no
+effect and should not be required.[206] Under these circumstances there
+was a more earnest effort than any heretofore made to defend such a
+requirement. It was answered: True, the body which will ratify the
+amendment in Georgia will not be a state legislature at the time; but it
+will later become a state legislature, and then by relation the
+ratification will be imputed to the state legislature and will thus have
+legal effect. Relation, an operation known to private law, had been
+applied to constitutional law in several previous cases, in order to give
+to acts done by the legislatures of territories the same effect as if they
+had been done after statehood was obtained.[207] The ratification by
+Georgia would be valid by relation.[208]
+
+
+
+
+CHAPTER VIII
+
+THE EXECUTION OF THE ACT OF DECEMBER 22, 1869, AND THE FINAL RESTORATION
+
+
+Before relating the manner in which the act of December 22, 1869 (which we
+shall call the Reorganization Act), was executed, we must mention its
+provisions in more detail than we did in the last chapter. It first
+"authorized and directed" the governor by proclamation to summon
+"forthwith" all persons elected to the legislature in April, 1868,
+according to Meade's announcement of the result of the election then
+held,[209] to meet in special session "on some day certain." The act
+continued:
+
+     and thereupon the said general assembly shall proceed to perfect its
+     organization in conformity with the Constitution and laws of the
+     United States, according to the provisions of this act.
+
+When the legislature was assembled, every person claiming to be a member
+should take a test oath prescribed in the act, to the effect that he had
+never been a member of Congress or of a state legislature, nor held any
+civil office created by law for the administration of any general law of a
+state, or for the administration of justice in any state, or under the
+laws of the United States, nor served in the military or naval forces of
+the United States as an officer, and thereafter engaged in or supported
+hostilities against the United States; each person should take this oath
+or else an oath (also prescribed _verbatim_) that he had been relieved
+from disability by Congress according to section 3 of the Fourteenth
+Amendment. The exclusion on the ground of color of any person elected and
+otherwise qualified, the act declared "would be illegal and
+revolutionary," and was "prohibited." The act directed the President to
+use force in executing the act upon application from the governor.
+
+The process ordered by the act seems simple and obvious, but the general
+of the army deduced much from it not apparent on its face. This act, he
+reasoned, implies that the Georgia government is provisional, and has
+never ceased to be so since March 2, 1867. And in that case the act of
+March 2, 1867, has never ceased to operate as to Georgia, since by its own
+terms it is to remain in force in each "rebel state" until each
+respectively has been "by law admitted to representation in the congress
+of the United States." Georgia has not been so admitted, since she did not
+comply with the Omnibus Act. Therefore the Reconstruction Acts are still
+in force in Georgia, and the general orders of July 28, 1868, declaring
+the Third Military District abolished were a mistake. Accordingly those
+orders were countermanded by the general of the army on January 4, 1870,
+and General Terry, a prominent advocate, as we have seen, of the revival
+of military government in Georgia, was placed in command of the remnant of
+the Third Military District.[210]
+
+The War Department's deduction from the Reorganization Act of authority to
+institute again the system of the Reconstruction Acts came a month or two
+later under the consideration of the Senate judiciary committee, and was
+pronounced a gratuitous perversion of the act last passed. That act
+implied, to be sure, that the Georgia government was provisional; but it
+was plainly intended not to revive but to supersede the former regulations
+regarding that government. The purpose of the Reorganization Act was
+simply that the legislature should reorganize itself and ratify the
+Fifteenth Amendment. To this purpose military government had no relation.
+The Reconstruction Acts had not expired according to their own provisions
+as to Georgia, it was true, but they had been repealed by the
+Reorganization Act. This was further proved by the latter's provision that
+military force should be used "upon the application of the governor." The
+Reorganization Act, said the committee, "invokes military action in what
+it provides shall be done, and no more."[211] Unfortunately this opinion
+was delivered some time after the theory which it demolished had been in
+practical operation.
+
+Terry, having received the _rôle_ of military governor, played it as the
+true heir to the power of his great predecessors. He removed from office
+three sheriffs and a county ordinary and appointed successors.[212] He
+intervened in eight private controversies and composed them with a strong
+hand.[213] In two cases before the state courts he substituted his command
+for the regular process.[214] Still more apparent was the official
+character which he had assumed, in his conduct toward the legislature.
+Possessing the power wielded by Pope and Meade, he could issue any orders
+he pleased to that body. For this reason, and because he was in sympathy
+with them, the Georgia Republicans ardently embraced and tenaciously clung
+to the theory that he was not a mere assistant in executing the
+Reorganization Act, but a military governor under the Reconstruction Acts.
+
+On December 22, 1869, Governor Bullock issued his proclamation (which he
+signed "Rufus B. Bullock, Provisional Governor"), summoning the men
+elected to the legislature in 1868 to meet in Atlanta on January 10
+following.[215] This duty, besides that of calling on the President for
+aid if he saw fit, was the only one expressly entrusted to Bullock by the
+Reorganization Act. Another one, however, was deduced by the following
+process of reasoning: The legislature can do nothing before its members
+are qualified according to the act. Since it can do nothing, it cannot
+even organize itself. But it is the purpose of the act that the
+legislature be organized. Therefore some one else must be intended to
+organize it. This duty naturally belongs to the governor, since the
+cognate duty of convening the body is imposed on him. In accordance with
+this reasoning, Bullock appointed a temporary clerk for each house, who
+should call the house to order and preside until all the members should be
+qualified or declared disqualified, by taking or failing to take one of
+the test oaths of the Reorganization Act.[216] This appointment of Bullock
+rested not only upon the reasoning stated above, but upon the approval of
+Terry, who, whether the reasoning was correct or not, could do, or order
+to be done, to the legislature anything he chose.[217]
+
+When the legislature convened on January 10, each house was called to
+order by its temporary clerk, who proceeded to call the roll of names
+announced by Meade after the election of 1868, for the administration to
+each person of one of the required test oaths. On the same day the upper
+house completed the roll call and the swearing in of members, and effected
+a permanent organization. A Republican (Conley) was elected president by a
+large majority. On assuming the chair he delivered an oration, the spirit
+of which may be perceived from the following sentence: "The government has
+determined that in this republic, which is not, never was, and never can
+be, a democracy--that in this republic Republicans shall rule."[218]
+
+Far different was the course of events in the lower house. When that house
+assembled it found one Harris in the chair. Forgetting that his
+appointment had been indorsed by Terry and that he was, therefore, the
+virtual agent of a military governor who had the power to do anything he
+chose to the legislature, the Conservatives raised objection to his
+presiding and attempted to elect a temporary chairman in the usual way.
+This attempt precipitated a violent scene in the house, but was
+unsuccessful. Harris kept his seat and ordered the roll call for the
+swearing in of members to proceed. The names of seventy-eight persons were
+called and as many of these as were present were sworn in. At this point,
+the journal records, "the clerk _pro tem._ announced that the house would
+take a recess" until the next day. This the house did.[219] On January 11
+and 12, the same proceedings occurred, the swearing in continuing until it
+was suspended and the house adjourned by the "clerk _pro tem._"[220]
+
+Without the theory that the Reconstruction Acts were still in force these
+proceedings in the lower house would have constituted the plainest
+illegality. But if Terry was a military governor and Harris his agent,
+they were legal. Though the Senate judiciary committee later declared this
+a false interpretation of the law, yet it was the official interpretation
+of the War Department, as we saw by the order appointing Terry.[221] The
+War Department had a right to decide what the Reorganization Act, which it
+was to aid in executing, meant. Its decision, whatever its character, was
+never officially overruled. Therefore the proceedings in the legislature
+were officially regular.
+
+Before the legislature met, the Conservative papers had published an
+article by a state judge on the meaning of the first test oath of the
+Reorganization Act. It concerned especially the phrase: "any civil office
+created by law for the administration of any general law of a state." It
+was argued that there were many state offices not included in this
+phrase--among them those of mayor, alderman and state librarian. Since
+these offices were not "for the administration of any general law," but
+only for that of special or local law, former occupants of them who had
+supported the Confederacy could take the present test oath.[222] This
+construction would give an advantage to the Conservatives. To counteract
+it, Bullock applied to the attorney general for an official
+interpretation. That officer (Farrow by name) responded with a very
+reasonable opinion. He admitted that officers with merely local functions
+were not included in the phrase in question, but pointed out that many
+municipal officers had the powers of a justice of the peace. In such cases
+they were charged with the administration of general law and were included
+in the phrase. The state librarian, said Farrow, executed general law and
+was included.[223]
+
+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.
+
+On January 13, when the board of inquiry was appointed, the "clerk _pro
+tem._" of the lower house, by order of Bullock countersigned by Terry, had
+declared the house adjourned till January 17, to await the decision of the
+board.[230] On the 17th the house met and listened to the reading of two
+orders from Bullock indorsed by Terry; the one directing the state
+treasurer to issue fifty dollars to each member of the house, the other
+ordering the house to adjourn till January 19.[231] On the 19th the house
+met, and after one man had been sworn in was adjourned in the same manner
+till the 24th.[232] On the 24th it met and after two men had been sworn in
+was again adjourned by order of the governor.[233] On the morning of the
+25th it met and was adjourned till afternoon. In the afternoon it was
+adjourned as soon as it had met till the next day. To the countersignature
+of Terry in this case was added the promise that this was the last
+adjournment of the series, since the board had now rendered so much of its
+decision as related to members of the lower house. The house was therefore
+ordered to swear in, on the next day, all the remaining members elect
+except those found or confessed ineligible, and to elect its permanent
+officers.[234] On January 26 this order was complied with; the Radical
+candidate for chairman was elected by a large majority, and the
+redoubtable "clerk _pro tem._," having presided for the last time,
+retired.[235]
+
+The reorganized legislature on February 2 complied with the remaining
+requirements of the Reorganization Act by ratifying the Fifteenth
+Amendment. On the advice of Bullock it also repassed the resolutions of
+July, 1868, required by the Omnibus Act. This was not necessary to
+re-admission. It is true, the requirements of the Omnibus Act had, by the
+hypothesis of the Reorganization Act, never been "duly" fulfilled. But the
+Omnibus Act had been superseded by other legislation, which made new
+requirements and did not renew the old. The renewal of the unfulfilled
+requirements had been discussed in Congress and rejected.[236]
+Nevertheless, the resolutions were passed gratuitously.[237]
+
+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]
+
+       *       *       *       *       *
+
+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.
+
+The power here referred to was that conferred by Article III., section 1,
+of the state constitution;
+
+     The election for members of the general assembly shall begin on
+     Tuesday after the first Monday in November of every second year ...
+     but the general assembly may by law change the time of election, and
+     members shall hold until their successors are elected and qualified.
+
+The constitutional term of the present legislature (except of one-half of
+the senators, who held four years) would expire in November, 1870. But
+this section of the constitution, Butler pointed out, would enable the
+legislature to postpone the election and perpetuate its power. This grave
+danger he proposed to remove by the clause of his bill above quoted. In
+order to prevent the legislature from prolonging its tenure forever, he
+proposed, not to forbid prolongation, but to allow it for two years.
+
+     I also propose [he said] by this [clause] to give to the present
+     State officers of Georgia a two years' term of office in that state
+     as a state in this Union.
+
+That Congress should pose as the defender of the people of Georgia against
+a usurping legislature, and at the same time by the guaranty of its
+approval encourage that legislature to double its constitutional
+term--this was a conception of political genius which, independently of
+its realization, should make Butler immortal.
+
+The moderate Republicans of the House of Representatives were willing, for
+the sake of settling doubt, to pass a bill declaring Georgia restored, but
+were decidedly opposed the scheme to use the bill as a means of prolonging
+the tenure of the Georgia Radicals. An amendment to Butler's bill, known
+as the Bingham amendment, was offered, to the following effect:
+
+     ... neither shall this act be construed to extend the official tenure
+     of any officer of said state beyond the term limited by the
+     constitution thereof, dating from the election or appointment of such
+     officer.[250]
+
+The bill with this amendment passed the House by a large majority on March
+8.[251]
+
+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:
+
+     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
+
+
+In the preceding chapters we have mentioned the immediate effect of
+reconstruction upon social conditions. To its immediate effects upon
+political conditions, in other words to the character and conduct of the
+new state government, which have been mentioned only incidentally, we
+shall now give a more direct and consecutive consideration.
+
+With reference to the political reforms of reconstruction the white men of
+Georgia formed three distinct parties. There were those who favored them,
+either on their ethical and political merits or (more often) as a means of
+attaining political power otherwise unattainable. They were called
+Scalawags, Carpet-baggers and Radicals, of which terms we shall adopt the
+last. There were those unalterably opposed to them, called Rebels by their
+critics and Conservatives by themselves. There were, thirdly, those who
+supported them not upon their merits, which they doubted, but because they
+saw the state at the mercy of a conqueror and believed that, bad as the
+measures were, it was better to accept them quickly than to make a vain
+resistance, which could only prolong the social and commercial
+disturbances in the state, and which might occasion the administration of
+a still worse dose. This group embraced many of the commercial class,
+which was especially large in Georgia, and one of the men prominent in
+former politics, namely Governor Brown. They were classed by the
+Conservatives with the basest of Radicals, but we shall call them the
+Moderate Republicans. The admixture of this group with the Radical party
+had important consequences. Differing from their party in principle and
+allying themselves with it to bring peace to the state, when the peace of
+the state seemed secure, they sometimes adhered to their principles rather
+than to their party. It is true, many of them became so interested in the
+great game of politics then going on that they played it for its own sake,
+but some party splits of importance occurred.
+
+The first fruit of the policy of negro enfranchisement and rebel
+disenfranchisement was the constitutional convention of 1867-68. It was
+stated in the latter part of Chapter IV. that in the election for members
+of this convention many Conservatives declined to take part. For this
+reason the Radicals obtained a predominance in the convention which they
+did not retain in the state government after the Conservatives decided to
+fight. The convention, in fact, was extremely Radical. The constitution
+which it framed shows the thoroughness with which it entered into the
+Humanitarian reforms. The speeches and resolutions show that a close
+sympathy with the Republican party and a bitter antagonism to the
+Conservatives were entertained by most of the members. The temporary
+chairman, Foster Blodgett, in his opening speech, mentioned the
+suspicious, hostile and contemptuous attitude of the Conservatives toward
+the convention. He said:
+
+     They may stand and rail at us and strive to distract us from our
+     patriotic labors; but we are engaged in a great work ... we are
+     building up the walls of a great state.[264]
+
+Parrot, the permanent chairman, said:
+
+     Many of us come here from amongst a people who have spurned us and
+     spit upon us ... the enemies of the convention are watching with
+     envious eyes to see whether we shall be able to meet public
+     expectation.... We should form a state government for an unwilling
+     people based upon the soundest principles ... and in governing them
+     rescue human liberty from the grave, and prevent them from trampling
+     us under foot.
+
+On the other side, he said:
+
+     The Republican party of the nation is waiting with intense anxiety
+     the movements of this body. Our friends will soon be able to
+     determine whether we shall be a burden upon them ... or aid them in
+     the great work of restoring our state.[265]
+
+When Governor Jenkins brought suit against Stanton on behalf of the state,
+the convention declared the action unauthorized and in the name of the
+people of Georgia demanded that the suit be dismissed.[266] On December
+17, 1867, a resolution was passed, asking Pope to appoint, in lieu of
+Governor Jenkins, a provisional governor, and asking that the person
+appointed be Rufus B. Bullock.[267] Unsuccessful here, the convention
+tried again on January 21. It requested Congress to allow it to vacate the
+governorship and all other offices now filled by men unfriendly to
+reconstruction and to fill them with new appointees.[268] These two last
+named resolutions suggest not only Radical sentiment, but also Radical
+organization in the convention.
+
+The attitude of the convention toward the military authorities was most
+cordial. On December 20, a reception was given to Pope. The general made a
+speech and received an ovation.[269] Resolutions of friendship and
+gratitude were voted him on his departure.[270] Meade, on his arrival,
+received resolutions of welcome,[271] and resolutions of friendly import
+on various other occasions.[272] Meade did not entirely reciprocate this
+cordiality.
+
+Toward Congress the convention was not only cordial; it was almost filial.
+Not only was the United States government eloquently thanked for its
+magnanimity,[273] but it was appealed to by the convention as a kind
+parent by a child confident of favor. It was petitioned to appropriate
+thirty million dollars to be loaned on mortgage to southern
+planters;[274] to loan a hundred thousand dollars to the South Georgia and
+Florida railroad,[275] and "to make a liberal appropriation" for building
+the proposed Air Line railroad.[276]
+
+The constitutional convention of 1865 had met on October 25, and adjourned
+on November 8, thus completing its work in fourteen days. This dispatch,
+as well as the style of its resolutions and of the speeches of its
+members,[277] had marked it as a body where good taste, decorum and public
+spirit prevailed.
+
+The reconstruction convention met on December 9, 1867, and continued in
+session (excepting a recess from December 24 to January 7), until March
+11, 1868. The first article of the new constitution on which the
+convention took action was reported on January 9.[278] Before that time
+many resolutions and ordinances were introduced. Most of them related to
+"relief" (such as suspension of tax collections, homestead exemption, stay
+of execution for debt, etc.), or to the pay and mileage of delegates, and
+only rarely was anything said about the constitution. On December 16 the
+more conscientious members secured the appointment of a committee to
+inquire whether the convention had power to do any business besides frame
+a constitution.[279] This committee did not discuss the law of the
+question, but recommended on moral grounds a resolution to this effect:
+
+     That all ordinances or other matter ... already introduced and
+     pending are hereby indefinitely postponed; and in future no ordinance
+     or other matter ... not necessarily connected with the fundamental
+     law shall be entertained by this convention [except relief
+     legislation].
+
+This report met with vigorous opposition. It was saved from the table by
+two votes. But it was adopted.[280] The contemporary Conservative press
+describes the convention as very infamous and very disgusting.[281] It
+contained thirty-three negroes, and the transactions recorded in the
+official journal show that it was composed largely of men of low
+character.
+
+Hence, to many of the delegates, framing the constitution was only a minor
+incident of the convention, and the main part of that work was left to a
+small number of men. Their work shows intelligence and ability. Moreover,
+in the records of the convention there are not wanting traces of that
+undoubted public spirit which animated many of the supporters of
+reconstruction--the honest desire to repair and develop the material
+welfare of the state. This spirit is evident in the speeches we have
+cited, and in some of the resolutions.
+
+We have stated how the campaign of 1868 resulted in giving the
+governorship to the Republicans and a majority of twenty-nine in the
+legislature to the Conservatives; how Governor Bullock tried to reduce
+that majority through Meade, and how Meade refused his aid; and how the
+majority was more than doubled by the expulsion of the negroes and the
+seating of the minority candidates. From that time to the reorganization
+of the legislature in 1870, the most remarkable fact in the state politics
+was the hostility between the governor and the legislature.
+
+After the expulsion of the negroes, the lower house asked the governor to
+send it the names of the candidates who at the election had received the
+next highest vote to the persons expelled. The governor sent the names and
+with them a long protest against the expulsion of the negroes.[282] The
+house, on hearing the message, adopted a tart resolution, reminding the
+governor that the members of each house were "the keepers of their own
+consciences, and not his Excellency."[283] A similar message to the upper
+house in response to a similar request provoked a similar resolution,
+which was defeated by two votes.[284]
+
+It will be remembered that in December, 1868, and January, 1869, the
+governor urged upon Congress, through his letter presented in the Senate
+and through his testimony before the Reconstruction Committee, the theory
+that Georgia had not yet been restored. On January 15, 1869, he urged the
+same view upon the legislature. He advised it to reorganize itself by
+summoning all men elected members in 1868, requiring each to take the Test
+Oath, excluding only those who should not take it, and thus constituted to
+repass the resolutions required by the Omnibus Act. If the legislature did
+not do this, it must submit to Congressional interference.[285] This
+message apparently caused the legislature some apprehension. It adopted a
+joint resolution to the effect that it desired the question of the
+eligibility of negroes to office to be determined by the supreme court of
+the state. The governor sent this resolution back with one of his
+admirably keen and powerful messages. He said that Congress had two
+grievances against the present legislature; that it had admitted members
+disqualified by the Fourteenth Amendment, contrary to the Omnibus Act, and
+that it had expelled twenty-eight negroes. The present resolution,
+intended to appease Congress, ignored the first grievance and proposed no
+remedy for the second; therefore it was meaningless and absurd.[286]
+
+On January 21, 1869, the state treasurer, Angier, in response to an
+inquiry from the house of representatives regarding the affairs of his
+department, intimated that the governor had drawn money from the treasury
+under suspicious circumstances.[287] Thus began the feud between the
+governor and the treasurer which continued during the rest of Bullock's
+term. Angier's report was referred to the committee on finance. The
+majority of the committee reported that the governor's acts had been
+irregular but in good faith. The minority reported that his acts were
+culpable and his explanations inadequate, and concluded: "The facts herein
+set forth develop the necessity for further legislation for the security
+of the treasury."[288] This report the house adopted by a large
+majority.[289]
+
+Another index of the relations between the governor and the legislature is
+furnished by the governor's message submitting the proposed Fifteenth
+Amendment. It opened thus:
+
+     It is especially gratifying to learn, as I do from the published
+     proceedings of your honorable body, that senators and representatives
+     who have heretofore acted with a political organization which adopted
+     as one of its principles a denunciation of the acts of a Republican
+     Congress ... should now give expression to their anxious desire to
+     lose no time in embracing this opportunity of ratifying one of the
+     fundamental principles of the Republican party ... and I very much
+     regret that the preparation necessary for a proper presentation of
+     this subject to your honorable body has necessarily caused a short
+     delay, and thereby prolonged the suspense of those who are so anxious
+     to concur.[290]
+
+The radicals probably desired the rejection of the amendment, since it
+would furnish another strong argument to Congress in favor of reorganizing
+the legislature. Hence, the Radical governor, as his message shows, did
+not do his best to induce the legislature to ratify, and probably some
+Radical members for the same reason voted against the amendment or
+refrained from voting for it. It was defeated in the lower house on March
+12,[291] and in the upper on March 18.[292]
+
+In the last chapter we saw that Terry excluded five men from the
+legislature because the board of inquiry had found them ineligible, and
+excluded nineteen others because they had failed to take the required
+oath, and had applied to Congress for removal of disabilities. It is safe
+to assume that all of these twenty-four men were conservatives. Nineteen
+of them had been elected to the lower house, five to the senate.[293]
+Immediately after organization, on advice of Bullock and with the sanction
+of Terry, the senate gave the five vacated seats to the minority
+candidates,[294] and the house gave fourteen of its vacated seats to the
+minority candidates.[295] The result was that the Republicans secured a
+majority in each house.[296] The Republican control thus secured remained
+uninterrupted for the remainder of 1870. Perfect accord now existed
+between the governor and legislature, and in the quarrel between Bullock
+and Angier, which went on with increased acerbity in the press and before
+a congressional committee,[297] the legislature proceeded to transfer its
+support to the governor.[298]
+
+But Republican supremacy was in danger. It was threatened by the Moderate
+Republicans. J. E. Bryant, a Republican, prominent in the state politics
+since the beginning of the new _régime_, in testifying before the
+Reconstruction Committee in January, 1869, had advocated reorganization of
+the legislature, but had opposed any other interference, especially the
+restoration of military government.[299] He and other Republicans who
+shared his opinion were disgusted with the proceedings of Bullock and
+Terry. As early as January 12, 1870, there were reports that the Radicals
+were apprehensive of a combination between the Moderate Republicans and
+the Conservatives.[300] Probably the strenuous efforts of the Radicals to
+take and make every possible advantage for themselves in the
+reorganization is partly accounted for by this apprehension. On February
+2, Bryant caused to be entered on the journal of the house of
+representatives a protest denouncing the reorganization proceedings as
+illegal.[301] Shortly afterwards he published a statement of his position.
+He said that he was a Republican, but was opposed to the corrupt ring
+which controlled the party in Georgia.[302] From this time on the papers
+frequently referred to the alliance between the followers of Bryant and
+the Conservatives as the salvation of the state.[303]
+
+The Radical majority was not quite strong enough to pass a resolution
+declaring that there should be no election in 1870, as was attempted in
+August of that year.[304] But it was strong enough to pass an election law
+very favorable to the Radical party. It changed the date of the election
+from the regular time in November to December 22, and following the
+example set by General Pope in 1867, provided that it should continue
+three days. It established a board of five election managers for each
+county, three to be appointed by the governor and senate, and two by the
+county ordinary. It provided that the board should have "no power to
+refuse the ballot of any male person of apparent full age, a resident of
+the county, who [had] not previously voted at the said election." Also it
+said: "They [the managers] shall not permit any person to challenge any
+vote."[305] Another act was passed, calculated to prevent the loss of
+Republican votes through disqualification of negroes for non-payment of
+taxes. It declared the poll tax levied in 1868, 1869 and 1870
+illegal.[306]
+
+At the election thus provided for were to be chosen a new legislature
+(except half of the senators, who held four years) and Congressmen. To
+what extent the Republicans availed themselves of the advantages offered
+by the election law we do not know. At any rate, the Conservatives
+obtained two-thirds of the seats in the legislature, and five of the seven
+seats in Congress.[307]
+
+This result meant trouble for the governor, whose term ran to November,
+1872. His efforts to secure Congressional interference, his conduct in
+January, 1870, and the accusations of extravagance, corruption, and other
+crimes continually made by an intemperate press, had raised public
+indignation to a high point. It was certain that when the new legislature
+met it would investigate the charges, and it was hoped that the governor
+would be impeached.[308] The time of reckoning had been postponed,
+however, by the prudence of the outgoing legislature, which had provided
+that the next session of the legislature should begin, instead of in
+January, the regular time set by the constitution,[309] on the first
+Wednesday in November, 1871.[310]
+
+The first Wednesday in November, 1871, was November 1. On October 23, the
+governor recorded in the executive minutes that he resigned his office,
+for "good and sufficient reasons," the resignation to take effect on
+October 30.[311] He then quietly left the state. The fact that he had
+resigned was kept secret until October 30.[312]
+
+In case of a vacancy in the office of governor, the constitution directed
+the president of the senate to fill the office.[313] On October 30,
+therefore, Conley, the president of the senate at its last session,
+hastened to be sworn in as governor.[314] By resigning just before the
+meeting of the incoming Conservative legislature, Bullock had thus
+cleverly prolonged Republican power, while at the same time resigning. The
+question whether under the constitution the governor's office should not
+be filled by the president of the newly-organized senate, was raised by
+the papers.[315] But Conley was by common consent left in possession of
+the office. Though, as he said in his first message to the
+legislature,[316] "a staunch Republican," he was not personally
+unpopular.[317] Moreover, the legislature intended to furnish a successor
+very soon.
+
+On November 22, a bill was passed ordering a special election for governor
+for the remainder of the unexpired term, to be held on the third Tuesday
+in December.[318] The authority for this act was found in the following
+provision of the constitution: "The general assembly shall have power to
+provide by law for filling unexpired terms by a special election."[319]
+Conley vetoed the bill, on the ground that the section of the constitution
+quoted empowered the legislature to make general provisions for filling
+unexpired terms, not to make special provision for single cases.[320] The
+bill was passed over his veto.
+
+Although Republican power was now doomed in a few weeks, and although
+resistance to a legislature which could easily override his vetoes was
+futile, yet Conley stubbornly continued to offer obstructions to the
+legislature at every possible point up to the very day when his successor
+was inaugurated.[321] He exhibited a courage and a political efficiency
+worthy of his predecessor, but accomplished nothing. He was able, however,
+to help his friends by means of the pardoning power. Several prominent
+Republicans were indicted at this time for various acts of public
+malfeasance. On the ground that in the existing state of public excitement
+these men could not obtain a fair trial, Conley ordered proceedings
+against several of these to be discontinued.[322]
+
+On January 11, 1872, the returns from the special election were sent to
+the legislature by Conley, under protest,[323] and James M. Smith was
+declared elected. On January 12, Smith was inaugurated. Conley assisted at
+this ceremony, thus yielding the last inch of Republican ground.[324]
+
+Reviewing the events recorded from the beginning of this chapter, we
+observe that the period of reconstruction in Georgia was not a period when
+a swarm of harpies took possession of the state government and preyed at
+will upon a helpless people. The constitutional convention of 1867-68
+forebodes such a period, but when the Conservatives rouse themselves, from
+that time on the stage presents an internecine war between two very well
+matched enemies. This struggle is usually represented as between a wicked
+assailant and a righteous assailed. That it was a struggle between
+Republicans and Democrats is much more characteristic. In such a contest
+mutual vilifying of course abounded, and it is not to be supposed _a
+priori_ that the vilifying of one party was more truthful than that of the
+other.
+
+It is often vaguely said that reconstruction resulted in government by
+carpet-baggers. John B. Gordon, the Conservative candidate for governor
+who was defeated by Bullock, expressed before a Congressional committee in
+1870 the belief that there were not more than a dozen men holding offices
+in Georgia who had recently been non-residents. He further said that the
+judges appointed by the Republican governor were entirely
+satisfactory.[325]
+
+The reconstruction government is charged with having imposed such heavy
+taxes that as a result the people were impoverished, industry was checked,
+and many plantations went to waste. During the decade before the war the
+law provided that a tax should be annually levied at such a rate as to
+produce $375,000, provided the rate should not exceed one-twelfth of one
+per cent.[326] The revenue law of 1866 provided that a tax should be
+levied at such a rate as to produce $350,000.[327] Owing to the vast
+destruction of property during the war, this necessitated a higher rate
+than that before the war. The law of 1867 ordered a levy at such a rate as
+to raise $500,000.[328] This law, made by the Johnson government, before
+reconstruction began, was continued by the legislature in the four
+following years.[329] In 1870 the rate of assessment was two-fifths of one
+per cent.[330] This rate was much higher than the one prevailing before
+the war, but this misfortune cannot be charged to reconstruction, since
+the reconstruction government merely followed the example of the Johnson
+government.
+
+That the reconstruction _régime_ did not do the economic harm often
+attributed to it is shown by the fact that during that _régime_ the value
+of land and of all property in the state steadily increased, as appears
+from the following table:
+
+                               ASSESSED VALUATION.
+
+                 Land.        Town and         Total
+                            City Property.   Property.
+
+  1868[331]   $79,727,584    $40,315,621    $191,235,520
+  1869[332]    84,577,166     44,368,096     204,481,706
+  1870[333]    95,600,674     47,922,544     226,119,519
+  1871[334]    96,857,512     52,159,734     234,492,468
+
+Nevertheless, the reconstruction government spent the public money
+extravagantly. This fact is shown by a comparison of the expenditures of
+the state under Bullock's administration and under that of his
+predecessor. Such a comparison, it is true, has been employed to prove the
+contrary. Governor Bullock was wont to rebut charges of extravagance by
+showing that the state spent more under Jenkins' administration than under
+his, in proportion to the time occupied by each.[335] This was true, as
+the following figures show:[336]
+
+  Gross expenditures in 1866 and 1867                      $3,223,323.46
+    Average annual expenditure during these years           1,601,661.73
+  Gross expenditures from August 11, 1868, to Jan. 1, 1870  2,260,252.15
+  Gross expenditures in 1870                                1,444,816.73
+  Gross expenditures in 1871                                1,476,978.86
+    Average annual expenditure during this period           1,554,614.32
+
+A comparison of gross expenditures, however, is of no significance unless
+the sums contrasted represent payments for the same purposes. Under the
+earlier administration the government undertook large expenditures for the
+relief of destitute persons, especially of wounded soldiers and the
+relicts of soldiers.[337] This accounts for the remarkable size of the
+amounts credited to "special appropriations" in the report for 1866 and
+1867. Under Bullock's administration the government spent nothing for
+these purposes. For a fair comparison of the economy of the Johnson
+government and the reconstruction government, it is necessary to compare
+the amounts which they spent respectively for the same objects. Their
+payments for the more important administrative purposes are shown in the
+following table:[338]
+
+  +----------------------+----------+----------+----------+----------+
+  |                      |  1866.   |  1867.   |  1868.   |  1869.   |
+  +----------------------+----------+----------+----------+----------+
+  |Civil Establishment   |$20,771.66|$75,222.44|$50,373.72|$85,666.41|
+  |Contingent Fund       |  6,128.62| 15,430.74| 10,059.06| 19,968.16|
+  |Printing Fund         |  1,021.75| 16,114.90| 20,452.96| 7,673.38 |
+  |Special Appropriations|304,955.05|879,897.77|210,916.11|261,097.37|
+  +----------------------+----------+----------+----------+----------+
+
+  +----------+----------+
+  |  1870.   |  1871.   |
+  +----------+----------+
+  |$77,851.77|$78,365.21|
+  | 38,284.44| 20,296.95|
+  | 60,011.78| 20,000.00|
+  |260,442.05|806,419.08|
+  +----------+----------+
+
+These figures show that almost all the annual expenditures of Bullock's
+administration, aside from "special appropriations," were well above those
+of the preceding administration, and that the payments from the printing
+fund, especially in 1870, and from the contingent fund in 1870, were so
+large as to convict the administration of great extravagance.
+
+The reconstruction legislature was reproached because of its large _per
+diem_--nine dollars. This _per diem_ was established by the Johnson
+government,[339] and is, therefore, not a charge against reconstruction.
+But the other expenses of the legislature fully corroborate the charges of
+extravagance made against it. This is shown by the following table:[340]
+
+  +-----+---------------------+-------------+-------------------+
+  |     | Length of Session.  |   Total     |Average Expenditure|
+  |     |                     |Expenditure. |    per month.     |
+  +-----+---------------------+-------------+-------------------+
+  |     | Dec. 4 to Dec. 15.  |             |                   |
+  |1865 | Jan. 15 to March 13.|             |                   |
+  | and | Nov. 1 to Dec. 14.  | $121,759.75 |    $33,207.18     |
+  |1866.| ------------------- |             |                   |
+  |     |        3-2/3 months.|             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |1867.|     No session.     |             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |1868 | July 4 to Oct. 6.   |             |                   |
+  | and | Jan. 13 to March 18.| $446,055.00 |    $84,161.33     |
+  |1869.| ------------------- |             |                   |
+  |     |       5-3/10 months.|             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |     | Jan. 10 to Feb. 17. |             |                   |
+  |     | Apr. 18 to May 4.   |             |                   |
+  |1870.| July 6 to Oct. 25.  | $526,891.00 |    $95,798.32     |
+  |     | ------------------- |             |                   |
+  |     |       5-1/2 months. |             |                   |
+  +-----+---------------------+-------------+-------------------+
+
+The state debt created by the reconstruction government was of two kinds;
+direct and contingent. When the reconstruction government went into
+operation the state debt was $6,544,500.[341] The reconstruction
+government incurred a bonded debt of $4,880,000.[342] This includes bonds
+to the amount of $1,880,000 which were issued to a railroad in exchange
+for its bonds to a greater amount and bearing interest at the same rate.
+This amount, therefore, was not a burden on the state, provided the
+railroad remained solvent; though in form a direct, it was virtually a
+contingent liability. Further, $300,000 of the money borrowed was used to
+pay the principal of the old debt. Deducting these two sums, we find that
+the burden of direct debt was increased by $2,700,000.
+
+Contingent debt was incurred by the indorsement of railroad bonds. In 1868
+the state offered aid of this kind to three railroad companies,[343] in
+1869 to four,[344] and in 1870 to thirty.[345] The state offered to
+indorse the bonds of each of these companies to the amount, usually, of
+from $12,000 to $15,000 per mile, sometimes more and sometimes less. If
+all the roads had accepted the full amount of aid offered, the state would
+have become contingently liable for about $30,000,000.[346] But only six
+roads accepted, and the contingent liability thus created was
+$6,923,400.[347] The laws offering the aid involved little risk to the
+state; they made substantial progress in construction and substantial
+evidence of soundness conditions precedent to indorsement, and secured to
+the state a lien on all the property of each road in case it defaulted.
+The indorsement of railroad bonds is not a reproach to the reconstruction
+government. The great policy of that government, when it was sufficiently
+free from partisan labors to have a policy, was to repair the prosperity
+of the state, and the construction of railroads was an important means to
+this end.[348]
+
+The worst stain on the reconstruction government is its management of the
+state railroad. The Western and Atlantic Railroad, owned and operated by
+the state until 1871, was placed under the superintendence of Foster
+Blodgett by the governor in January, 1870.[349] Thenceforth hundreds of
+employees were discharged to make room for Republican favorites; important
+positions were filled by strangers to the business; the receipts were
+stolen,[350] or squandered in purchases made from other Republicans at
+monstrous prices; and the road suffered great dilapidation.[351]
+
+The preferred object of the Conservative abuse in the reconstruction
+government was Governor Bullock. We have seen that he was remarkably
+powerful as well as remarkably active in promoting the interests of his
+party. He was abused for that. For the extravagance of the state
+government the governor was held largely responsible. He was abused for
+that. But he was further accused of fraud in financial matters.
+
+Although this charge has never been established, the public had some
+excuse for believing it at the time. As a result of the quarrel between
+the governor and the treasurer, the governor ordered the bankers who were
+the financial agents of the state to hold no further communication with
+the treasurer after June 3, 1869, but to communicate only with the
+governor.[352] The effect upon the public was an impression of great
+confusion and irregularity in the finances. The treasurer's reports could
+not give a complete account of state moneys, and the governor was not
+careful to inform the public of the condition of that part of the finances
+over which he had assumed control. Moreover, the governor and the
+treasurer kept up a constant interchange of accusation and insinuation in
+the newspapers. In another way the governor put himself in an unfortunate
+light. In his letter to the Ku Klux Committee his statements regarding his
+bond transactions were so vague as to give the impression (rightly or
+wrongly) of a desire to conceal something.[353] The same laxity of
+statement appears in Conley's statement of the use to which the bonds
+issued by Bullock had been put.[354] His sudden resignation and departure
+on the eve of a threatened investigation seemed to confirm the evidence of
+his guilt.
+
+But though he did not keep the public informed, it has never been
+established that his accounts were wrong. He spent money freely, and in
+some cases without authority;[355] but none of his accusers has ever
+proved that he spent any without regular and correct record by the
+comptroller. And though he issued bonds perhaps in excess, he issued none
+without proper registration in the comptroller's records.[356] His
+apparent efforts to conceal facts do not prove fraud; a sufficient motive
+would be furnished by desire to conceal the extravagance of his
+administration. Furthermore, he has been positively acquitted of the
+charge of fraud. In 1878 he returned to Georgia, and the courts proceeded
+to give him "a speedy and public trial." Of his many alleged crimes,
+indictments were secured for three. One indictment was quashed.[357] Upon
+the other two the verdict was "not guilty."[358] His resignation was
+explained in a letter to his "political friends," published on October 31,
+1871.[359] He said that he had obtained evidence of a concerted design
+among certain prominent members of the incoming legislature to impeach
+him (as they could easily do, with the immense Conservative majority), and
+instal as governor the Conservative who would be elected president of the
+senate. To resign and put the governorship in the hands of a Republican
+who could not be impeached was the only way to defeat this "nefarious
+scheme." This explanation was of course ignored by Bullock's enemies when
+it was made; but in view of the lack of evidence that he was guilty of any
+fraud, and in view of the positive evidence to the contrary, there is now
+no reason to doubt it.
+
+The governor made extraordinary use of the pardoning power. According to a
+statement sanctioned by him, he pardoned four hundred and ninety-eight
+criminals, forty-one of whom were convicted or accused of murder,
+fifty-two of burglary, five of arson, and eight of robbery.[360] The
+leader of the Conservative party at that time, B. H. Hill, emphatically
+declared in a public statement that the governor had no worse motive than
+"kindness of heart."[361]
+
+To sum up the case against the reconstruction government, we have seen
+that it was extravagant, that it mismanaged the state railroad, and that
+it pardoned a great many criminals. It was not guilty of the enormities
+often associated with reconstruction; but it was a government composed of
+men who obtained political position only through the interference of an
+outside power--it was the product of a system conceived partly in
+vengeance, partly in folly, and partly in political strategy, and imposed
+by force. It was hated partly for what it did, but more for what it was.
+
+
+
+
+CHAPTER X
+
+CONCLUSION
+
+
+A Confederate veteran recently remarked amid great applause at an assembly
+in Atlanta that there never was a conqueror so magnanimous as the North,
+for within six years from the surrender of the southern armies she had
+allowed the South to take part in her national councils. Nevertheless,
+within those six years the Congressional Disciplinarians gave the South a
+discipline which she will never forget. It did not result in permanent
+estrangement between the North and the South, for sectional bitterness
+seems extinct. But whether there was any profit in it--whether, in case
+the South never again attempts to secede, that happy omission will be due
+to reconstruction--may be doubted.
+
+Was there a clearer gain from the humanitarian point of view? We have seen
+that at the close of the war a spirit of gratitude and philanthropy
+prevailed among the most influential of the southern white people as
+regards the negroes. Instead of allowing this spirit to develop and in the
+course of time to produce its natural results, the North, believing that
+suffrage was essential to the negro's welfare and progress, forced the
+South to enfranchise him, by reconstruction. This caused the negro untold
+immediate harm (since reconstruction was a contributary cause of
+Kukluxism), and delayed his ultimate advance by giving the friendly spirit
+of the white people a check in its development from which it has not yet
+recovered.
+
+From the point of view of the Republican Politicians, reconstruction at
+first succeeded, but later proved a mistaken policy. By it they lost the
+support of the southern white men who had been opposed to secession. These
+formed a large party in Georgia. The victory of the federal arms had the
+nature of a party victory for them. They would have added their strength
+to the Republican party. Reconstruction, with its threat of negro
+domination, drove them into the Democratic party, where they still remain.
+For a time this loss was made good by negro votes, but not long.
+
+Without reconstruction there would have been no Fifteenth Amendment. But
+the good will and philanthropy of the people among whom the negro lives,
+which reconstruction took away, would have brought him more benefit than
+the Fifteenth Amendment. Without reconstruction there would have been no
+Fourteenth Amendment. But a long line of decisions of the Supreme Court
+has determined that the Fourteenth Amendment did not achieve the
+nationalization of civil rights--an end which might justify reconstruction
+as a means. In short, reconstruction seems to have produced bad
+government, political rancor, and social violence and disorder, without
+compensating good.
+
+
+
+
+BIBLIOGRAPHY.
+
+
+PUBLIC RECORDS AND DOCUMENTS.
+
+_Of the United States Government._
+
+  Congressional Globe.
+  Public Documents.
+  Statutes at Large.
+  Supreme Court Reports.
+  Military orders in the archives of the Department of War.
+  Correspondence in the same archives.
+  Correspondence in the archives of the Department of State.
+  Unpublished records in the same archives.
+
+_Of the Government of Georgia._
+
+  Journal of the constitutional convention of 1865.
+  Journal of the constitutional convention of 1867-8.
+  Journals of the legislature.
+  Reports of the four committees appointed by the legislature in December,
+          1871 to investigate respectively--
+      The management of the state railroad.
+      The lease of the same road.
+      The official conduct of Governor Bullock.
+      The transactions of Governor Bullock's administration relating to
+        the issue of state bonds and the indorsement of railroad bonds.
+    These reports were published in Atlanta in 1872.
+  Session Laws.
+  Supreme Court Reports.
+  Reports of the State Comptroller.
+  Executive minutes in the archives of the state in Atlanta.
+  Minutes of the Fulton County Superior Court in the office of that court
+          in Atlanta.
+
+
+NEWSPAPERS.
+
+  Atlanta _New Era_.
+  Atlanta _Constitution_.
+  Milledgeville _Federal Union_ (during the war called the _Confederate
+      Union_).
+  Savannah _News_.
+  Savannah _Republican_.
+
+
+CONTEMPORARY PAMPHLETS.
+
+  A letter from Rufus B. Bullock to the chairman of the Ku Klux committee,
+      Atlanta, 1871.
+  Address of the same to the people of Georgia, dated October, 1872.
+  Letter from the same "to the Republican Senators and Representatives who
+      support the Reconstruction Acts," Washington, May 21, 1870.
+
+
+HISTORICAL WORKS AND COMPENDIA.
+
+  _American Annual Cyclopćdia_. New York.
+  Avery, I. W., _History of Georgia_. New York, 1881.
+  Bancroft, F. A., _The Negro in Politics_. New York, 1885.
+  Clews, Henry, _Twenty-eight Years in Wall Street_. London, 1888.
+  Cox, S. S., _Three Decades of Federal Legislation_. Providence, 1886.
+  Dunning, W. A., _The Civil War and Reconstruction_. New York, 1898.
+  Fielder, H., _The Life and Times of Joseph E. Brown_. Springfield,
+      Mass., 1883.
+  Hill, B. H., Jr., _The Life, Speeches and Writings of Benjamin H. Hill_.
+      Atlanta, 1891.
+  Lalor, J. J., _Cyclopćdia of Political Science_. New York, 1893.
+      Articles on Reconstruction, Georgia, and Ku Klux.
+  Poor, H. V., _Manual of the Railroads of the United States_. New York,
+      published yearly.
+  Sherman, W. T., _Memoirs_. New York, 1875.
+  Stephens, Alex., _The War between the States_. Philadelphia, 1868-70.
+  Taylor, Richard, _Destruction and Reconstruction_. New York, 1893.
+  _Tribune Almanac_. New York.
+  Wilson, Henry, _History of the Reconstruction Measures_. Hartford, 1868.
+
+
+
+
+Footnotes:
+
+[1] Alex. Stephens, _The War Between the States_, vol. ii, p. 623; W. T.
+Sherman, _Memoirs_, vol. ii, pp. 346-362.
+
+[2] M. C. U., May 9, 1865.
+
+[3] See the account of the gigantic relief operations of the federal army,
+A. A. C., 1865, p. 392.
+
+[4] M. C. U., May 9, 1865.
+
+[5] Letter from Joseph E. Brown to Andrew Johnson, dated May 20, 1865, in
+the Department of War, Washington. Brown was arrested on May 10. On May 8,
+upon surrendering the state troops to the federal general Wilson, he had
+been paroled. (The parole paper is in the above mentioned archives.) Hence
+the arrest was a violation of his parole. When Wilson entered into the
+parole engagement he had not been informed how his superiors would regard
+the summoning of the legislature. Immediately afterward he probably
+received orders from the central authorities to arrest Brown. He preferred
+obeying orders to observing his engagement.
+
+[6] G. O. D. S., 1865, no. 63.
+
+[7] See G. O. D. S., 1865, _passim_. Also Savannah _Republican_, May 1, 2,
+3, etc., 1865.
+
+[8] Savannah _Republican_, July 4, 1865. See also James Johnson's
+proclamation of July 13, 1865, M. F. U. of same date.
+
+[9] M. F. U., July 25, 1865.
+
+[10] U. S. L., vol. 13, 760. The provisional governorship, it may be
+remarked, was characterized by the Secretary of War as "ancillary to the
+withdrawal of military force, the disbandment of armies, and the reduction
+of military expenditure by provisional [civil organizations] to take the
+place of armed force." The salaries of the provisional governors were paid
+from the army contingencies fund. See S. D., 39th Congress, 1st session,
+no. 26.
+
+[11] U. S. L., vol. 13, p. 764.
+
+[12] M. F. U., July 13, 1865; A. A. C., 1865, p. 394.
+
+[13] M. F. U., August 15, 1865; A. A. C., _loc. cit._
+
+[14] Letter from Brown to Johnson, dated May 20, 1865, archives of the
+Department of War, Washington.
+
+[15] Letter from Johnson to Stanton dated June 3, 1865, in same archives.
+
+[16] M. F. U., July 11, 1865.
+
+[17] M. F. U., July 18. Savannah _Republican_, July 1 and 3.
+
+[18] J. C., 1865, p. 3.
+
+[19] J. C., 1865, p. 8.
+
+[20] _Ibid._, pp. 17, 18.
+
+[21] _Ibid._, p. 234. The ordinance to this effect was passed only after a
+hard fight, and after a telegraphic warning from the President that if it
+failed the state would fail of restoration. See S. D., 39th Congress, 1st
+session, no. 26, p. 81.
+
+[22] J. C., 1865, pp. 18 and 28.
+
+[23] S. J., 1865-6, p. 3.
+
+[24] S. D., 39th Congress, 1st session, no. 26, p. 95.
+
+[25] S. L., 1865, p. 313.
+
+[26] M. F. U., December 19 and 26, 1865.
+
+[27] See Jenkins' message to the legislature, M. F. U., December 19, 1865.
+
+[28] K. K. R., vol. 6, p. 320 (testimony of John B. Gordon).
+
+[29] Report of Carl Schurz on conditions in the South, made in December,
+1865. S. D., 39th Congress, 2d session, no. 2.
+
+[30] Report of Carl Schurz on conditions in the South, made in December,
+1863. S. D., 39th Congress, 2d session, no. 2.
+
+[31] Art. v, sect. 1, § 1.
+
+[32] Art. ii, sec. 5, § 5.
+
+[33] S. L., 1865-66, p. 6.
+
+[34] S. L., 1865-66, p. 234.
+
+[35] Before, the maximum penalty for rape, arson, and burglary in the
+night had been imprisonment for 20 years, and for horse stealing
+imprisonment for 5 years.
+
+[36] S. L., 1865-66, p. 232; 1866, p. 151.
+
+[37] _Ibid._, 1866, p. 150.
+
+[38] _Ibid._, 1865-66, p. 233.
+
+[39] S. L., 1866, p. 153.
+
+[40] _Ibid._, 1865-66, p. 239.
+
+[41] _Ibid._
+
+[42] _Ibid._, p. 240.
+
+[43] _Ibid._, 241.
+
+[44] S. L., 1866, p. 59.
+
+[45] J. C., 1865, p. 16.
+
+[46] _Ibid._, p. 17.
+
+[47] _Ibid._, 137.
+
+[48] S. L., 1866, p. 216. For the governor's message and the report of the
+committee to which the amendment was referred, see A. A. C., 1865, p. 352.
+For a further expression of public opinion, see Atlanta _New Era_, October
+19, 1866.
+
+[49] S. L., 1865-66, p. 315.
+
+[50] S. L., 1865-66, p. 14, and S. L., 1866, p. 143.
+
+[51] S. L., 1866, p. 219.
+
+[52] Report of Carl Schurz above cited.
+
+[53] C. G., 39th Congress, 1st session. Appendix, p. 1.
+
+[54] One of the Senators elect from Georgia had been Vice-President of the
+defunct Confederacy.
+
+[55] C. G., 39th Congress, 1st session, p. 2.
+
+[56] R. C., 39th Congress, 1st session, vol. ii, p. iii.
+
+[57] C. G., 39th Congress, 1st session, appendix, p. 82.
+
+[58] C. G., 39th Congress, 1st session, p. 915.
+
+[59] U. S. L., vol. 14, p. 27.
+
+[60] Trumbull's speech, C. G., 39th Congress, 1st session, p. 474.
+
+[61] R. C., 39th Congress, 1st session, vol. ii.
+
+[62] Senate resolution (by Andrew Johnson), C. G., 37th Congress, 1st
+session, pp. 243, 265; House resolution (by Crittenden), _ibid._, pp. 209,
+222.
+
+[63] U. S. L., vol. 14, P. 358.
+
+[64] _Ibid._, p. 173.
+
+[65] U. S. Senate Journal, 39th Congress, 2d session, p. 21.
+
+[66] C. G., 39th Congress, 2d session, p. 814.
+
+[67] _Ibid._
+
+[68] C. G., 39th Congress, 2d session, p. 251.
+
+[69] U. S. L., vol. 14, p. 428.
+
+[70] C. G., 39th Congress, 2d session, p. 1076.
+
+[71] U. S. L., vol. 15, p. 2.
+
+[72] _Ibid._, p. 14.
+
+[73] Mississippi _versus_ Johnson, 4 Wallace, 475; Georgia _versus_
+Stanton, 6 Wallace, 51; _Ex parte_ McCardle, 6 Wallace, 324, and 7
+Wallace, 512.
+
+[74] 7 Wallace, 700.
+
+[75] The _Federalist_, no. 43.
+
+[76] Story on the Constitution, chap. 41 (4th edition).
+
+[77] Cooley on the Constitution, p. 23 (4th edition).
+
+[78] Prize Cases, 2 Black, 687.
+
+[79] _Ex parte_ Garland, 4 Wallace, 333.
+
+[80] Archives of the Department of State, Washington.
+
+[81] C. G., 39th Congress, 2d session, p. 615. For other expressions of
+the same doctrine, see Cullom's speech, _ibid._, p. 814; Sumner's
+resolutions, C. G., 39th Congress, 1st session, p. 2; Sumner's
+resolutions, C. G., 40th Congress, 2d session, p. 453.
+
+[82] G. O. H., 1867, no. 18 and 104; 1868, no. 55; G. O. T. M. D., 1867,
+no. 1; 1868, no. 3 and 108.
+
+[83] G. O. T. M. D., 1867, no. 5.
+
+[84] _Ibid._, 1867, no. 20.
+
+[85] G. O. T. M. D., 1867, no. 50.
+
+[86] _Ibid._, 1867, no. 69.
+
+[87] _Ibid._, 1867, no. 83.
+
+[88] _Ibid._, 1867, no. 89. Also see Pope's Report, in R. S. W., 40th
+Congress, 2d session, vol. i, p. 320.
+
+[89] There is a slight inaccuracy in the official figures.
+
+[90] G. O. T. M. D., 1867, no. 89.
+
+[91] Georgia Constitution of 1868, art. i, sec. i.
+
+[92] _Ibid._, art. i, sect. xi.
+
+[93] _Ibid._, art. ii, sect. ii.
+
+[94] _Ibid._, art. ii, sect. vii, § 10.
+
+[95] _Ibid._, art. i, sect. xxii.
+
+[96] _Ibid._, art. vi, sect. i.
+
+[97] G. O. T. M. D., 1868, no. 39 and 40.
+
+[98] _Ibid._, no. 76, 90 and 93. Also, E. D., 40th Congress 2d session,
+no. 300.
+
+[99] Pope's Report in R. S. W., 40th Congress, 2d session, vol. i, p. 320.
+
+[100] G. O. T. M. D., 1867, no. 1.
+
+[101] G. O. T. M. D., 1867, no. 10.
+
+[102] For the correspondence between Jenkins and Pope see A. A. C., 1867,
+p. 363.
+
+[103] G. O. T. M. D., 1867, no. 49.
+
+[104] _Ibid._, 1867, no. 45.
+
+[105] _Ibid._, 1867, no. 28.
+
+[106] _Ibid._, 1867, no. 69.
+
+[107] S. O. T. M. D., 1867, _passim_.
+
+[108] G. O. T. M. D., 1867, no. 53.
+
+[109] S. O. T. M. D., 1867, no. 92, 100, 104.
+
+[110] _Ibid._, 1867, no. 263.
+
+[111] These figures are compiled from the special orders of the Third
+Military District.
+
+[112] G. O. T. M. D., 1868, no. 22.
+
+[113] Ordinance of Dec. 20, 1867, J. C., 1867-8, p. 564.
+
+[114] Avery, _History of Georgia_, p. 378.
+
+[115] G. O. T. M. D., 1868, no. 8. Meade acted with the greatest courtesy,
+and the relations between him and the officers remained friendly. See
+Meade's letter to Jenkins, A. A. C., 1867, p. 367. The removal of the
+treasurer was a formality to preserve the appearance of due discipline;
+Jones was allowed to retain the money then in the treasury, and to use it
+in paying the state debt and other expenses of the state government. See
+his report to the legislature, Sept. 18, 1868; H. J., 1868, p. 359.
+
+[116] J. C., 1867-8, p. 581.
+
+[117] G. O. T. M. D., 1868, no. 12 and 17.
+
+[118] S. O. T. M. D., 1868, no. 112.
+
+[119] G. O. T. M. D., 1868, no. 39 and 57.
+
+[120] _Ibid._, 1868, no. 58.
+
+[121] _Ibid._, 1868, no. 51.
+
+[122] _Ibid._, 1868, no. 54.
+
+[123] _Ibid._, 1868, no. 57.
+
+[124] _Ibid._, 1868, no. 27 and 37.
+
+[125] G. O. T. M. D., 1868, no. 27, 55, 99, 123, 136, and 148.
+
+[126] M. F. U., Oct. 29, 1867.
+
+[127] Atlanta _New Era_, Nov. 16, 1866; March 13, 1867; March 19, 1867.
+
+[128] Testimony of John B. Gordon, K. K. R., vol. 6, p. 308.
+
+[129] Atlanta _New Era_, March 13, 16 and 30, 1867.
+
+[130] M. F. U., Oct. 29 and Nov. 5, 1867.
+
+[131] A. A. C., 1868, p. 309.
+
+[132] Testimony before the reconstruction committee, H. M. D., 40th
+Congress, 2d session, no. 52, p. 26. See also M. F. U., March 10 and 17,
+1867.
+
+[133] Tribune Almanac for 1869, p. 78.
+
+[134] U. S. L., vol. 15, Public Laws, p. 41.
+
+[135] See sects. 5 and 6.
+
+[136] The vote in Alabama on the adoption of the constitution resulted in
+favor of adoption; but less than half of the registered voters voted, and
+the vote was taken before the passage of the act of March 11, 1868, above
+mentioned. Excuse was found by the Republican leaders for waiving this
+irregularity. C. G., 40th Congress, 2d session, p. 2463.
+
+[137] C. G., 40th Congress, 2d session, p. 2859 (Trumbull's speech).
+
+[138] U. S. L., vol. 15, Public Acts, p. 73.
+
+[139] S. J., 1868. p. 3.
+
+[140] The Iron Clad or Test Oath, to the effect that the person swearing
+had never borne arms against the United States, or in any way served the
+Confederacy. U. S. L., vol. 12, p. 502.
+
+[141] G. O. T. M. D., 1868, no. 61.
+
+[142] S. R., 40th Congress, 3d session, no. 192, p. 38. See also C. G.,
+41st Congress, 1st session, p. 594.
+
+[143] G. O. T. M. D., 1868, no. 98.
+
+[144] S. R., 40th Congress, 3d session, no. 192, p. 7.
+
+[145] _Ibid._ See also H. J., 1868, p. 25.
+
+[146] S. J., 1868, p. 34.
+
+[147] H. J., 1868, pp. 36, 44.
+
+[148] S. R., 40th Congress, 3d session, no. 192, p. 8.
+
+[149] S. R., 40th Congress, 3d session, no. 192, p. 38.
+
+[150] _Ibid._
+
+[151] _Ibid._, p. 13.
+
+[152] H. J., 1868, p. 52.
+
+[153] G. O. T. M. D., 1868, no. 103.
+
+[154] G. O. H., 1868, no. 55.
+
+[155] H. J., 1868, p. 57.
+
+[156] C. G., 40th Congress, 2d session, pp. 4472, 4499, 4500.
+
+[157] H. J., 1868, p. 104.
+
+[158] C. G., 40th Congress, 2d session, p. 4518.
+
+[159] A. A. C., 1868, p. 312.
+
+[160] The most prominent of these was Ex-Governor Brown. He went as a
+delegate to the Republican National Convention in 1868, but in a speech
+there declared his opposition to the granting of political power to the
+negro. Avery, _History of Georgia_, p. 385.
+
+[161] S. J., 1868, p. 84.
+
+[162] Constitution of 1868, Art. xi, § 3.
+
+[163] Irwin's Code, 1868, § 1648.
+
+[164] Art. i, sec. 2.
+
+[165] This ingenious argument of intent was made by Bullock. H. J., 1868,
+p. 300.
+
+[166] White _versus_ Clements, Georgia Reports, vol. 39, p. 232.
+
+[167] H. J., 1868, pp. 242, 247. S. J., 1868, pp. 278, 280.
+
+[168] Irwin's Code, 1868, § 121.
+
+[169] C. G., 40th Congress, 3d session, p. 3.
+
+[170] _Ibid._, p. 2.
+
+[171] C. G., 40th Congress, 3d session, p. 3.
+
+[172] Richard Taylor, _Destruction and Reconstruction_.
+
+[173] K. K. R., vol. 6, p. 93 (testimony of Augustus R. Wright); p. 274
+(testimony of Ambrose R. Wright); p. 236 (testimony of J. H. Christy); p.
+818 (testimony of J. E. Brown).
+
+[174] _Ibid._, vol. 7, pp. 812, 818 (testimony of J. E. Brown); p. 786
+(testimony of B. H. Hill).
+
+[175] _Ibid._, vol. 6, pp. 21 (testimony of C. D. Forsythe), 118
+(testimony of Aug. R. Wright); vol 7, pp. 988 (testimony of Linton
+Stephens), 1071.
+
+[176] _Ibid._, vol. 6, pp. 426, 440 (testimony of J. H. Caldwell), 108
+(testimony of Aug. R. Wright); vol. 7, p. 818 (testimony of J. E. Brown).
+
+[177] _Ibid._, vol. 6, p. 344 (testimony of J. B. Gordon).
+
+[178] C. G., 41st Congress, 2d session, p. 1929 (Trumbull's remarks).
+
+[179] Report of committee on reconstruction, H. M. D., 40th Congress, 3d
+session, no. 52, pp. 12 (testimony of Akerman), 27 (testimony of J. E.
+Bryant).
+
+[180] K. K. R., vol. 6, p. 107 (testimony of Aug. R. Wright).
+
+[181] K. K. R., vol. 7, p. 838 (testimony of C. W. Howard).
+
+[182] This statement is corroborated by the testimony of B. H. Hill, K. K.
+R., vol. 7, p. 767.
+
+[183] C. G., 40th Congress, 3d session, p. 2.
+
+[184] S. R., 40th Congress, 3d session, no. 192.
+
+[185] C. G., 40th Congress, 3d session, p. 27.
+
+[186] _Ibid._, p. 144.
+
+[187] _Ibid._, pp. 10 and 674.
+
+[188] H. M. D., 40th Congress, 3d session, no. 52.
+
+[189] U. S. L., vol. 15, Public Laws, p. 257.
+
+[190] C. G., 40th Congress, 3d session, pp. 934, 976. A precedent for this
+rule was found in the similar treatment of Missouri's electoral vote in
+1821.
+
+[191] C. C. 40th Congress, 3d session, pp. 1057, ff.
+
+[192] G. C., 1867-8, p. 567.
+
+[193] C. G., 41st Congress, 1st session, pp. 16, 18. The committee of
+elections reported on Jan. 28, 1870, that the Georgia representatives were
+not entitled to seats in the 41st Congress, having sat in the 40th. R. C.,
+41st Congress, 2d session, no. 16.
+
+[194] C. G., 41st Congress, 1st session, pp. 8, 263, 591.
+
+[195] U. S. L., vol. 15, appendix, p. xii.
+
+[196] W. A. Dunning, _The Civil War and Reconstruction_, pp. 226-228, 243.
+
+[197] S. J., 1869, p. 806; H. J., p. 610.
+
+[198] C. G., 41st Congress, 2d session, p. 251.
+
+[199] _Ibid._, p. 4.
+
+[200] H. M. D., 40th Congress, 3d session, no. 52.
+
+[201] S. D., 41st Congress, 2d session, no. 3.
+
+[202] _Ibid._ Halleck's annual report of Nov. 6, 1869, speaks to the same
+effect. R. S. W., 1869, abridged edition, p. 70.
+
+[203] C. G., 41st Congress, 2d session, p. 246.
+
+[204] U. S. L., vol. 16, Pub. Laws, p. 59.
+
+[205] C. G., 41st Congress, 2d session, p. 1710 (Lawrence's speech).
+
+[206] _Ibid._, pp. 165 (Carpenter's speech) and 208 (Conkling's speech).
+
+[207] C. G., 41st Congress, 2d session, p. 2062.
+
+[208] _Ibid._, p. 1710 (Lawrence's speech).
+
+[209] G. O. T. M. D., 1868, no. 90.
+
+[210] G. O. II., 1870, no. 1. This and other documents relating to Terry's
+administration are published in E. D., 41st Congress, 2d session, no. 288.
+
+[211] S. R., first Congress, 2d session, no. 58.
+
+[212] G. O. M. D. G., 1870, no. 2, 14, 16, 17.
+
+[213] S. O. M. D. G., no. 4, 5, 6, 8, 9, 11, 14, 17.
+
+[214] _Ibid._, no. 10 and 11.
+
+[215] H. J., 1870, p. 3.
+
+[216] S. J., 1870, p. 3; H. J., p. 7.
+
+[217] H. J., p. 17.
+
+[218] S. J., 1870., p. 26.
+
+[219] H. J., 1870, p. 3.
+
+[220] _Ibid._, pp. 19 and 21.
+
+[221] See also a letter from Sherman to Terry, published in K. K. R., vol.
+i, p. 311.
+
+[222] Judge Cabaniss in Atlanta _Constitution_, Jan. 8, 1870.
+
+[223] H. J., 1870, p. 9.
+
+[224] G. O. M. D. G., 1870, no. 3 and 4.
+
+[225] _Ibid._, no. 9 and 11.
+
+[226] _Ibid._, no. 9.
+
+[227] _Ibid._, no. 9 and 11.
+
+[228] Atlanta _Constitution_, Jan. 27, 1870.
+
+[229] C. G., 41st Congress, 2d session, p. 1926 (Trumbull's speech).
+
+[230] H. J., 1870, p. 22.
+
+[231] H. J., 1870, p. 23.
+
+[232] _Ibid._, p. 25.
+
+[233] _Ibid._, p. 26.
+
+[234] G. O. M. D. G., 1870, no. 10.
+
+[235] H. J., 1870, p. 33.
+
+[236] C. G., 41st Congress, 2d session, p. 208.
+
+[237] S. J., 1870, p. 74; H. J., p. 74.
+
+[238] See Bullock's message, H. J., 1870, p. 52.
+
+[239] H. J., 1870, p. 95.
+
+[240] _Ibid._, pp. 113, 156.
+
+[241] H. J., 1870, p. 106.
+
+[242] _Ibid._, p. 140.
+
+[243] _Ibid._, p. 121.
+
+[244] C. G., 41st Congress, 2d session, p. 576. For Sherman's reply see E.
+D., 41st Congress, 2d session, no. 82.
+
+[245] C. G., 41st Congress, 2d session, p. 1029.
+
+[246] _Ibid._, p. 1128.
+
+[247] S. R., 41st Congress, 2d session, no. 58.
+
+[248] Chicago _Tribune_, Dec. 7, 1868.
+
+[249] C. G., 41st Congress, 2d session, pp. 1570, 1704.
+
+[250] C. G., 41st Congress, 2d session, p. 1770.
+
+[251] _Ibid._
+
+[252] _Ibid._, p. 1988.
+
+[253] C. G., 41st Congress, 2d session, p. 2091.
+
+[254] _Ibid._, pp. 2820, ff.
+
+[255] _Ibid._, p. 2829.
+
+[256] _Ibid._, p. 4747.
+
+[257] U. S. L., vol. 16, Public Laws, p. 363.
+
+[258] H. J., 1870, p. 181.
+
+[259] S. J., 1870, vol. ii, p. 29.
+
+[260] _Ibid._, p. 50; H. J., p. 343.
+
+[261] C. G., 41st Congress, 3d session, pp. 527, 530, 678, 703, 1086.
+
+[262] S. R., 41st Congress, 3d session, no. 308.
+
+[263] C. G., 41st Congress, 3d session, pp. 871, 1632.
+
+[264] J. C., p. 14.
+
+[265] J. C., pp. 16, 17.
+
+[266] _Ibid._, p. 587.
+
+[267] _Ibid._, pp. 49, 53.
+
+[268] _Ibid._, p. 581.
+
+[269] _Ibid._, p. 75.
+
+[270] _Ibid._, p. 63.
+
+[271] _Ibid._, p. 84.
+
+[272] _Ibid._, pp. 581, 594.
+
+[273] _Ibid._, p. 68.
+
+[274] J. C., p. 583.
+
+[275] _Ibid._, p. 593.
+
+[276] _Ibid._, p. 591.
+
+[277] See J. C., 1865, p. 201 (speech of H. V. Johnson).
+
+[278] J. C., 1867-8, p. 90.
+
+[279] _Ibid._, p. 39.
+
+[280] _Ibid._, p. 47.
+
+[281] M. F. U., Dec. 24, 1867, Jan. 7, Jan. 14, 1868.
+
+[282] H. J., 1868, p. 294.
+
+[283] H. J., 1868, p. 303.
+
+[284] S. J., 1868, p. 326.
+
+[285] H. J., 1869, p. 5.
+
+[286] _Ibid._, p. 228.
+
+[287] H. J., p. 54.
+
+[288] _Ibid._, p. 260.
+
+[289] _Ibid._, p. 265.
+
+[290] H. J., 1869, p. 575.
+
+[291] _Ibid._, 1869, p. 618.
+
+[292] S. J., p. 806.
+
+[293] G. O. M. D. G., 1870, no. 9 and 11.
+
+[294] S. J., 1870, p. 39.
+
+[295] H. J., pp. 34, 40, 84, 88.
+
+[296] The complexion of the legislature when composed of the men elected
+in April, 1868, was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  22   |      73    |
+  |Conservatives|  22   |     102    |
+  +-------------+-------+------------+
+
+After the colored members were expelled and their seats given to the
+minority candidates, it was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  19   |      48    |
+  |Conservatives|  25   |     127    |
+  +-------------+-------+------------+
+
+After the reorganization of 1870 it was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  27   |      87    |
+  |Conservatives|  17   |      83    |
+  +-------------+-------+------------+
+
+The figures in the second and third tables are based upon the changes
+produced only by the official transactions referred to. Perhaps some
+slight corrections might be made on account of accidental circumstances,
+such as the non-attendance or death of a few members.
+
+[297] See K. K. R., vol. 6, p. 149; vol. 7, p. 1062.
+
+[298] H. J., 1870, p. 156.
+
+[299] H. M. D., 40th Congress, 3d session, no. 52, p. 27.
+
+[300] Savannah _News_, Jan. 12, 1870.
+
+[301] H. J., p. 50.
+
+[302] M. F. U., Feb. 15, 1870
+
+[303] M. F. U., Jan. 25, 1870.
+
+[304] H. J., p. 343.
+
+[305] S. L., 1870, p. 62.
+
+[306] _Ibid._, p. 431.
+
+[307] Tribune Almanac, 1871, p. 75.
+
+[308] M. F. U., March 14, 8871; Atlanta _Constitution_, Oct. 26 and 31,
+1871.
+
+[309] Art. iii, sect. i, § 3.
+
+[310] S. L., 1870, p. 419.
+
+[311] E. M., 1870-74, p. 197.
+
+[312] See entry of the secretary of state, _ibid._
+
+[313] Art. iv, sect. i,§ 4.
+
+[314] E. M., 1870-74, p. 198.
+
+[315] Atlanta _Constitution_, Nov. 3, 1871.
+
+[316] S. J., 1871, p. 17.
+
+[317] Atlanta _Constitution_, Nov. 2, 1871.
+
+[318] S. L., 1871, p. 27.
+
+[319] Art. iv, sect. i, § 4.
+
+[320] H. J., 1871, p. 179.
+
+[321] For vetoed bills see S. L., 1871 and 1872, pp. 12, 15, 18, 27, 68,
+74. See also _ibid._, p. 260, and H. J., 1872, p. 25.
+
+[322] E. M., 1870-74, p. 277 (pardon of V. A. Gaskill); Minutes of Fulton
+County Superior Court, vol. J, p. 404 (pardon of F. Blodgett).
+
+[323] H. J., 1872, p. 25.
+
+[324] _Ibid._, p. 31.
+
+[325] K. K. R., vol. 6, p. 327.
+
+[326] Digest of tax laws, 1859, p. 11.
+
+[327] S. L., 1865-66, p. 253.
+
+[328] _Ibid._, 1866, p. 164.
+
+[329] _Ibid._, 1868, p. 152; 1869, p. 159.
+
+[330] B. L., p. 11.
+
+[331] C. R., 1870 (printed in S. J., 1870, part ii, p. 83).
+
+[332] C. R., 1870.
+
+[333] C. R., April, 1871.
+
+[334] C. R., April, 1872.
+
+[335] B. L., p. 9; B. A., p. 42.
+
+[336] Report of state treasurer Jones, published in H. J., 1868, p. 361;
+R. C., 1870; R. C., April, 1871; R. C., April, 1872.
+
+[337] S. L., 1865-1866, pp. 12 and 14; _ibid._, 1866, pp. 10, 11, 143.
+
+[338] Compiled from the financial documents above cited.
+
+[339] S. L., 1865-66, p. 250.
+
+[340] Compiled from the financial reports above cited.
+
+The enemies of reconstruction were fond of placing the state expenses of
+Bullock's administration in juxtaposition with those before the war.
+Contrasts truly horrible could thus be produced. But it was not a fair
+comparison, for the expenses in such circumstances as prevailed after the
+war and after the social revolution would naturally be larger than before.
+The expenses of many states besides those which enjoyed reconstruction
+increased largely after the war. _E.g._ the records of Pennsylvania show
+that "Expenses of Government" were--
+
+  In 1857      $423,448.89
+     1858       399,888.36
+     1860       404,863.41
+     1866       668,909.63
+     1867       802,878.58
+     1868       845,539.89
+     1869       804,730.17
+     1870       826,069.25
+
+Pennsylvania Executive Documents, Auditor's Reports, for the years named.
+In Massachusetts the "Ordinary Expenses" were--
+
+  In 1857      $1,236,204.26
+     1858       1,008,620.50
+     1859         999,899.76
+     1860       1,193,896.41
+     1866       6,877,720.85
+     1867       5,953,003.31
+     1868       5,908,678.48
+
+Massachusetts Public Documents for the years named.
+
+[341] C. R., 1870.
+
+[342] C. R., April, 1871, p. 14; C. R., April, 1872, p. 17; B. L., p. 13;
+Conley's message to the legislature, Jan. 11, 1872 (quoted in B. A., p. 6,
+and in K. K. R., vol. i, p. 141).
+
+Of these bonds 3,000, representing a debt of $3,000,000, were issued under
+a law of Sept. 15, 1870 (S. L., 1870, p. 10), authorizing the governor to
+issue bonds for various purposes without specified limit as to amount. The
+rest were issued under an act of Oct. 17, 1870 (omitted from the session
+laws, see Conley's message just cited), authorizing the governor to issue
+to the Brunswick and Albany railroad state bonds to the amount of
+$1,880,000 in exchange for bonds of the railroad to the amount of
+$2,350,000.
+
+In addition to the bonds already mentioned, bonds to the amount of
+$600,000 were issued under acts of 1868 (S. L., 1868, pp. 14 and 138.)
+These were not sold and were returned to the possession of the state
+during Bullock's administration (Angier's statement, K. K. R., vol. 6, p.
+162). Also, before the issue of $3,000,000 mentioned, bonds to the amount
+of $2,000,000 were issued (Conley's message cited). These were
+hypothecated with several bankers in New York. Some of them, amounting to
+$500,000, were returned and cancelled during Bullock's administration
+(Conley's message). The rest, amounting to $1,500,000, remained in the
+hands of the bankers. Conley stated, in January, 1872 (message cited),
+that these bonds had been replaced by bonds of a later issue and canceled
+during Bullock's administration, and had therefore ceased to be a claim
+against the state. This statement conflicts with three facts. 1. The
+bankers who held these bonds refused to return them after their alleged
+cancellation. 2. One of these bankers sold the bonds which he held after
+their alleged cancellation (Henry Clews, _Twenty-eight Years in Wall
+Street_, p. 277). 3. The legislature of Georgia repudiated these bonds in
+1872, which would have been unnecessary if they had been cancelled. It
+seems probable, therefore, though not certain, that this $1,500,000 should
+be added to the debt incurred by the reconstruction government.
+
+[343] S. L., 1868, title xvii.
+
+[344] _Ibid._, 1869, title xv.
+
+[345] _Ibid._, 1870, title xi, division vii.
+
+[346] Angier's statement, K. K. R., vol. i, p. 129.
+
+[347] Conley's message above cited.
+
+[348] It is to be remarked, however, that four of the roads whose bonds
+the state had guaranteed became bankrupt before 1874. See Poor's Railroad
+Manual for 1873-4, pp. 432 and 582; and for 1874-5, p. 426.
+
+[349] E. M., 1870-74, p. 449.
+
+[350] See the case of Hoyt, Minutes of Fulton County Superior Court, vol.
+I, pp. 371, 445.
+
+[351] Report of the investigating committee of the legislature appointed
+in Dec., 1871. Its report was printed in Atlanta in 1872. It is bitterly
+partisan, but a minority report made by a Republican admits, with humorous
+resignation, that the charges are true.
+
+[352] A. A. C., 1869, P. 305.
+
+[353] See K. K. R., vol. i, pp. 137 and 138. The statements are on pp. 11
+and 12 of the letter as published in Atlanta in 1871.
+
+[354] See Conley's message cited.
+
+[355] In the latter part of 1868 and in 1869 the governor paid to a
+certain H. I. Kimball $54,500 from the treasury. He paid this to be used
+in furnishing a building which was at that time occupied as the state
+capital. (Bullock's statement, B. A., p. 29.) There was no law authorizing
+this payment, nor was the state under any obligation to make it. The state
+bought the building in 1870 by an act of the legislature which provided
+that the $54,500 should be counted as part of the price. Thus Bullock's
+advance was ratified by the state. (S. L., 1870, p. 494.) This, however,
+does not change the character of the act.
+
+[356] See C. R., April, 1871, and April, 1872. Bullock was accused of
+indorsing the bonds of three railroads contrary to law. In the case of two
+of these (the Cartersville and Van Wert, or Cherokee railroad, and the
+Bainbridge, Cuthbert and Columbus railroad) he refuted the charge beyond
+contradiction in his address to the public of 1872. In the case of the
+third (the Brunswick and Albany railroad) he admitted that he had indorsed
+bonds before the road had complied with the conditions required by law,
+but said that he did it for the public good. (B. A., pp. 39-41.)
+
+[357] Atlanta _Constitution_, Jan. 3, 1878; Minutes of the Fulton County
+Superior Court, vol. N, p. 261.
+
+[358] _Ibid._, pp. 263, 273.
+
+[359] Atlanta _New Era_, Oct. 31, 1871. Printed as an appendix to B. A.
+
+[360] Appendix to B. L. (printed in K. K. R., vol. 7, p. 825).
+
+[361] K. K. R., vol. 7, pp. 767 and 780.
+
+
+
+
+STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
+
+EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY.
+
+
+VOLUME I, 1891-2. Second Edition, 1897. 396 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. The Divorce Problem--A Study in Statistics. By Walter F. Willcox, Ph.
+D. Price, 75˘.
+
+2. The History of Tariff Administration in the United States, from
+Colonial Times to the McKinley Administrative Bill. By John Dean Goss, Ph.
+D. Price, $1.00.
+
+3. History of Municipal Land Ownership on Manhattan Island. By George
+Ashton Black, Ph. D. Price, $1.00.
+
+4. Financial History of Massachusetts. By Charles H. J. Douglas, Ph. D.
+(_Not sold separately._)
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+VOLUME II, 1892-93. 503 pp.
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+3. Special Assessments: A Study in Municipal Finance. By Victor Rosewater,
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+VOLUME III, 1893. 465 pp.
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+2. The Inheritance Tax. By Max West, Ph. D. (_Out of print._)
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+1. History of the Transition from Provincial to Commonwealth Government in
+Massachusetts. By Harry A. Cushing, Ph. D. Price, $2.00.
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+2. Speculation on the Stock and Produce Exchanges of the United States. By
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+Reconstruction. By Charles Ernest Chadsey, Ph. D. Price, $1.00.
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+2. Recent Centralizing Tendencies in State Educational Administration. By
+William Clarence Webster, Ph. D. Price, 75˘.
+
+3. The Abolition of Privateering and the Declaration of Paris. By Francis
+R. Stark, LL. B., Ph. D. Price, $1.00.
+
+4. Public Administration in Massachusetts. The Relation of Central to
+Local Activity. By Robert Harvey Whitten, Ph. D. Price, $1.00.
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+
+The Growth of Cities. By Adna Ferrin Weber, Ph.D. Price, $3.50; bound,
+$4.00.
+
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+Price, $3.50; bound, $4.00.
+
+1. History and Functions of Central Labor Unions. By William Maxwell
+Burke, Ph. D. Price, $1.00.
+
+2. Colonial Immigration Laws. By Edward Emberson Proper, A.M. Price, 75˘.
+
+3. History of Military Pension Legislation in the United States. By
+William Henry Glasson, Ph.D. Price, $1.00.
+
+4. History of the Theory of Sovereignty since Rousseau. By Charles E.
+Merriam, Jr., Ph.D. Price, $1.50.
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+VOLUME XIII, 1901. 570 pp.
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+Price, $3.50; bound, $4.00.
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+1. The Legal Property Relations of Married Parties. By Isidor Loeb, Ph. D.
+Price, $1.50.
+
+2. Political Nativism in New York State. By Louis Dow Scisco; Ph. D.
+Price, $2.00.
+
+3. The Reconstruction of Georgia. By Edwin C. Woolley, Ph. D. Price,
+$1.00.
+
+
+VOLUME XIV, 1901.
+
+1. Loyalism in New York during the American Revolution. By Alexander
+Clarence Flick, Ph. D. Price, $2.00.
+
+2. The Economic Theory of Risk and Insurance. By Allan H. Willett, Ph. D.
+Price, $1.50.
+
+
+VOLUME XV, 1901.
+
+Civilization through Crime. By Arthur Cleveland Hall. [_Ready in July._]
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+For further information apply to
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+
+Transcriber's Notes:
+
+Passages in italics are indicated by _italics_.
+
+Footnote 141 appears on page 51, but there is no corresponding marker on
+the page.
+
+Punctuation has been corrected without note.
+
+The following misprints have been corrected:
+  "consitutional" corrected to "constitutional" (page 12)
+  "conventton" corrected to "convention" (page 12)
+  "repudiaation" corrected to "repudiation" (page 12)
+  "and and" corrected to "and" (page 14)
+  "attitnde" corrected to "attitude" (page 22)
+  "acording" corrected to "according" (page 59)
+  "admendment" corrected to "amendment" (page 83)
+  "we we" corrected to "we" (page 87)
+  "reconstructien" corrected to "reconstruction" (page 91)
+  "circumsances" corrected to "circumstances" (page 93)
+  "expeditures" corrected to "expenditures" (page 101)
+  "iuterchange" corrected to "interchange" (page 106)
+  "hfs" corrected to "his" (page 107)
+  "polictical" corrected to "political" (page 108)
+
+Other than the corrections listed above, inconsistencies in spelling and
+hyphenation have been retained from the original.
+
+
+
+
+
+
+End of Project Gutenberg's The Reconstruction of Georgia, by Edwin C. Woolley
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+<pre>
+
+Project Gutenberg's The Reconstruction of Georgia, by Edwin C. Woolley
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Reconstruction of Georgia
+       Studies in History, Economics and Public Law, Vol. 13, No. 3, 1901
+
+Author: Edwin C. Woolley
+
+Release Date: March 12, 2011 [EBook #35559]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE RECONSTRUCTION OF GEORGIA ***
+
+
+
+
+Produced by Bryan Ness and the Online Distributed
+Proofreading Team at http://www.pgdp.net (This file was
+produced from images generously made available by The
+Internet Archive.)
+
+
+
+
+
+
+</pre>
+
+
+
+
+<p class="center"><span class="big">3</span></p>
+<p class="center"><span class="big">THE RECONSTRUCTION OF GEORGIA</span></p>
+
+<p><span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span></p>
+<p>&nbsp;</p>
+<p><span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span></p>
+
+<p class="center">STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW</p>
+<p class="center"><small>EDITED BY THE FACULTY OF POLITICAL SCIENCE OF<br />COLUMBIA UNIVERSITY</small></p>
+<p class="center"><span class="smcap">Volume XIII</span>]<span class="spacer2">&nbsp;</span>[<span class="smcap">Number 3</span></p>
+<p>&nbsp;</p>
+<p class="center"><span class="big">THE</span><br /><br /><span class="huge">RECONSTRUCTION OF GEORGIA</span></p>
+<p>&nbsp;</p>
+<p class="center">BY<br /><span class="big">EDWIN C. WOOLLEY, Ph.D.</span></p>
+<p>&nbsp;</p>
+<div class="figcenter"><img src="images/printer.jpg" alt="" /></div>
+<p>&nbsp;</p>
+<p class="center">New York<br />THE COLUMBIA UNIVERSITY PRESS<br />THE MACMILLAN COMPANY, AGENTS<br />
+<span class="smcap">London: P. S. King &amp; Son</span><br />1901</p>
+
+
+<p><span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span></p>
+<p>&nbsp;</p>
+<p><span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<h2>TABLE OF CONTENTS</h2>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>&nbsp;</td><td align="right"><small>PAGE</small></td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_I">CHAPTER I</a></small></td></tr>
+<tr><td align="center">Presidential Reconstruction</td><td align="right"><a href="#Page_9">9</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_II">CHAPTER II</a></small></td></tr>
+<tr><td align="center">The Johnson Government</td><td align="right"><a href="#Page_16">16</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_III">CHAPTER III</a></small></td></tr>
+<tr><td align="center">Congress and the Johnson Governments&mdash;The Reconstruction Acts of 1867</td><td align="right"><a href="#Page_24">24</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_IV">CHAPTER IV</a></small></td></tr>
+<tr><td align="center">The Administrations of Pope and Meade</td><td align="right"><a href="#Page_38">38</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_V">CHAPTER V</a></small></td></tr>
+<tr><td align="center">The Supposed Restoration of 1868</td><td align="right"><a href="#Page_49">49</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_VI">CHAPTER VI</a></small></td></tr>
+<tr><td align="center">The Expulsion of the Negroes from the Legislature and the Uses to which this Event was applied</td><td align="right"><a href="#Page_56">56</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_VII">CHAPTER VII</a></small></td></tr>
+<tr><td align="center">Congressional Action Regarding Georgia from December, 1868, to December, 1869</td><td align="right"><a href="#Page_63">63</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span><small><a href="#CHAPTER_VIII">CHAPTER VIII</a></small></td></tr>
+<tr><td align="center">The Execution of the Act of December 22, 1869, and the Final Restoration</td><td align="right"><a href="#Page_72">72</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_IX">CHAPTER IX</a></small></td></tr>
+<tr><td align="center">Reconstruction and the State Government</td><td align="right"><a href="#Page_87">87</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td align="center"><small><a href="#CHAPTER_X">CHAPTER X</a></small></td></tr>
+<tr><td align="center">Conclusion</td><td align="right"><a href="#Page_109">109</a></td></tr>
+<tr><td align="center">Bibliography</td><td align="right"><a href="#Page_111">111</a></td></tr></table>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span></p>
+<h2>LIST OF ABBREVIATIONS</h2>
+
+<div class="note">
+<p>A. A. C. = American Annual Cyclopaedia.</p>
+
+<p>B. A. = Address of Bullock to the people of Georgia, a pamphlet dated 1872.</p>
+
+<p>B. L. = Letter from Bullock to the chairman of the Ku Klux Committee, published in Atlanta in 1871.</p>
+
+<p>C. G. = Congressional Globe.</p>
+
+<p>C. R. = Report of the State Comptroller.</p>
+
+<p>E. D. = United States Executive Documents.</p>
+
+<p>E. M. = Executive Minutes (of Georgia).</p>
+
+<p>G. O. D. S. = General Orders issued in the Department of the South.</p>
+
+<p>G. O. H. = General Orders issued from the headquarters of the army.</p>
+
+<p>G. O. M. D. G. = General Orders issued in the Military District of Georgia.</p>
+
+<p>G. O. T. M. D. = General Orders issued in the Third Military District.</p>
+
+<p>H. J. = Journal of the Georgia House of Representatives.</p>
+
+<p>H. M. D. = United States House Miscellaneous Documents.</p>
+
+<p>J. C., 1865 = Journal of the Georgia Constitutional Convention of 1865.</p>
+
+<p>J. C., 1867-8 = Journal of the Georgia Constitutional Convention of 1867-8.</p>
+
+<p>K. K. R. = Ku Klux Report (Report of the Joint Committee of Congress on
+the Conditions in the Late Insurrectionary States, submitted at the 2d
+session of the 42d Congress, 1872).</p>
+
+<p>M. C. U. = Milledgeville <i>Confederate Union</i>.</p>
+
+<p>M. F. U. = Milledgeville <i>Federal Union</i>.</p>
+
+<p>R. C. = Reports of Committees of the United States House of Representatives.</p>
+
+<p>R. S. W. = Report of the Secretary of War.</p>
+
+<p>S. D. = United States Senate Documents.</p>
+
+<p>S. J. = Journal of the Georgia Senate.</p>
+
+<p>S. L. = Session Laws of Georgia.</p>
+
+<p>S. R. = United States Senate Reports.</p>
+
+<p>S. O. M. D. G. = Special Orders issued in the Military District of Georgia.</p>
+
+<p>S. O. T. M. D. = Special Orders issued in the Third Military District.</p>
+
+<p>U. S. L. = United States Statutes at Large.</p></div>
+
+<p><span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span></p>
+<h2><a name="CHAPTER_I" id="CHAPTER_I"></a>CHAPTER I</h2>
+<p class="center"><span class="big">PRESIDENTIAL RECONSTRUCTION</span></p>
+
+<p>The question, what political disposition should be made of the Confederate
+States after the destruction of their military power, began to be
+prominent in public discussion in December, 1863. It was then that
+President Lincoln announced his policy upon the subject, which was to
+restore each state to its former position in the Union as soon as
+one-tenth of its population had taken the oath of allegiance prescribed in
+his amnesty proclamation and had organized a state government pledged to
+abolish slavery. This policy Lincoln applied to those states which were
+subdued by the federal forces during his administration, viz., Tennessee,
+Arkansas and Louisiana. When the remaining states of the Confederacy
+surrendered in 1865, President Johnson applied the same policy, with some
+modifications, to each of them (except Virginia, where he simply
+recognized the Pierpont government).</p>
+
+<p>Before this policy was put into operation, however, an effort was made by
+some of the leaders of the Confederacy to secure the restoration of those
+states to the Union without the reconstruction and the pledge required by
+the President. After the surrender of Lee&#8217;s army (April 9, 1865), General
+J. E. Johnston, acting under the authority of Jefferson Davis and with the
+advice of Breckenridge, the Confederate Secretary of War, and Reagan, the
+Confederate Postmaster General, proposed to General Sherman the surrender
+of all the Confederate armies then in existence on certain <span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span>conditions.
+Among these was the condition that the executive of the United States
+should recognize the lately hostile state governments upon the renewal by
+their officers of their oath of allegiance to the federal Constitution,
+and that the people of the states so recognized should be guaranteed, so
+far as this lay in the power of the executive, their political rights as
+defined by the federal Constitution. Sherman signed a convention with
+Johnston agreeing to these terms, on April 18. That he intended by the
+agreement to commit the federal government to any permanent policy is
+doubtful. But when the convention was communicated for ratification to his
+superiors at headquarters, they showed the most decided opposition to
+granting the terms proposed even temporarily. The convention was
+emphatically disavowed, and on April 26 Sherman had to content himself
+with the surrender of Johnston&#8217;s army only, agreed to on purely military
+terms.<a name="fna1_1" id="fna1_1"></a><a href="#f1_1" class="fnanchor">[1]</a></p>
+
+<p>Georgia formed a part of the district under the command of General
+Johnston. As soon, therefore, as the news of the surrender could reach
+that state, hostilities there ceased. On May 3, Governor Brown issued a
+summons for a meeting of the state legislature to take place on May 22, in
+order that measures might be taken &#8220;to prevent anarchy, restore and
+preserve order, and save what [could be saved] of liberty and
+civilization.&#8221;<a name="fna2_2" id="fna2_2"></a><a href="#f2_2" class="fnanchor">[2]</a> At a time of general consternation, when military
+operations had displaced local government and closed the courts in many
+places, when the whole population was in want<a name="fna3_3" id="fna3_3"></a><a href="#f3_3" class="fnanchor">[3]</a> through the devastation
+of the war or through the collapse of the Confederate currency which<span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span>
+followed the collapse of the Confederate army,<a name="fna4_4" id="fna4_4"></a><a href="#f4_4" class="fnanchor">[4]</a> the need of such
+measures was apparent.</p>
+
+<p>The calling of the legislature incurred the disapproval of the federal
+authorities for two reasons. First, they regarded it as an attempt to
+prepare for further hostilities, and they accordingly arrested Brown,
+carried him to Washington, and put him in prison.<a name="fna5_5" id="fna5_5"></a><a href="#f5_5" class="fnanchor">[5]</a> Second, in any case,
+as the disavowal of the convention of April 18 had shown, they did not
+intend to allow the state governments of the South to resume their regular
+activities at once, and accordingly the commander of the Department of the
+South issued orders on May 15, declaring void the proclamation of Joseph
+E. Brown, &#8220;styling himself Governor of Georgia,&#8221; and forbidding obedience
+thereto.<a name="fna6_6" id="fna6_6"></a><a href="#f6_6" class="fnanchor">[6]</a></p>
+
+<p>The federal army now took control of the entire state government.
+Detachments were stationed in all the principal towns and county seats,
+and the commanders sometimes removed the civil officers and appointed
+others, sometimes allowed them to remain, subject to their direction.
+Military orders were issued regarding a wide range of civil affairs, such
+as school administration, sanitary provisions, the regulation of trade,
+the fixing of prices at which commodities should be sold, etc.<a name="fna7_7" id="fna7_7"></a><a href="#f7_7" class="fnanchor">[7]</a> The
+provost marshal&#8217;s courts were <span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span>further useful, to some extent, as
+substitutes for the state courts, whose operations were largely
+interrupted.<a name="fna8_8" id="fna8_8"></a><a href="#f8_8" class="fnanchor">[8]</a> Directions to the officers of the Department admonished
+them that &#8220;the military authority should sustain, not assume the functions
+of, civil authority,&#8221; except when the latter course was necessary to
+preserve the peace.<a name="fna9_9" id="fna9_9"></a><a href="#f9_9" class="fnanchor">[9]</a> This admonition from headquarters, issued after the
+President&#8217;s plan for reinstating Georgia in the Union had been put into
+operation, reflects his desire for a quick restoration of normal
+government.</p>
+
+<p>President Johnson announced his policy toward the seceded states in his
+proclamation of May 29, 1865, regarding North Carolina. By it a
+provisional governor was appointed for that state, with the duty of making
+the necessary arrangements for the meeting of a <ins class="correction" title="original: consitutional">constitutional</ins> convention,
+to be composed of and elected by men who had taken the oath of allegiance
+prescribed by, the President&#8217;s amnesty proclamation of the same date, and
+who were qualified voters according to the laws of the state in force
+before the war. The proclamation did not state what the President would
+require of the <ins class="correction" title="original: conventton">convention</ins>, but we may mention by way of anticipation that
+his requirements were the revocation of the ordinance of secession, the
+construction of a new state government in place of the rebel government,
+the <ins class="correction" title="original: repudiaation">repudiation</ins> of the rebel debt, and the abolition of slavery within the
+state. The provisional governor was further authorized to do whatever was
+&#8220;necessary and proper to enable [the] loyal people of the state of North
+Carolina to restore said state to its constitutional relations to the
+federal government.&#8221;<a name="fna10_10" id="fna10_10"></a><a href="#f10_10" class="fnanchor">[10]</a></p>
+
+<p><span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span>For each of the states subdued in 1865, except Virginia, a provisional
+governor was appointed by a similar proclamation. On June 17, James
+Johnson, a citizen of Georgia, was appointed to the position in that
+state.<a name="fna11_11" id="fna11_11"></a><a href="#f11_11" class="fnanchor">[11]</a> On July 13th, he issued a proclamation providing for the
+election of the convention. Delegates were distributed on the basis of the
+legislature of 1860; the first Wednesday in October was set for the
+election, and the fourth Wednesday in the same month for the meeting of
+the convention.<a name="fna12_12" id="fna12_12"></a><a href="#f12_12" class="fnanchor">[12]</a> Next, the provisional governor undertook the task of
+securing popular support to the programme of restoration. To encourage
+subscription to the amnesty oath (a prerequisite to voting for delegates
+to the convention) he removed the disagreeable necessity of taking it
+before the military authorities by directing the ordinary and the clerk of
+the Superior Court of each county to administer it.<a name="fna13_13" id="fna13_13"></a><a href="#f13_13" class="fnanchor">[13]</a> He made many
+speeches throughout the state urging the citizens to take the amnesty
+oath, to enter earnestly into the election of the convention, and to
+submit quietly to the conditions imposed by the President.</p>
+
+<p>His efforts were very successful. This was partly due to the place he held
+in public estimation. He was a lawyer widely known and universally
+respected. It was also partly due to the attitude of Governor Brown.
+Brown, after a confinement of several weeks in prison at Washington,
+secured an interview with President Johnson, and satisfied the President
+that his object in calling the legislature was simply public relief, that
+he had no intention to prolong the war, but<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span> calmly submitted to the fact
+that his side was defeated.<a name="fna14_14" id="fna14_14"></a><a href="#f14_14" class="fnanchor">[14]</a> This explanation and the spirit displayed
+were so satisfactory to Johnson that Brown was released, and permitted to
+return to Georgia. His return, remarked Johnson, &#8220;can be turned to good
+account. He will at once go to work and do all he can in restoring the
+state.&#8221;<a name="fna15_15" id="fna15_15"></a><a href="#f15_15" class="fnanchor">[15]</a> This prediction proved correct. The war governor of Georgia
+became the type of those Secessionists who practised and counseled quiet
+acceptance of the terms imposed by the conqueror, as the most sensible and
+advantageous course. On June 29th he issued an address to the people of
+Georgia, resigning the governorship, and advising acquiescence in the
+abolition of slavery and active participation in the reorganization of the
+state government according to the President&#8217;s wishes.<a name="fna16_16" id="fna16_16"></a><a href="#f16_16" class="fnanchor">[16]</a> The assumption
+of this attitude by Brown grieved and offended some of his fellow
+Secessionists. But the majority shared his opinion. The provisional
+governor was welcomed, <ins class="correction" title="original: and and">and</ins> his speeches approved on all sides.<a name="fna17_17" id="fna17_17"></a><a href="#f17_17" class="fnanchor">[17]</a> The
+result was that the convention which met on October 25th was a body
+distinguished for the reputation and ability of its members.</p>
+
+<p>The convention was called to order by the provisional governor, and chose
+as permanent chairman Herschel V. Johnson.<a name="fna18_18" id="fna18_18"></a><a href="#f18_18" class="fnanchor">[18]</a> Then a message from the
+provisional governor was read, suggesting certain measures of finance and
+other state business requiring immediate action, suggesting also certain
+alterations in the state judiciary, but especially pointing out the chief
+objects of the convention, viz., the passage of those acts requisite for
+the restoration of the<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span>
+state.<a name="fna19_19" id="fna19_19"></a><a href="#f19_19" class="fnanchor">[19]</a> These measures the convention quickly
+proceeded to pass. On October 26th it repealed the ordinance of secession
+and the ordinance ratifying the Confederate constitution;<a name="fna20_20" id="fna20_20"></a><a href="#f20_20" class="fnanchor">[20]</a> by paragraph
+20 of article I. of the new constitution it abolished slavery in the
+state; and on November 8th, the last day of the session, it declared the
+state debt contracted to aid the Confederacy void.<a name="fna21_21" id="fna21_21"></a><a href="#f21_21" class="fnanchor">[21]</a> The convention
+provided for a general state election on the following November 15th, and
+to expedite complete restoration, anticipated the regular work of the
+legislature by creating congressional districts, in order that Georgia&#8217;s
+representatives might be chosen at that election.<a name="fna22_22" id="fna22_22"></a><a href="#f22_22" class="fnanchor">[22]</a></p>
+
+<p>One thing now remained to be done before the President would withdraw
+federal power and leave the state to its own government, viz.,
+ratification of the Thirteenth Amendment. The legislature elected on
+November 15th assembled on December 4th.<a name="fna23_23" id="fna23_23"></a><a href="#f23_23" class="fnanchor">[23]</a> The provisional governor,
+according to the President&#8217;s directions,<a name="fna24_24" id="fna24_24"></a><a href="#f24_24" class="fnanchor">[24]</a> laid the Thirteenth Amendment
+before it. The Amendment was ratified on December 9th.<a name="fna25_25" id="fna25_25"></a><a href="#f25_25" class="fnanchor">[25]</a> After this the
+provisional governor was relieved, the governor elect was inaugurated
+(December 14th), and the President sent a courteous message of recognition
+to the latter.<a name="fna26_26" id="fna26_26"></a><a href="#f26_26" class="fnanchor">[26]</a></p>
+
+<p>Thus the President, having reconstructed the state government, had
+restored Georgia to statehood so far as its internal government was
+concerned. There remained only the admission of its representatives to
+Congress to complete the restoration.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span></p>
+<h2><a name="CHAPTER_II" id="CHAPTER_II"></a>CHAPTER II</h2>
+<p class="center"><span class="big">THE JOHNSON GOVERNMENT</span></p>
+
+<p>From the conduct of the state governments formed in Georgia and the other
+southern states under the direction of President Johnson, the public
+opinion of the North drew conclusions regarding three things; the
+disposition of the people represented by those governments toward the
+emancipated slaves, their attitude toward the cause for which they had
+fought, and their feeling toward the power which had subdued them. This
+chapter treats the Johnson government of Georgia from the same points of
+view.</p>
+
+<p>Whatever may have been the prevailing disposition of the white people
+toward the slaves while slavery flourished, shortly before the close of
+the war that disposition was characterized by benevolence and gratitude.
+In spite of the opportunities of escape, and of plunder and other
+violence, offered by the times, the slaves had acted with singular
+faithfulness and devotion.<a name="fna27_27" id="fna27_27"></a><a href="#f27_27" class="fnanchor">[27]</a> The gratitude of their masters even went so
+far as to propose plans for the general education of the negroes.<a name="fna28_28" id="fna28_28"></a><a href="#f28_28" class="fnanchor">[28]</a></p>
+
+<p>The close of the war and the advent of emancipation produced a change in
+the conduct of the negroes, which in time produced a change in the
+attitude of the white people. The negroes, from the talk which they heard
+and did not understand, and from their ignorant imaginations, conceived
+strange ideas of emancipation. They supposed it meant<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> governmental
+bounty, idleness, and wealth. They abandoned their work, wandered about
+the country, collected in towns&mdash;in short, manifested a general
+restlessness and demoralization. This caused alarm and apprehension among
+the white people. There were other causes of friction between the two
+races. Many negroes, on discovering that they were free, assumed what are
+known as &#8220;airs;&#8221; and then as now, among things intolerable to a southern
+white man a &#8220;sassy nigger&#8221; held a curious pre-eminence. The airs of the
+negro and the wrath of the white man were both augmented by officious
+members of the Freedmen&#8217;s Bureau. Moreover, because the negroes had gained
+by the humiliation of the South, they received a share of the venom of
+defeat. Another element of discord was furnished by a particular part of
+the white population, the so-called poor whites. These saw in the new
+<i>prot&eacute;g&eacute;s</i> of the United States not only a rival laboring class, but a
+menace to their social position, and hence assumed an attitude of jealousy
+and hatred. Such were the conditions favorable to social disturbance which
+followed emancipation. In the latter part of 1865 they had already begun
+to produce their natural result. Violent encounters between negroes and
+white men (in which the latter were almost always the aggressors) were
+noticeably frequent.<a name="fna29_29" id="fna29_29"></a><a href="#f29_29" class="fnanchor">[29]</a></p>
+
+<p>To this social demoralization was added economic distress and perplexity.
+The devastation of the war had fallen with especial severity upon Georgia.
+Worse still, the people seemed unable to repair the damage or to return to
+productive activity. Planters seemed unable to adapt themselves to the new
+economic conditions. Slavery, the system which they understood, was gone;
+they used the new system with little success, all the less because of the
+restlessness of the negroes.</p>
+
+<p><span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span>Such were the conditions and dangers with which the Johnson government had
+to deal as it best could. It was believed by northern statesmen that the
+situation would be mastered by enfranchising the negroes and investing
+them with a citizenship exactly equal to that of white persons.<a name="fna30_30" id="fna30_30"></a><a href="#f30_30" class="fnanchor">[30]</a> The
+Georgia constitution of 1865 made it clear that the Georgia law-makers
+were not disciples of that school. That constitution confined the
+electoral franchise to &#8220;free white male citizens.&#8221;<a name="fna31_31" id="fna31_31"></a><a href="#f31_31" class="fnanchor">[31]</a> It ordered the
+legislature at its first session &#8220;to provide by law for the government of
+free persons of color,&#8221; for &#8220;guarding them and the state against any evil
+that may arise from their sudden emancipation,&#8221; and &#8220;for the regulation of
+their transactions with citizens;&#8221; also &#8220;to create county courts with
+jurisdiction in criminal cases excepted from the exclusive jurisdiction of
+the Superior [county] Court, and in civil cases whereto free persons of
+color may be parties,&#8221; and to make rules &#8220;prescribing in what cases their
+testimony shall be admitted in the courts.&#8221;<a name="fna32_32" id="fna32_32"></a><a href="#f32_32" class="fnanchor">[32]</a></p>
+
+<p>The legislation enacted in 1866 in the interest of the public peace and
+order consisted of&mdash;</p>
+
+<p>1. An apprentice law. By this it was made the duty of the judges of the
+county courts to bind out minors whose parents were dead or unable to
+support them as apprentices until the age of twenty-one. A master
+receiving an apprentice under this law was to teach him a trade, furnish
+him food, clothes, and medicine, teach him habits of industry, honesty,
+and morality, teach him to read the English language, and govern him with
+humanity. On default of any of these requirements a master was to be
+fined. The judge having charge of this law might, on application from an
+apprentice or an apprentice&#8217;s friend, dissolve the contract<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> on account of
+cruelty on the part of the master. An apprentice at the end of his term
+was entitled to an allowance from the master &#8220;with which to begin life.&#8221;
+The amount was left to the master&#8217;s generosity, but if he offered less
+than $100 the apprentice might complain to the court, which should then
+fix the amount.<a name="fna33_33" id="fna33_33"></a><a href="#f33_33" class="fnanchor">[33]</a></p>
+
+<p>2. A vagrancy law. Vagrancy was defined in the usual language of our
+criminal codes. The penalty was heavier than these usually provide,
+because the need of suppressing the vice was more urgent than usual. A
+vagrant might be fined or imprisoned at the discretion of the court, or
+sentenced to labor on the public works for not more than one year; or he
+might, at the discretion of the court &#8220;be bound out to some person for a
+time not more than one year, upon such valuable consideration as the court
+may prescribe.&#8221;<a name="fna34_34" id="fna34_34"></a><a href="#f34_34" class="fnanchor">[34]</a></p>
+
+<p>3. Alterations in the penal laws. These alterations were of two
+contrasting kinds. The penalty for burglary in the night, arson, horse
+stealing and rape was changed from long imprisonment<a name="fna35_35" id="fna35_35"></a><a href="#f35_35" class="fnanchor">[35]</a>
+to death,<a name="fna36_36" id="fna36_36"></a><a href="#f36_36" class="fnanchor">[36]</a>
+which, however, might be in every case commuted to life imprisonment.<a name="fna37_37" id="fna37_37"></a><a href="#f37_37" class="fnanchor">[37]</a>
+On the other hand, several hundred crimes, including all the species of
+larceny except that mentioned above, were reduced from felonies to
+misdemeanors, and the penalties from imprisonment in the penitentiary to
+fine, imprisonment in the county jail, or whipping, at the discretion of
+the court.<a name="fna38_38" id="fna38_38"></a><a href="#f38_38" class="fnanchor">[38]</a> This mitigation of punishment was made in consideration of
+the negroes&#8217; ignorance of the nature of their offences, due to the fact
+that these had before been punished by their masters and not by<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span> the law.
+Probably the capacity of the penitentiary was also considered.</p>
+
+<p>To facilitate the transition from the old labor system to the new by
+remedying in some degree the instability of the labor supply, the
+legislature made it a crime to employ any servant during the term for
+which he had contracted to work for another, or to induce a servant to
+quit the service of an employer before the close of the period contracted
+for.<a name="fna39_39" id="fna39_39"></a><a href="#f39_39" class="fnanchor">[39]</a></p>
+
+<p>Regarding the civil rights and relations of the negroes the following
+legislation was passed:</p>
+
+<p>1. A law in these words:</p>
+
+<div class="blockquot"><p>That persons of color shall have the right to make and enforce
+contracts; to sue, be sued; to be parties and give evidence; to
+inherit; to purchase, lease, sell, hold and convey real and personal
+property; and to have full and equal benefit of all laws and
+proceedings for the security of person and estate; and shall not be
+subject to any other or different punishment, pain or penalty for the
+commission of any act or offence than such as are prescribed for
+white persons committing like acts or offences.<a name="fna40_40" id="fna40_40"></a><a href="#f40_40" class="fnanchor">[40]</a></p></div>
+
+<p>2. A provision, implied in the law above quoted, that negroes were to be
+held competent witnesses in all courts in cases, civil or criminal,
+whereto persons of color should be parties.<a name="fna41_41" id="fna41_41"></a><a href="#f41_41" class="fnanchor">[41]</a></p>
+
+<p>3. Certain provisions for establishing among the negroes the regular
+relations between husband and wife, parent and child, in place of the
+irregular relations which had prevailed under slavery.<a name="fna42_42" id="fna42_42"></a><a href="#f42_42" class="fnanchor">[42]</a></p>
+
+<p>4. The prohibition of marriage between negroes and white persons.<a name="fna43_43" id="fna43_43"></a><a href="#f43_43" class="fnanchor">[43]</a></p>
+
+<p>This last provision, and also the exclusion of the testimony of negroes
+from cases whereto a colored person was not party, are of social rather
+than legal importance, since their effect was to separate the two races,
+but not to deprive the negroes of the equal protection and benefit of the
+law. They<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> were like the school law, which provided that only &#8220;free white
+inhabitants of the state&#8221; were entitled to instruction in the public
+schools.<a name="fna44_44" id="fna44_44"></a><a href="#f44_44" class="fnanchor">[44]</a></p>
+
+<p>The Johnson government thus assigned to the negroes a position of
+political incapacity, social inferiority, but equality of civil rights.
+This plan was very remote from that in favor in the North, but it is not
+thereby condemned. As to the measures of the Johnson government for
+remedying industrial distress and guarding against social dangers, we
+search them in vain for the inhuman harshness to the negroes which they
+were reputed to embody. This legislation of Georgia was more favorable to
+the negroes than that of the other Johnson governments. But the North
+looked at the conquered South as a whole, and if the difference of the
+laws of Georgia from those of other states was noticed, it was quickly
+forgotten. To northern public opinion the scheme for the treatment of the
+negroes embodied in the Georgia laws, even if its mildness had been
+recognized, would have been a cause of indignation. This was the
+consummate hour of a humanitarian enthusiasm sprung from forty years of
+anti-slavery agitation, and now intensified by the passions of the war. In
+such an hour a plan which frankly denied to the negroes political and
+social equality was looked upon as an offence against justice and
+humanity. The Georgia law-makers had sought for a plan to meet immediate
+necessities, not a plan for the elevation of the black race. To demand
+that Georgia, stricken and menaced as she was, should pass by the needs of
+the present and enter upon a vague scheme of philanthropy, was
+unreasonable. It was just as unreasonable to conclude from the course
+which Georgia took, that the black race in Georgia would be forever held
+down, or that positive encouragement would be<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span> withheld as time went on.
+Nevertheless the public opinion of the North made this demand and drew
+these conclusions.</p>
+
+<p>Having stated the attitude of the Johnson government to the emancipated
+slave, we next come to its <ins class="correction" title="original: attitnde">attitude</ins> toward the fallen Confederacy and
+toward the federal government. And with reference to this subject the
+following facts are to be noticed:</p>
+
+<p>1. Almost the first act of the constitutional convention was to vote a
+memorial to the President in behalf of Jefferson Davis.<a name="fna45_45" id="fna45_45"></a><a href="#f45_45" class="fnanchor">[45]</a></p>
+
+<p>2. The convention, instead of declaring that the ordinance of secession
+was an act of illegality and error, and was null and void, laconically
+declared it &#8220;repealed.&#8221;<a name="fna46_46" id="fna46_46"></a><a href="#f46_46" class="fnanchor">[46]</a></p>
+
+<p>3. The convention anticipated the function of the legislature in order to
+provide pensions for the wounded Confederate soldiers and for widows of
+the dead.<a name="fna47_47" id="fna47_47"></a><a href="#f47_47" class="fnanchor">[47]</a></p>
+
+<p>Through the legislature Georgia showed herself equally frank in expressing
+affection and regret for the lost cause, and equally wanting in an
+attitude of humility to the federal government&mdash;or at least to the
+dominant party in Congress. On the recommendation of the governor she
+rejected the Fourteenth Amendment by an almost unanimous vote, largely
+because of the disabilities it imposed on the leaders of the
+Confederacy.<a name="fna48_48" id="fna48_48"></a><a href="#f48_48" class="fnanchor">[48]</a> Instead of remaining a humbly silent spectator of the
+controversy between the President and Congress, she boldly thanked the
+President for his &#8220;regard for the constitutional rights of states,&#8221; and
+for &#8220;the determined will that says to a still hostile faction of her
+recent foes, &#8216;Thus far shalt thou go and no farther. Peace, be
+still.&#8217;&#8221;<a name="fna49_49" id="fna49_49"></a><a href="#f49_49" class="fnanchor">[49]</a>
+<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span>She continued to provide for the unfortunate champions of
+the Confederacy, characterizing this action as &#8220;a holy and patriotic
+duty.&#8221;<a name="fna50_50" id="fna50_50"></a><a href="#f50_50" class="fnanchor">[50]</a> She extended expressions of &#8220;sincerest condolence and warmest
+sympathy&#8221; to the illustrious state prisoner, Jefferson Davis, declaring
+that her &#8220;warmest affections cluster[ed] around the fallen chief of a once
+dear but now abandoned cause.&#8221;<a name="fna51_51" id="fna51_51"></a><a href="#f51_51" class="fnanchor">[51]</a></p>
+
+<p>These acts and resolutions expressed through the government the spirit
+which was found among the people by direct observers&mdash;a spirit of
+submission to irresistible force, in some cases sullen, in most cases
+unrepentant.<a name="fna52_52" id="fna52_52"></a><a href="#f52_52" class="fnanchor">[52]</a> At that time the absence of that spirit would have been
+extraordinary. But the public opinion of the North regarded it not as the
+aftermath of war, which would soon pass, but as a spirit which, if left
+undisciplined, would break out in another war.</p>
+
+<p>This belief, and the belief that the negroes were destined by the southern
+governments to suffer injustice and debasement, and that the ballot was
+their only salvation, gave rise to two corresponding purposes&mdash;to chasten
+the rebellious spirit of the South, and to invest the negroes with the
+voting franchise by force. To destroy the state governments of the South
+and rebuild them on a basis of negro suffrage would accomplish both these
+purposes. This plan was also supported for the sake of a third purpose,
+viz., to secure for the Republican party the votes of the negroes. There
+were thus three classes of men bent on abolishing the Johnson government.
+We may call them the Disciplinarians, the Humanitarians, and the
+Republican Politicians.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span></p>
+<h2><a name="CHAPTER_III" id="CHAPTER_III"></a>CHAPTER III</h2>
+<p class="center"><span class="big">CONGRESSIONAL DELIBERATIONS AND ACTIONS CONCERNING THE JOHNSON<br />
+GOVERNMENTS, ENDING IN THE RECONSTRUCTION ACTS OF 1867</span></p>
+
+<p>When Congress met on December 4, 1865, President Johnson informed it of
+the measures he had taken for restoring the southern states and of the
+conditions he had required as necessary to restoration. He emphasized the
+requirement that the Thirteenth Amendment be ratified (which, as stated in
+Chapter I, was complied with in Georgia five days later).</p>
+
+<div class="blockquot"><p>It is not too much to ask [he said], in the name of the whole people,
+that, on the one side, the plan of restoration shall proceed in
+conformity with a willingness to cast the disorders of the past into
+oblivion; and that, on the other, the evidence of sincerity in the
+future maintenance of the Union shall be put beyond any doubt by the
+ratification of the proposed amendment.... The amendment to the
+Constitution being adopted, it would remain for the states ... to
+resume their places in the two branches of the national
+legislature.<a name="fna53_53" id="fna53_53"></a><a href="#f53_53" class="fnanchor">[53]</a></p></div>
+
+<p>That Congress was not entirely pleased with the President&#8217;s course; that
+it did not agree with him considering the adoption of the Thirteenth
+Amendment, the most that could be asked of the southern states, and that
+it did not intend to give effect to his last suggestion, soon became
+apparent. In the Senate, on the day on which the President&#8217;s message was
+read, Sumner offered resolutions to the effect that before the southern
+states should be admitted to representation in Congress they must
+enfranchise &#8220;all citizens,&#8221; establish systems of education open to negroes
+equally<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> with white people, and choose loyal persons for state and
+national offices.<a name="fna54_54" id="fna54_54"></a><a href="#f54_54" class="fnanchor">[54]</a> The resolutions concluded: &#8220;That the states cannot
+be precipitated back to political power and independence, but they must
+wait until these conditions are in all respects fulfilled.&#8221;<a name="fna55_55" id="fna55_55"></a><a href="#f55_55" class="fnanchor">[55]</a></p>
+
+<p>The House of Representatives, after organizing, immediately proposed to
+the Senate a joint committee to &#8220;inquire into the condition of the states
+which formed the so-called Confederate States of America, and report
+whether they, or any of them, are entitled to be represented in either
+house of Congress.&#8221; The Senate accepted the proposal, and on December 13
+the committee was formed.<a name="fna56_56" id="fna56_56"></a><a href="#f56_56" class="fnanchor">[56]</a></p>
+
+<p>Five months passed before the committee reported. During that interval
+Congress took no action determining the question at issue. A vast number
+of bills and resolutions was introduced proposing various modes of
+treatment for the southern states and various theories regarding their
+status, which are interesting to the historian, but all of which fell by
+the way. The Freedmen&#8217;s Bureau Bill, if it had become law during this
+period, would have implied that in the opinion of Congress the late
+Confederate States were simply territory of the United States and not
+states in the Union.<a name="fna57_57" id="fna57_57"></a><a href="#f57_57" class="fnanchor">[57]</a> But this bill failed to be repassed over the
+President&#8217;s veto.<a name="fna58_58" id="fna58_58"></a><a href="#f58_58" class="fnanchor">[58]</a> The Civil Rights Bill, which became law on April 9,
+1866, made it a crime to discriminate against any person on account of his
+race or color under the alleged authority of any state law or custom, gave
+the federal judicial authorities power to arrest and punish any person
+guilty of this offense,<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> and also gave the federal courts jurisdiction
+over any case before a state court in which such discrimination was
+attempted.<a name="fna59_59" id="fna59_59"></a><a href="#f59_59" class="fnanchor">[59]</a> This law created entirely new relations between federal and
+state authority, but since it was passed as an act to enforce the
+Thirteenth Amendment,<a name="fna60_60" id="fna60_60"></a><a href="#f60_60" class="fnanchor">[60]</a> and applied to all states alike, it committed
+Congress to no declaration regarding the status of the southern states.</p>
+
+<p>The joint committee made its long-expected report on April 30, 1866.<a name="fna61_61" id="fna61_61"></a><a href="#f61_61" class="fnanchor">[61]</a> A
+great number of witnesses had been examined regarding conditions in the
+South, whose testimony fills a large volume and purports to be the basis
+of the committee&#8217;s report. The committee thought that since the Johnson
+governments had been set up under the military authority of the President
+and were merely instruments through which he had exercised that power in
+governing conquered territory, they were not regular state governments.
+This belief was confirmed by the fact that the existing state
+constitutions had been framed by conventions acting under the constant
+direction of the President, and also by the fact that they had not been
+submitted to the people for adoption. The Johnson governments then were
+not state governments at all, and so could not send representatives to
+Congress.</p>
+
+<p>The committee appealed less to this constitutional argument than to
+arguments of policy. It was willing to grant the &#8220;profitless abstraction&#8221;
+that the southern states still remained states. The people of those states
+had waged war on the United States. Though subdued, they were defiant,
+disloyal, and abusive. They showed no disposition to abate their hatred
+for the Union or their affection for the Confederacy. To accord to such a
+people entire independence,<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> taking no measures for security from future
+danger; to admit their representatives to Congress; to allow conquered
+enemies &#8220;to participate in making laws for their conquerors;&#8221; to turn over
+to the custody of recent enemies the treasury, the army, the whole
+administration&mdash;this would be madness unexampled.</p>
+
+<p>For these reasons the committee recommended a joint resolution and two
+bills. The resolution proposed an amendment to the Constitution forbidding
+any state to abridge the civil rights of citizens of the United States, or
+to deny to any person the equal protection of the laws, providing that a
+state which withheld the electoral franchise from negroes should suffer a
+deduction from its Congressional representation, and providing that until
+1870 all adherents to the Confederacy should be excluded from voting for
+members of Congress and for Presidential electors. The first of the two
+bills was to enact &#8220;that whenever the above recited amendment [should]
+have become a part of the Constitution of the United States, and any state
+lately in insurrection [should] have ratified the same, and [should] have
+modified its constitution and laws in accordance therewith,&#8221; then its
+representatives might be admitted to Congress. The second bill was to make
+ineligible to office under the United States men who had been prominent in
+the service of the Confederacy.</p>
+
+<p>A minority of the committee took issue with the majority on both its legal
+and its political views. The states under consideration, said the
+minority, had never gone out of the Union; therefore, being states of the
+Union, Congress could not lawfully deprive them of their rights as states.
+That the Johnson governments were only the machinery of military
+occupation, set up by the conquering general, was denied.</p>
+
+<div class="blockquot"><p>We know [said the minority report] that [the southern states] have
+governments completely organized, with legislative, executive, and
+judicial functions. We<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span> know that they are now in successful
+operation; no one within their limits questions their legality, or is
+denied their protection. How they were formed, under what auspices
+they were formed, are inquiries with which Congress has no concern.</p></div>
+
+<p>A state is under no restriction as to the mode of altering its
+constitution; if it chooses to receive assistance from the President, or
+any one else, the validity of the amended constitution is not affected.</p>
+
+<p>To the statement of the majority regarding the disposition of the southern
+people, the minority opposed the high authority of General Grant. In an
+official report he had said:</p>
+
+<div class="blockquot"><p>I am satisfied that the mass of thinking men of the South accept the
+present situation of affairs in good faith.... [They] are in earnest
+in wishing to do what they think is required by the government ...
+and if such a course was pointed out they would pursue it in good
+faith.</p></div>
+
+<p>The right way in which to deal with the southern people was, then, to
+conciliate them, as the President had tried to do, not to perpetuate their
+hostility.</p>
+
+<p>If Congress adopted the program recommended by the majority, said the
+minority, it would repudiate its own solemn declaration made in 1861,</p>
+
+<div class="blockquot"><p>that this war is not waged upon our part in any spirit of oppression,
+nor purpose of overthrowing or interfering with the rights or
+established institutions of those states, but to defend and maintain
+the supremacy of the Constitution, and to preserve the Union, with
+all the dignity, equality, and rights of the several states
+unimpaired.<a name="fna62_62" id="fna62_62"></a><a href="#f62_62" class="fnanchor">[62]</a></p></div>
+
+<p>The proposed provisions regarding ineligibility would dishonor the
+government by annulling the pardons granted by the President. Further, the
+program contradicted itself, since it proposed to treat the southern
+communities as states, in submitting a constitutional amendment to them,
+while at the same time imposing on them conditions to which a state could
+not lawfully be subjected.</p>
+
+<p><span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span>After a debate of which these two opposing reports are a convenient
+summary, Congress adopted the program of the committee. The joint
+resolution, changed into a form embodying the present Fourteenth
+Amendment, was passed on June 13, 1866.<a name="fna63_63" id="fna63_63"></a><a href="#f63_63" class="fnanchor">[63]</a> The two bills proposed were
+taken up, but Congress adjourned without bringing them to a final vote,
+leaving the South to be regulated during the recess by the Civil Rights
+Act, and by an act, passed over the President&#8217;s veto on July 16, embodying
+in a less drastic form the provisions of the Freedmen&#8217;s Bureau Bill which
+had failed in February.<a name="fna64_64" id="fna64_64"></a><a href="#f64_64" class="fnanchor">[64]</a></p>
+
+<p>When Congress met in December, 1866, the same voluminous mass of
+reconstruction proposals and declaratory resolutions appeared in both
+houses as at the last session. But the denunciation of the President and
+of the Johnson governments was more emphatic in these bills and
+resolutions, as well as in the debates. Sumner proposed a resolution to
+this effect:</p>
+
+<div class="blockquot"><p>That all proceedings with a view to reconstruction originating in
+executive power are in the nature of usurpation; that this usurpation
+becomes especially offensive when it sets aside the fundamental
+truths of our institutions; that it is shocking to common sense when
+it undertakes to derive new governments from the hostile populations
+which have just been engaged in armed rebellion, and that all
+governments having such origin are necessarily illegal and void.<a name="fna65_65" id="fna65_65"></a><a href="#f65_65" class="fnanchor">[65]</a></p></div>
+
+<p>Another resolution proposed that the committee of the House on territories
+be instructed to take steps for organizing the districts known as
+Virginia, North Carolina, etc., into states. Cullom said in a speech:</p>
+
+<div class="blockquot"><p>During the last session of this Congress we sent to the country a
+proposed amendment to the Constitution.... The people of the rebel
+states by their pretended legislatures are treating it with scorn and
+contempt.... It is time, sir, that the people of the states were
+informed in language not to be misunderstood<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> that the people who
+saved this country are going to reconstruct it in their own way, the
+opposition of rebels to the contrary notwithstanding.<a name="fna66_66" id="fna66_66"></a><a href="#f66_66" class="fnanchor">[66]</a></p></div>
+
+<p>Another fact which appeared prominently in the speeches and resolutions of
+this session was the growing fear, real or assumed, that freedmen and
+loyal persons in the South were in mortal danger. Bills for their
+protection were introduced by the dozen.</p>
+
+<div class="blockquot"><p>Shall we shut our eyes [said a speaker] to the abuse and murders of
+loyal men in the South, and the continued destruction of their
+property by wicked men, and give them no means of protection?<a name="fna67_67" id="fna67_67"></a><a href="#f67_67" class="fnanchor">[67]</a></p></div>
+
+<p>Stevens exclaimed that the United States would be disgraced</p>
+
+<div class="blockquot"><p>unless Congress proceed[ed] at once to do something to protect these
+people from the barbarians who [were] daily murdering them; who
+[were] murdering the loyal whites daily, and daily putting into
+secret graves not only hundreds but thousands of the colored
+people.<a name="fna68_68" id="fna68_68"></a><a href="#f68_68" class="fnanchor">[68]</a></p></div>
+
+<p>At first the lower house resumed its consideration of the bills
+recommended at the last session by the joint committee. But early in
+February, 1867, these were dropped in favor of a new bill. This was the
+Reconstruction Bill which became law on March 2. It provided that the
+South should be divided into five districts, each to comprise the
+territory of one or more of the southern states. The President should
+assign to each district a military officer not below the rank of
+brigadier-general, and should detail for his use a sufficient military
+force. The duties of these officers should be &#8220;to protect all persons in
+their rights of person and property, to suppress insurrection, disorder
+and violence, and to punish, or cause to be punished, disturbers of the
+public peace and criminals.&#8221; To this end they might either allow local
+courts to exercise their usual jurisdiction or organize special military
+courts, for the procedure of which a few general regulations were provided
+in the bill. Until the states should be by law restored to the Union, the
+governments existing in<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span> them were declared &#8220;provisional only, and in all
+respects subject to the paramount authority of the United States, at any
+time to abolish, modify, control or suspend the same.&#8221;</p>
+
+<p>In section 5 of this bill were stated the conditions upon which the
+southern states might regain their places in the Union. In each of them a
+constitutional convention should be elected. For members of this
+convention all male &#8220;citizens&#8221; of the voting age should vote, except those
+excluded from office by the pending Fourteenth Amendment. These were
+forbidden to sit in the convention or to vote for delegates. The
+convention thus formed should frame a new constitution, which should give
+the franchise to all persons qualified to vote for delegates by the
+present bill. The constitution should be submitted to the people of the
+state for ratification, and to Congress for approval. When these should
+have been received, and when the legislature elected under the new
+constitution should have ratified the Fourteenth Amendment, then Congress
+should pass an act admitting the reconstructed state to Congressional
+representation, and the present law should cease to operate in that
+state.<a name="fna69_69" id="fna69_69"></a><a href="#f69_69" class="fnanchor">[69]</a></p>
+
+<p>The principle of this bill was the same as that of the reconstruction
+measures first undertaken at the suggestion of the joint committee, namely
+the punishment of an enemy. The debate in the House was opened by a
+felicitous quotation from Vattel on the public law applicable to the case
+of a conquered enemy.<a name="fna70_70" id="fna70_70"></a><a href="#f70_70" class="fnanchor">[70]</a> The punishment here provided was, however, more
+severe than that first proposed. The former program was designed to offer
+to the states the alternative of adopting the Fourteenth Amendment or
+remaining out of the Union and under the Freedman&#8217;s Bureau&mdash;which was,
+indeed, regarded as a very obnoxious alternative. But the present bill
+required them not only to ratify the <span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span>amendment, but to adopt new
+constitutions, elect new governments, enfranchise the negroes, and
+disfranchise their most prominent and respected citizens; and meanwhile
+imposed upon them not simply a bureau, to interfere in individual cases,
+but the virtually absolute rule of a military governor.</p>
+
+<p>This bill was passed over Johnson&#8217;s veto on March 2, 1867. On March 23 a
+supplementary act was passed, providing means for executing section 5 of
+the preceding act. The initiative in calling the constitutional
+conventions, instead of being left to the states, to be exercised or not,
+as they chose, was now assigned to the military governor. He, with the
+assistance of such boards of registry as he might create, was directed to
+register all persons qualified to vote for delegates. He should then fix
+the number of delegates and arrange the plan of representation, set the
+day for election and summon the convention.<a name="fna71_71" id="fna71_71"></a><a href="#f71_71" class="fnanchor">[71]</a></p>
+
+<p>A third reconstruction act was passed on July 19, 1867. It is unnecessary
+to discuss it, since it was only explanatory of the acts of March 2 and
+23, and added nothing which needs mention here to their provisions.<a name="fna72_72" id="fna72_72"></a><a href="#f72_72" class="fnanchor">[72]</a></p>
+
+<hr style="width: 25%;" />
+
+<p>Were the Reconstruction Acts constitutional? Since the Supreme Court has
+failed, either voluntarily or otherwise, to decide every case brought
+before it depending upon this question,<a name="fna73_73" id="fna73_73"></a><a href="#f73_73" class="fnanchor">[73]</a> reasoning is not rendered idle
+by authority. The Supreme Court has indeed expressed a definite opinion on
+the subject, but has given no decision.</p>
+
+<p>The opinion referred to was expressed in the case of Texas <i>versus</i>
+White.<a name="fna74_74" id="fna74_74"></a><a href="#f74_74" class="fnanchor">[74]</a> The Court said:</p>
+
+<div class="blockquot"><p>These new relations [namely, those created by the civil war] imposed
+new duties<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> upon the United States. The first was that of suppressing
+the rebellion. The next was that of re-establishing the broken
+relations of the states with the Union. The authority for the
+performance of the first had been found in the power to suppress
+insurrection and to carry on war; for the performance of the second,
+authority was derived from the obligation of the United States to
+guarantee to every state a republican form of government.</p></div>
+
+<p>This the Court considered good authority for the passage of the
+Reconstruction Acts. Most of the advocates of the acts based them upon
+this theory.</p>
+
+<p>Now, upon that clause of Article IV., Section 4, of the Constitution which
+says: &#8220;The United States shall guarantee to every state in this Union a
+republican form of government,&#8221; the <i>Federalist</i> remarks:</p>
+
+<div class="blockquot"><p>It may possibly be asked whether [this clause] may not become a
+pretext for alterations in the state governments without the
+concurrence of the states themselves.... But the authority extends no
+further than to a <i>guarantee</i> [the <i>Federalist&#8217;s</i> italics] of a
+republican form of government, which supposes a pre-existing
+government of the form which is to be guaranteed.<a name="fna75_75" id="fna75_75"></a><a href="#f75_75" class="fnanchor">[75]</a></p></div>
+
+<p>The intention of the clause, says the <i>Federalist</i> in the same paper, is
+simply to guard &#8220;against aristocratic or monarchic innovations.&#8221; To one
+not interested in establishing the constitutionality of the Reconstruction
+Acts, it seems indisputable that the clause is rightly interpreted by the
+<i>Federalist</i>. Story accepts this interpretation as a matter of course.<a name="fna76_76" id="fna76_76"></a><a href="#f76_76" class="fnanchor">[76]</a>
+Cooley groups the clause with that which forbids the states to grant
+titles of nobility.<a name="fna77_77" id="fna77_77"></a><a href="#f77_77" class="fnanchor">[77]</a> If this interpretation is correct, then the
+guarantee clause gives no authority for destroying a state government of a
+republican form and substituting another.</p>
+
+<p>There is, however, a constitutional basis for the Reconstruction Acts. It
+is the war power of Congress.</p>
+
+<p>If a section of the people of a stale rebel against the <span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span>government, the
+resulting contest is not a war, in the sense of international law. But as
+it may assume the physical character of a war, so it may call into
+existence the rights and customs incident to war. Upon this principle the
+federal government acquired the rights of war in the contest of
+1861-1865.<a name="fna78_78" id="fna78_78"></a><a href="#f78_78" class="fnanchor">[78]</a> Now the rights of war do not end with military operations;
+one of these rights is the right of the victorious party, after an
+unconditional surrender, to occupy the territory of the defeated party, to
+govern or punish the people as it sees fit. If the United States
+government acquired the rights of war, this right was included. The close
+of a war is not simultaneous with the cessation of fighting. The surrender
+of the southern armies was an important incident in the civil war; it was
+not the end. If the federal government had the rights of war before this
+incident, it had them after.</p>
+
+<p>The United States government might therefore say to the persons composing
+the military power which it had subdued: As the terms of war, you are to
+be governed by military government. If the persons against whom this
+sentence is assumed to have been pronounced formed the majority of the
+population of a state, one result of the sentence would be to suspend
+independent state government. The United States government might choose
+another punishment. It might say to the lately hostile persons: We forbid
+you to participate in the federal government. If the persons so sentenced
+form the majority of the population of a state, that state can send no
+representatives to Congress while the sentence remains. These sentences
+might be imposed permanently or only until such time as the people
+sentenced should fulfil certain demands&mdash;hold certain conventions, pass
+certain laws, adopt certain resolutions in certain ways. The federal
+government can thus effect through<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span> its war powers what it cannot effect
+through any power to interfere directly with a state government. It had no
+right to reconstruct the government of Maine in 1865, because Maine had no
+body of people over whom the federal government could exercise war powers.
+It had the right to reconstruct the government of Georgia, because
+nine-tenths of the people of Georgia were lawfully at its mercy as a
+conqueror.</p>
+
+<p>Even if it be admitted, however, that the federal government had the power
+described, it may still be argued that the Reconstruction Acts are not
+legally justified. A conqueror has a right to govern a conquered people as
+he pleases and as long as he pleases; he also has a right to alter his
+mode of treatment and substitute another mode. But after he has imposed
+certain terms as final, after the requirements of these terms have been
+complied with, after he has restored the conquered people to their normal
+position and rights and has unmistakably terminated the relation of
+conqueror to conquered&mdash;then his rights of war are at an end. It may be
+argued that this was the case when the Reconstruction Acts were passed. It
+may be argued that in December, 1865, the federal government had, through
+the President, terminated its capacity as a conqueror, and could regain
+that capacity only by another war; that after that termination it had no
+more power to reconstruct Georgia than to reconstruct Maine.</p>
+
+<p>This argument is irrefutable if we assume that the President had full
+power to act for the federal government in the disposition of the defeated
+Secessionists, and that therefore his acts of 1865 were the acts of the
+federal government. In case of an international war, which is closed by a
+treaty, the President may (if supported by the Senate) act finally for the
+federal government, and estop that government (so far as international law
+is concerned) from further action. But at the close of a civil war he
+cannot exercise his diplomatic<span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> power. The disposition of the defeated
+people in this case falls to the legislative branch of the government.</p>
+
+<p>If the President had pardoned a great majority of the Secessionists, that
+fact perhaps might have legally estopped Congress from passing the
+Reconstruction Acts. These acts were a war punishment, and a pardon cuts
+off further punishment.<a name="fna79_79" id="fna79_79"></a><a href="#f79_79" class="fnanchor">[79]</a> But the total number of persons who received
+amnesty under the proclamation of May 29, 1865, was 13,596,<a name="fna80_80" id="fna80_80"></a><a href="#f80_80" class="fnanchor">[80]</a> which was
+of course only a small fraction of the Secessionist population.</p>
+
+<p>The passage of the Reconstruction Acts may thus be regarded, from a legal
+point of view, as simply the substitution of one method of treating the
+defeated enemy for another. The change was from mildness to harshness. It
+was doubly bitter to the defeated enemy, after he had been led to believe
+that his punishment was over, to be subjected to a worse one. But these
+are not legal considerations.</p>
+
+<p>That the Reconstruction Acts required communities not states to ratify a
+constitutional amendment did not affect their legality. That an amendment
+depended for its validity on such ratification might make the amendment
+void (though even from this result there is a means of escape in the
+theory of relation, to be mentioned later), but that would not affect the
+act requiring the ratification. That this requirement was not made with
+the exclusive purpose of obtaining votes for the passage of the amendment
+is shown by a resolution introduced into the House of Representatives on
+July 21, 1867, which reads:</p>
+
+<div class="blockquot"><p><i>Resolved</i>, That in ratifying amendments to the Constitution of the
+United States ... the said several states ... are wholly incapable
+either of accepting or rejecting any such amendment so as to bind the
+loyal states of the Union, ... and that when any amendment ... shall
+be adopted by three-fourths of the states<span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span> recognized by the Congress
+as lawfully entitled to do so, ... the same shall become thereby a
+part of the Constitution.<a name="fna81_81" id="fna81_81"></a><a href="#f81_81" class="fnanchor">[81]</a></p></div>
+
+<p>What virtues the Reconstruction Acts had besides legal regularity will be
+discussed later.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span></p>
+<h2><a name="CHAPTER_IV" id="CHAPTER_IV"></a>CHAPTER IV</h2>
+<p class="center"><span class="big">THE ADMINISTRATIONS OF POPE AND MEADE</span></p>
+
+<p>In the Third Military District, of which Georgia was a part, the
+Reconstruction Acts were administered from April 1, 1867, to January 6,
+1868, by General Pope, and from January 6 to July 30, 1868, by General
+Meade.<a name="fna82_82" id="fna82_82"></a><a href="#f82_82" class="fnanchor">[82]</a> The present chapter will describe, first, the manner in which
+these men conducted the political rebuilding of Georgia, and second, the
+manner in which they governed during this process.</p>
+
+<p>On April 8 Pope issued his first orders regarding the registration of
+voters. The three officers commanding respectively in the sub-districts of
+Georgia, Florida and Alabama were directed to divide the territory under
+them into registration districts, and for each of these to appoint a board
+of registry consisting as far as possible of civilians.<a name="fna83_83" id="fna83_83"></a><a href="#f83_83" class="fnanchor">[83]</a> On May 2 the
+scheme of districts for Georgia was published. The state was divided into
+forty-four districts of three counties each, and three districts of a city
+each. For each district the names of two white registrars were announced,
+and each of these pairs was ordered to complete the board by selecting a
+negro colleague. The compensation of registrars was to be from fifteen
+cents to forty cents for every name registered, varying according to the
+density or sparseness of the population. It was made the duty of
+registrars to explain to those unused to the enjoyment of suffrage the
+nature of this function. After the lists were complete they were to be
+published for ten days.<a name="fna84_84" id="fna84_84"></a><a href="#f84_84" class="fnanchor">[84]</a></p>
+
+<p><span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span>The unsettled condition of the negro population suggested to Pope the
+possibility that many negroes would lose their right to vote by change of
+residence. He therefore ordered on August 15 that persons removing from
+the district where they were registered should be furnished by the board
+of registry with a certificate of registration, which should entitle them
+to vote anywhere in the state.<a name="fna85_85" id="fna85_85"></a><a href="#f85_85" class="fnanchor">[85]</a></p>
+
+<p>The election for deciding whether a constitutional convention should be
+held, and for choosing delegates in case the affirmative vote prevailed,
+was ordered to begin on October 29 and to continue three days. Registrars
+were ordered to revise their lists during the fortnight preceding the
+election, to erase names wrongly registered, and to add the names of
+persons entitled to be registered. The boards of registry were to act as
+judges of election, but registrars who were candidates for election were
+forbidden to serve in the districts where they sought election.<a name="fna86_86" id="fna86_86"></a><a href="#f86_86" class="fnanchor">[86]</a></p>
+
+<p>The election was to occupy the last three days of October. On October 30
+Pope extended the time to the night of November 2, in order to give the
+negroes ample opportunity to vote, which in their inexperience they might
+otherwise fail to do.<a name="fna87_87" id="fna87_87"></a><a href="#f87_87" class="fnanchor">[87]</a></p>
+
+<p>After the election the following figures were announced:<a name="fna88_88" id="fna88_88"></a><a href="#f88_88" class="fnanchor">[88]</a></p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>Number of registered voters in Georgia&nbsp; &nbsp;</td><td align="right">188,647</td></tr>
+<tr><td>Of these the negroes numbered</td><td align="right">93,457</td></tr>
+<tr><td><span style="margin-left: 2em;">" &nbsp; &nbsp; the white men<a name="fna89_89" id="fna89_89"></a><a href="#f89_89" class="fnanchor">[89]</a></span></td><td align="right">95,214</td></tr>
+<tr><td>Number of votes polled</td><td align="right">106,410</td></tr>
+<tr><td><span style="margin-left: 1.5em;">"<span class="spacer3">&nbsp;</span>" &nbsp; &nbsp; for a convention</span></td><td align="right">102,283</td></tr>
+<tr><td><span style="margin-left: 1.5em;">"<span class="spacer3">&nbsp;</span>" &nbsp; &nbsp; against a convention</span></td><td align="right">4,127</td></tr></table>
+
+<p>The delegates elected were ordered to meet in convention<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> on December
+9th.<a name="fna90_90" id="fna90_90"></a><a href="#f90_90" class="fnanchor">[90]</a> On that day the convention met in Atlanta. Its business was not
+completed until the middle of March in the following year. The
+constitution which it framed more than met the demands of the
+Reconstruction Acts. A single citizenship was established for all
+residents of the state, in language borrowed from the Fourteenth Amendment
+to the federal Constitution.<a name="fna91_91" id="fna91_91"></a><a href="#f91_91" class="fnanchor">[91]</a> Legislation on the subject of social
+status of citizens was forever prohibited.<a name="fna92_92" id="fna92_92"></a><a href="#f92_92" class="fnanchor">[92]</a> The electoral right was
+given to all male persons born or naturalized in the United States who
+should have resided six months in Georgia.<a name="fna93_93" id="fna93_93"></a><a href="#f93_93" class="fnanchor">[93]</a> Electors were privileged
+from arrest (except for treason, felony or breach of the peace) for five
+days before, during, and for two days after, elections, and the
+legislature was ordered to provide such other means for the protection of
+electors as might be necessary.<a name="fna94_94" id="fna94_94"></a><a href="#f94_94" class="fnanchor">[94]</a> Other provisions presumably acceptable
+to northern sentiment were the prohibition of whipping as a penalty for
+crime,<a name="fna95_95" id="fna95_95"></a><a href="#f95_95" class="fnanchor">[95]</a> and the command that the legislature should create a system of
+public schools free to all children of the state.<a name="fna96_96" id="fna96_96"></a><a href="#f96_96" class="fnanchor">[96]</a></p>
+
+<p>By an ordinance of the convention, made valid by being embodied in
+military orders, April 20, 1868, was appointed for the submission of the
+new constitution to popular vote, and also for the election of members of
+Congress and officers of the new state government.<a name="fna97_97" id="fna97_97"></a><a href="#f97_97" class="fnanchor">[97]</a> This election
+resulted in the adoption of the constitution by a majority of 17,699
+votes, and in the election of a governor (Rufus B. Bullock by name), a
+legislature, and a full delegation to the lower house of Congress.<a name="fna98_98" id="fna98_98"></a><a href="#f98_98" class="fnanchor">[98]</a> The
+remaining requirement of the Reconstruction<span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span> Acts was that the new
+legislature convene and ratify the Fourteenth Amendment. This transaction
+will be reserved for the next chapter.</p>
+
+<hr style="width: 25%;" />
+
+<p>General Pope was inspired by the ideas and emotions from which
+reconstruction had sprung. He was an ardent friend of the reconstruction
+measures. He was convinced of the importance of suppressing the old
+political leaders in his district. He held with enthusiasm the optimistic
+views prevalent in the North regarding the negroes. Their recent progress
+in &#8220;education and knowledge,&#8221; he said, was &#8220;marvellous,&#8221; and if continued,
+in five years the intelligence of the community would shift to the colored
+portion.<a name="fna99_99" id="fna99_99"></a><a href="#f99_99" class="fnanchor">[99]</a> The purport of his orders, the didactic style in which they
+are couched, the declarations of his principles which frequently accompany
+these orders, indicate the spirit in which he administered the office of
+military governor.</p>
+
+<p>Most of the official acts of Pope concerned either the enforcement of
+obedience and the suppression of disobedience to the letter and spirit of
+the Reconstruction Acts, or the protection and promotion of the present
+interests of the freedmen.</p>
+
+<p>In assuming command he announced that in the absence of special orders all
+persons holding office under the state government would be permitted to
+retain their positions until the expiration of their terms. Their
+successors, however, were to be appointed by Pope alone; no elections
+should be held in the state except those required by Congress. The general
+expressed the hope that no necessity for interference in the regular
+operation of the state government would arise. It could arise, he said,
+only from the failure of state tribunals to do equal justice to all
+persons.<a name="fna100_100" id="fna100_100"></a><a href="#f100_100" class="fnanchor">[100]</a>
+A few<span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span> weeks later he announced that this necessity would
+also arise if any state officer interfered with or opposed the
+reconstruction measures; such an officer, it was &#8220;distinctly announced,&#8221;
+would be deposed.<a name="fna101_101" id="fna101_101"></a><a href="#f101_101" class="fnanchor">[101]</a> Governor Jenkins, on April 10, had issued a letter
+to the public, advising them to abstain from registering and voting under
+the Reconstruction Acts. Pope had excused him with a lecture, and then
+issued the order referred to, to make clear that no more advice of that
+sort from state officers would be permitted.<a name="fna102_102" id="fna102_102"></a><a href="#f102_102" class="fnanchor">[102]</a> Opposition to
+reconstruction by state officers was declared to include also the awarding
+of state printing to newspapers which opposed reconstruction, and it was
+ordered that thereafter the state&#8217;s patronage should be given only to
+loyal papers.<a name="fna103_103" id="fna103_103"></a><a href="#f103_103" class="fnanchor">[103]</a> Another measure to the same end was the order that no
+state court should entertain any action against any person for any acts
+done under the military authority.<a name="fna104_104" id="fna104_104"></a><a href="#f104_104" class="fnanchor">[104]</a> But while opposition by state
+officers was thus dealt with, freedom of public opinion was emphatically
+declared. The declaration accompanied a public reprimand administered to
+the post commander at Mobile for interference with a newspaper.<a name="fna105_105" id="fna105_105"></a><a href="#f105_105" class="fnanchor">[105]</a></p>
+
+<p>The careful consideration for the needs of the freedmen shown in the
+general&#8217;s method of forming the boards of registry, in his instructions to
+the registrars, in his provision of certificates of registration to
+migrating citizens, and in his extension of the time of election, has been
+pointed out. Of a similar character was the warning to employers that any
+attempt to prevent laborers from voting, or to influence their votes by
+docking wages, threats, or any other means, would be severely dealt
+with.<a name="fna106_106" id="fna106_106"></a><a href="#f106_106" class="fnanchor">[106]</a></p>
+
+<p>In his first general orders, as we have said, Pope warned<span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span> the judiciary
+against racial prejudice. It was probably disregard of this warning which
+caused the removal of about a dozen judges, justices of the peace, and
+sheriffs.<a name="fna107_107" id="fna107_107"></a><a href="#f107_107" class="fnanchor">[107]</a> In the interest of equal justice, Pope also ordered that
+grand and petit jurors should be selected impartially from the lists of
+voters registered under the Reconstruction Acts.<a name="fna108_108" id="fna108_108"></a><a href="#f108_108" class="fnanchor">[108]</a> Besides this general
+protection, individual relief was given by release from arrest, mitigation
+of the conditions of confinement, reduction of fines, and other special
+dispensations.<a name="fna109_109" id="fna109_109"></a><a href="#f109_109" class="fnanchor">[109]</a> The method of securing justice mentioned in the Act of
+March 2, 1867, namely by ordering the trial of cases by military
+commissions, was employed by Pope only once.<a name="fna110_110" id="fna110_110"></a><a href="#f110_110" class="fnanchor">[110]</a></p>
+
+<p>Such was the administration of Pope. Its influence on the <i>personnel</i> of
+the state government was large, but was exercised only slightly through
+removal, chiefly through appointment to fill vacancies. Pope removed about
+fifteen state officers (almost all of whom were the judicial officers
+mentioned in the preceding paragraph). He filled about two hundred
+vacancies.<a name="fna111_111" id="fna111_111"></a><a href="#f111_111" class="fnanchor">[111]</a> It is significant that a great number of these were caused
+by resignation. His acts of interference with the action of state officers
+were few, and with all his zeal for the success of reconstruction, he
+favored freedom of speech. Nevertheless, his opinions and his personal
+character, combined with such interference as he did practice, served to
+gain for him the dislike of the people and the rather unjust reputation of
+a petty tyrant.</p>
+
+<p>Though Meade lacked Pope&#8217;s zealous enthusiasm for reconstruction, yet he
+held much the same opinion as his predecessor regarding the duties with
+which he was charged. Like Pope, he forbade the bestowal of public
+patronage on<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span> anti-reconstruction
+newspapers.<a name="fna112_112" id="fna112_112"></a><a href="#f112_112" class="fnanchor">[112]</a> Like Pope, he thought
+it his duty to depose state officers who opposed the execution of the
+Reconstruction Acts. When he assumed command he found the convention at
+loggerheads with the governor and the state treasurer. The convention had
+levied a tax to pay its expenses, and pending the collection of it had
+directed the treasurer to advance forty thousand dollars.<a name="fna113_113" id="fna113_113"></a><a href="#f113_113" class="fnanchor">[113]</a> The
+treasurer (Jones by name) declined to do this except on a warrant from the
+governor, according to the regular practice. Meade requested Jenkins to
+issue the warrant. Jenkins refused, on the ground that the act would
+violate the state constitution under which he held office, and that even
+if it were authorized by the Reconstruction Acts (which he denied), that
+was an authorization contrary to the Constitution of the United States,
+upon which he would not act.<a name="fna114_114" id="fna114_114"></a><a href="#f114_114" class="fnanchor">[114]</a> Thereupon, on January 13, 1868, Meade
+issued an order by which the governor (designated as the &#8220;provisional
+governor&#8221;) and the treasurer (also designated as &#8220;provisional&#8221;) were
+removed and Brigadier-General Ruger and Captain Rockwell &#8220;detailed&#8221; to act
+as governor and treasurer respectively.<a name="fna115_115" id="fna115_115"></a><a href="#f115_115" class="fnanchor">[115]</a> For this act the convention
+rewarded Meade with a resolution of gratitude.<a name="fna116_116" id="fna116_116"></a><a href="#f116_116" class="fnanchor">[116]</a> Before the end of the
+same month the state comptroller and the secretary of state were also
+removed for <span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span>obstructing
+reconstruction,<a name="fna117_117" id="fna117_117"></a><a href="#f117_117" class="fnanchor">[117]</a> and later the mayor and the
+entire board of aldermen of Columbus shared the same fate.<a name="fna118_118" id="fna118_118"></a><a href="#f118_118" class="fnanchor">[118]</a></p>
+
+<p>Toward the freedmen General Meade assumed the attitude of his predecessor.
+He made similar rules to protect them, in voting, from coercion by
+employers.<a name="fna119_119" id="fna119_119"></a><a href="#f119_119" class="fnanchor">[119]</a> On the other hand, observing that too frequent enticement
+of negroes to political meetings was disturbing industry, he announced
+that interference of this sort with the rights of employers by political
+agitators would meet with the same punishment as interference with the
+rights of freedmen.<a name="fna120_120" id="fna120_120"></a><a href="#f120_120" class="fnanchor">[120]</a></p>
+
+<p>Besides following the two policies of suppressing resistance and
+protecting freedmen, Meade used his power to a great extent simply in the
+interest of the general welfare. Public peace and order seemed threatened
+on the eve of the April election. Orders issued on April 4 expressed the
+belief that there existed a concerted plan, extending widely through the
+Third District and apparently emanating from a secret organization, to
+overawe the population and affect elections. Both military and civil
+officers were ordered to arrest publishers of incendiary articles and to
+organize special patrols.<a name="fna121_121" id="fna121_121"></a><a href="#f121_121" class="fnanchor">[121]</a> Troops were distributed so as to command
+the parts chiefly in danger,<a name="fna122_122" id="fna122_122"></a><a href="#f122_122" class="fnanchor">[122]</a> and the frequent resignation of office
+by sheriffs occasioned the order that no more resignations would be
+permitted, but that the sheriffs must retain their offices and execute the
+law.<a name="fna123_123" id="fna123_123"></a><a href="#f123_123" class="fnanchor">[123]</a> By way of benevolent despotism, Meade, at the request of the
+convention, suspended the operation of the bail process and of the writ of
+<i>capias satisfaciendum</i>, and promulgated the provisions of the new
+constitution for the relief of debtors until the constitution should
+become law.<a name="fna124_124" id="fna124_124"></a><a href="#f124_124" class="fnanchor">[124]</a> Likewise he gave special orders in eight or ten cases
+<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span>suspending trails, releasing prisoners, and otherwise preventing hardship
+or failure of justice. Whereas Pope had convened one military court, Meade
+convened six,<a name="fna125_125" id="fna125_125"></a><a href="#f125_125" class="fnanchor">[125]</a> and before these thirty two cases were tried. Meade
+appointed about seventy state officers and removed about twenty.</p>
+
+<p>These facts show that the two administrations we are considering were
+alike in policy, and that in action Meade&#8217;s was the more vigorous.
+Nevertheless, while Pope was disliked, Meade, thanks to a more attractive
+character, enjoyed a certain popularity.</p>
+
+<hr style="width: 25%;" />
+
+<p>Such was the process by which the Disciplinarians, the Humanitarians, and
+the Republican Politicians hoped to gain their respective purposes. What
+were the results of the process by the end of the administration of Meade?</p>
+
+<p>For the Disciplinarians they were not encouraging. Military government was
+received not as discipline but as bullying. The spirit which
+reconstruction was designed to quell was only embittered; for to those who
+entertained it reconstruction was not the chastening of the nation, but
+the domineering of a political party, which it was hoped and believed
+would soon lose its ascendency.<a name="fna126_126" id="fna126_126"></a><a href="#f126_126" class="fnanchor">[126]</a></p>
+
+<p>For the Humanitarians reconstruction had produced written laws regarding
+equality of civil and political rights, which were deemed a subject of
+congratulation. Outside the laws they would have found less encouragement.
+The kindness of the white people toward the negroes had been changed to
+apprehension by the events of 1865. When the advent of negro suffrage
+brought the carpet-baggers to the South to marshal the negro voters for
+their own benefit, and when these men began to disturb the negroes by
+organizing them into mysterious Union Leagues and giving them<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span>
+indigestible ideas of their rights, apprehension became alarm. Negroes
+seized property of all kinds&mdash;including even plantations&mdash;by violence,
+supposing this to be one of their new rights. Already they had raised a
+new terror by crimes against white women, hitherto unknown. Some
+thoughtful men believed that the best defence against the dangers
+apprehended from the disturbed black population was kindness and friendly
+influence.<a name="fna127_127" id="fna127_127"></a><a href="#f127_127" class="fnanchor">[127]</a> That opinion was not heard after the arrival of the
+carpet-baggers; its methods were then seen to be inadequate. Secret
+organizations were formed by white men for protection against the negroes.
+These organizations, which sowed the seed of a subsequent harvest of
+crime, at first included men of the best character and of the highest
+standing.<a name="fna128_128" id="fna128_128"></a><a href="#f128_128" class="fnanchor">[128]</a> Thus reconstruction, together with its written laws, had
+produced conditions which made the net Humanitarian results doubtful, at
+least for the moment.</p>
+
+<p>For the Republican Politicians reconstruction did not produce in Georgia
+all that was to be desired. When the enterprise was first launched some of
+the white men, though offended, favored accepting the inevitable and
+endeavoring to elect good men to the constitutional convention and to the
+new state government.<a name="fna129_129" id="fna129_129"></a><a href="#f129_129" class="fnanchor">[129]</a> Others, carried further by their anger,
+determined to take no part in elevating the negroes and debasing their
+heroes. Prominent among these, as we have said, was Governor Jenkins.
+These men stayed at home on October 29, 1867, contemptuously ignoring the
+&#8220;bogus concern called an election,&#8221; which occurred on that day.<a name="fna130_130" id="fna130_130"></a><a href="#f130_130" class="fnanchor">[130]</a> Many
+of these latter, by the time the &#8220;motley crew assembled at Atlanta&#8221; had
+finished its labors, decided to<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> follow the example of the former. A
+convention met at Macon on December 5, 1867, formed a party, the Georgia
+Conservatives, named a ticket, with John B. Gordon at the head, and began
+a powerful campaign for the defeat of negroes and adventurers at the April
+election.<a name="fna131_131" id="fna131_131"></a><a href="#f131_131" class="fnanchor">[131]</a> To make an active fight was recognized as a better course
+than to stand in ineffectual scorn.<a name="fna132_132" id="fna132_132"></a><a href="#f132_132" class="fnanchor">[132]</a> As a result the sweeping victory
+expected by the Republican Politicians did not occur in Georgia. A
+Republican governor was elected; but in the state senate the seats were
+equally divided between the Republicans and the Conservatives, in the
+state house of representatives the Conservatives obtained a large
+majority, and of the seven Congressmen elected three were
+Conservatives.<a name="fna133_133" id="fna133_133"></a><a href="#f133_133" class="fnanchor">[133]</a></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span></p>
+<h2><a name="CHAPTER_V" id="CHAPTER_V"></a>CHAPTER V</h2>
+<p class="center"><span class="big">THE SUPPOSED RESTORATION OF 1868</span></p>
+
+<p>The passage of the Reconstruction Acts of 1867 determined the course of
+reconstruction, but did not stop discussion. When Congress met in
+December, 1867, the acts passed continued to be attacked and defended and
+new bills to be introduced and dropped. But the plan as adopted remained
+untouched, with one exception.</p>
+
+<p>One of the reasons given by the joint committee on reconstruction for
+abolishing the Johnson governments was that the Johnson constitutions had
+not been ratified by popular vote, and therefore did not rest upon the
+consent of a majority of the people. To avoid a like defect in the new
+governments the act of March 23 had provided that the new constitutions
+should be regarded as adopted only if a majority of the registered voters
+took part in the vote on the question of adoption. At its next session
+Congress repented of this provision; it was now seen to involve the risk
+that the opponents of reconstruction in the southern states would defeat
+the new constitutions by the plan of inaction. This risk should be
+avoided, since the adoption of a state constitution probably meant the
+election of a Republican state government, and hence of Republican
+Senators, as well as Republican Congressional Representatives and
+Republican Presidential Electors in November, 1868. These advantages would
+be lost if the new constitutions were defeated. Therefore, by an act which
+became law on March 11, 1868, the reconstruction legislation was amended
+so as to provide that elections held under that legislation should be<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span>
+decided by a majority of the votes cast. This act also adopted as part of
+the general scheme two expedients already employed by Pope in the Third
+District. That is to say, it provided that any registered voter might vote
+in any election district in his state, provided he had lived there ten
+days, and that the elections should be &#8220;continued from day to day.&#8221;<a name="fna134_134" id="fna134_134"></a><a href="#f134_134" class="fnanchor">[134]</a></p>
+
+<p>Aside from these alterations, Congress allowed reconstruction to complete
+its course according to the first plan. Within the first six months of
+1868 North Carolina, South Carolina, Louisiana and Florida, besides
+Georgia, had adopted new constitutions. According to the Act of March 2,
+1867, two more steps would complete the process for these states; namely,
+the ratification by their legislatures of the Fourteenth Amendment, and
+the declaration &#8220;by law&#8221; (provided Congress approved the constitutions)
+that they were entitled to representation in Congress.<a name="fna135_135" id="fna135_135"></a><a href="#f135_135" class="fnanchor">[135]</a> Congress now
+decided, instead of waiting for the ratification of the amendment, to pass
+the declaratory law at once, which should operate as soon as the
+ratification should have occurred. By this method one act would suffice
+for all the states which had adopted constitutions.</p>
+
+<p>The bill for this purpose was called the Omnibus Bill. It provided that
+North Carolina, South Carolina, Georgia, Florida, Louisiana, and also
+Alabama,<a name="fna136_136" id="fna136_136"></a><a href="#f136_136" class="fnanchor">[136]</a> should be admitted to representation in Congress as soon as
+their legislatures elected under the new constitution should have ratified
+the Fourteenth Amendment, on condition that the provisions of that
+amendment regarding eligibility to office should at once<span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span> go into
+operation in those states, and on condition that the constitution of none
+of them should ever be amended so as to deprive of the right to vote any
+citizens entitled to that right as the constitutions then stood. A special
+condition was imposed on Georgia; namely, that Article V., section 17, &sect;&sect;
+1 and 3 of her constitution be declared void by the legislature. A
+precedent for such a requirement was found in the act of 1821, admitting
+Missouri to statehood.<a name="fna137_137" id="fna137_137"></a><a href="#f137_137" class="fnanchor">[137]</a> The bill gave the governors-elect in the
+states concerned authority to call the legislatures immediately to fulfill
+the required conditions.<a name="fna138_138" id="fna138_138"></a><a href="#f138_138" class="fnanchor">[138]</a></p>
+
+<p>The Omnibus Bill became law on June 25, 1868. On the same day Rufus B.
+Bullock, the governor-elect of Georgia, issued a proclamation in
+accordance with the act, summoning the legislature to meet on July
+4th.<a name="fna139_139" id="fna139_139"></a><a href="#f139_139" class="fnanchor">[139]</a></p>
+
+<p>Now, the Reconstruction Act of July 10th, 1867, had provided as follows:</p>
+
+<div class="blockquot"><p>All persons hereafter elected or appointed to office in said military
+districts, under any so-called state or municipal authority, or by
+detail or appointment of the district commanders, shall be required
+to take ... the oath of office prescribed by law for officers of the
+United States.<a name="fna140_140" id="fna140_140"></a><a href="#f140_140" class="fnanchor">[140]</a></p></div>
+
+<p>On April 15th Meade had announced that in accordance with this provision
+the members of the legislature to be elected on April 20th would be
+required to subscribe to the Test Oath. But he was later advised from
+headquarters, and by certain prominent members of Congress, that the
+persons contemplated by the act of July 19, 1867, were those elected under
+the Johnson government, not under the new government; and that therefore
+the men elected on April<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> 20th were not &#8220;officers elected under any
+so-called state authority&#8221; in the sense of the act of July 19th. The
+eligibility of these men, he was told, was to be determined by the
+provisions of the new constitution and by the Fourteenth Amendment, and
+they were not required to take the Test Oath.<a name="fna142_142" id="fna142_142"></a><a href="#f142_142" class="fnanchor">[142]</a> Meade therefore did not
+enforce his order. But though the new government was exempt from this one
+requirement of the Reconstruction Acts, it was subject to the provision
+which said:</p>
+
+<div class="blockquot"><p>... until the people of said rebel states shall be by law admitted to
+representation in the Congress of the United States, any civil
+government which may exist therein shall be deemed provisional only,
+and in all respects subject to the paramount authority of the United
+States.</p></div>
+
+<p>Over the new state government, as over the old, Meade would exercise the
+powers of a district commander until the legislature by complying with the
+requirements of the Omnibus Act, should have made that act operative.</p>
+
+<p>On June 28 Meade relieved General Ruger of the office of governor and
+appointed in his place the governor-elect, Bullock, whom he directed to
+organize the legislature on July 4.<a name="fna143_143" id="fna143_143"></a><a href="#f143_143" class="fnanchor">[143]</a> When the legislature met on that
+day, therefore, Bullock called each house to order in turn, and under his
+direction as chairman the members were sworn in (by the official oath
+prescribed in the state constitution), and the presiding officers elected.</p>
+
+<p>On July 7 the legislature informed the governor that it was organized and
+ready to proceed to business. Bullock, instead of replying, wrote to
+Meade, stating that it was alleged that a number of men seated in the
+legislature were ineligible to office according to the proposed Fourteenth
+Amendment, and hence were disqualified from holding their<span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span> seats by the
+Omnibus Act.<a name="fna144_144" id="fna144_144"></a><a href="#f144_144" class="fnanchor">[144]</a> Meade replied on July 8 that the allegation was serious,
+and that he would not recognize as valid any act of the legislature until
+satisfactory evidence should be presented that the legislature contained
+no member who would be disqualified from office by the Fourteenth
+Amendment.<a name="fna145_145" id="fna145_145"></a><a href="#f145_145" class="fnanchor">[145]</a> Bullock sent Meade&#8217;s letter to the legislature, and both
+houses appointed committees to investigate the eligibility of every
+member. These committees reported on July 17. The senate committee
+reported that no senators were ineligible. A minority of the committee
+found, on evidence detailed in its report, that four were ineligible.
+After much debate the majority report was adopted.<a name="fna146_146" id="fna146_146"></a><a href="#f146_146" class="fnanchor">[146]</a> The house
+committee reported that two representatives were ineligible. A minority
+report found three ineligible. A second minority report found that none
+were ineligible. The last was adopted.<a name="fna147_147" id="fna147_147"></a><a href="#f147_147" class="fnanchor">[147]</a></p>
+
+<p>The conclusions of the two houses may be regarded, in view of these
+proceedings, with some just suspicion. Bullock in informing Meade of them
+expressed the opinion that the legislature had failed to furnish the
+&#8220;satisfactory evidence&#8221; upon which Meade had conditioned his
+recognition.<a name="fna148_148" id="fna148_148"></a><a href="#f148_148" class="fnanchor">[148]</a> If Meade had desired to know the exact truth, he might
+well have accepted Bullock&#8217;s advice and ignored the reports, investigated
+the records of the legislators himself, and excluded those whom he found
+ineligible. But Meade desired only to see that the acts of Congress were
+complied with. &#8220;Satisfactory evidence&#8221; was evidence not logically, but
+formally satisfactory. Meade followed the established principle that
+legislative bodies are the final judges of the eligibility of their
+members. He considered the statement of<span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span> the legislature that its members
+were all eligible formally satisfactory evidence that the acts of Congress
+were obeyed. Having this evidence, he refused to interfere further. His
+decision was influenced partly by reluctance to interfere more than was
+necessary, and partly by aversion to aiding Bullock to gain a party
+advantage, which he alleged to be the governor&#8217;s chief motive in urging
+the rejection of the reports.<a name="fna149_149" id="fna149_149"></a><a href="#f149_149" class="fnanchor">[149]</a> He acted with the approval of the
+general of the army.<a name="fna150_150" id="fna150_150"></a><a href="#f150_150" class="fnanchor">[150]</a></p>
+
+<p>He notified the governor that the legislature was legally organized from
+the date of the adoption of the reports (July 17).<a name="fna151_151" id="fna151_151"></a><a href="#f151_151" class="fnanchor">[151]</a> Bullock
+transmitted this message to the legislature on July 21. On that day both
+houses ratified the Fourteenth Amendment and declared void the sections of
+the constitution required to be so declared by the Omnibus Act.<a name="fna152_152" id="fna152_152"></a><a href="#f152_152" class="fnanchor">[152]</a></p>
+
+<p>As soon as the legislature had performed these acts Georgia was,
+presumably, according to the acts of Congress, a state of the Union. On
+July 22 Meade directed all state officers holding by military appointment
+to turn over their offices to those elected or appointed under the new
+government.<a name="fna153_153" id="fna153_153"></a><a href="#f153_153" class="fnanchor">[153]</a> On July 28 orders issued from the headquarters of the
+army stating that the general commanding in the Third Military District
+had ceased to exercise authority under the Reconstruction Acts, and that
+Georgia, Florida and Alabama no longer constituted a military district,
+but should henceforth constitute an ordinary military circumscription&mdash;the
+Department of the South.<a name="fna154_154" id="fna154_154"></a><a href="#f154_154" class="fnanchor">[154]</a> On July 22 Bullock, who had up to that time
+been governor by military appointment, was inaugurated in the regular
+manner and became governor under the state constitution.<a name="fna155_155" id="fna155_155"></a><a href="#f155_155" class="fnanchor">[155]</a> On July 25,
+the seven<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> congressmen-elect from Georgia were seated in the House of
+Representatives.<a name="fna156_156" id="fna156_156"></a><a href="#f156_156" class="fnanchor">[156]</a> The Georgia Senators would doubtless have been
+seated at this time if they had arrived before the close of the session;
+but they were elected by the legislature on July 29,<a name="fna157_157" id="fna157_157"></a><a href="#f157_157" class="fnanchor">[157]</a> two days after
+Congress adjourned.<a name="fna158_158" id="fna158_158"></a><a href="#f158_158" class="fnanchor">[158]</a> In view of Georgia&#8217;s compliance with the
+Reconstruction Acts and the Omnibus Act, and in view of the various
+official recognitions that that compliance was complete, there could now
+be no doubt that her reconstruction was accomplished and her statehood
+regained.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span></p>
+<h2><a name="CHAPTER_VI" id="CHAPTER_VI"></a>CHAPTER VI</h2>
+<p class="center"><span class="big">THE EXPULSION OF THE NEGROES FROM THE LEGISLATURE<br />AND THE USES TO WHICH
+THIS EVENT WAS APPLIED</span></p>
+
+<p>When the Georgia Republicans, or Radicals, as they were locally called,
+found that instead of a sweeping victory they had won only a governorship
+hemmed in by a hostile legislature, an effort was made, as we have said,
+to improve their position through the interference of Meade. Meade refused
+to aid them. When, a short time afterwards, federal power, on which they
+had hitherto relied, was completely withdrawn, they seemed left to make
+the best of an uncomfortable position without any assistance. At this
+point a god appeared from the machine.</p>
+
+<p>In the state senate there were three negroes, in the lower house
+twenty-five.<a name="fna159_159" id="fna159_159"></a><a href="#f159_159" class="fnanchor">[159]</a> Their presence was an offense. It was an offense not
+merely to the Conservative members. Some of the Republicans entertained
+Conservative sentiments and principles, but supported reconstruction
+simply in order to hasten the liberation of the state from Congressional
+interference.<a name="fna160_160" id="fna160_160"></a><a href="#f160_160" class="fnanchor">[160]</a> To them as well as to the Conservatives &#8220;negro rule&#8221;
+was obnoxious. Negro rule, so far as it consisted in negro suffrage, was
+established by the constitution. But negro office-holding was not so
+established expressly. As early as<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> July 25, 1868, the question, whether
+negroes were eligible to the legislature, was raised in the state
+senate.<a name="fna161_161" id="fna161_161"></a><a href="#f161_161" class="fnanchor">[161]</a></p>
+
+<p>Legally considered, the question had two sides, each supported by eminent
+lawyers. For the negroes it was argued that Irwin&#8217;s Code, which was made
+part of the law of the state by the constitution,<a name="fna162_162" id="fna162_162"></a><a href="#f162_162" class="fnanchor">[162]</a> enumerated among
+the rights of citizens the right to hold office.<a name="fna163_163" id="fna163_163"></a><a href="#f163_163" class="fnanchor">[163]</a> Negroes were made
+citizens of equal rights with all other citizens by the new
+constitution.<a name="fna164_164" id="fna164_164"></a><a href="#f164_164" class="fnanchor">[164]</a> Therefore they had the right to hold office. It was
+true that the constitution did not grant the right to hold office to the
+negroes expressly, as it granted the right to vote; but in view of the
+fact that the convention which made the constitution was elected by 25,000
+white and 85,000 colored men, and that that constitution was adopted by
+35,000 white and 70,000 colored men, it would be absurd to suppose that
+the intent of that instrument was to withhold office from the
+negroes.<a name="fna165_165" id="fna165_165"></a><a href="#f165_165" class="fnanchor">[165]</a> On the other side, it was argued that the right to hold
+office did not belong to every citizen, but only to such citizens as the
+law specially designated, or to such as possessed it by common law or
+custom. Irwin&#8217;s Code could not be cited to prove that negroes had the
+right, because that law had been enacted before the negroes had been made
+citizens, and the word <i>citizens</i> in it referred to those who were
+citizens at that time. As the negro had no right to hold office because he
+was a citizen, and as he could not claim the right from common law or
+custom, he could obtain it only by specific grant of law. There was no
+such grant. The argument for the negro was made by the Supreme Court of
+the state in 1869, the opposing argument by one of the justices of that
+court in a dissenting opinion.<a name="fna166_166" id="fna166_166"></a><a href="#f166_166" class="fnanchor">[166]</a></p>
+
+<p><span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span>Such were the legal aspects of the question, which were of course less
+important than the political and the emotional aspects. The legislature
+passed upon the issue in the early part of September, 1868, by declaring
+all the colored members ineligible, and admitting to the vacated seats the
+candidates who had received respectively the next highest number of
+votes.<a name="fna167_167" id="fna167_167"></a><a href="#f167_167" class="fnanchor">[167]</a> If there was some legal ground for unseating the negroes,
+there was none for seating the minority candidates. It was done on the
+authority of the clause in Irwin&#8217;s Code which said:</p>
+
+<div class="blockquot"><p>If at any popular election to fill any office the person elected is
+ineligible, ... the person having the next highest number of votes,
+who is eligible, whenever a plurality elects, shall be declared
+elected.<a name="fna168_168" id="fna168_168"></a><a href="#f168_168" class="fnanchor">[168]</a></p></div>
+
+<p>But this clause is found under the title &#8220;Of the Executive Department,&#8221;
+and under the sub-head &#8220;Regulations as to All Executive Offices and
+Officers.&#8221; Under the next title &#8220;Of the Legislative Department,&#8221; there is
+no such provision.</p>
+
+<p>For a legislature to unseat some of the elected members because on not
+untenable legal grounds it finds them ineligible, is not unusual. But the
+act of the Georgia legislature could not, under the circumstances, be
+regarded in the ordinary way. It showed strong racial prejudice. It was a
+startling breach of the system which reconstruction had been designed to
+institute, committed the very moment after the federal government withdrew
+its hand. It fixed on Georgia at once the earnest and unfavorable
+attention of northern public opinion. This fact enabled the Georgia
+Republicans to bring the federal government again to their assistance.</p>
+
+<p>Their leader, Governor Bullock, at the next session of Congress (December,
+1868), presented a letter to the Senate, saying that Georgia had not yet
+been admitted to the Union.<span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span> She had not been admitted by the Omnibus Act,
+for that act provided that she should be admitted when certain things had
+been done, and those things had not been done. By the Reconstruction Act
+of July 19, 1867, all persons elected in Georgia were required to take the
+Test Oath. The members of the present legislature had never taken it.
+Therefore the action which that body had taken on July 21st, regarding the
+Fourteenth Amendment, was not a ratification by a legislature formed
+<ins class="correction" title="original: acording">according</ins> to the Reconstruction Acts; it was simply a ratification by a
+body which called itself the legislature. Hence the Omnibus Act had not
+yet gone into effect as to Georgia, and Georgia was not yet entitled to
+representation in Congress.<a name="fna169_169" id="fna169_169"></a><a href="#f169_169" class="fnanchor">[169]</a></p>
+
+<p>If this argument was valid in the winter of 1868, it must also have been
+valid in the preceding summer. Yet in July Bullock had made no objection
+to being inaugurated as governor of Georgia, on the ground that Georgia
+had not become a state. He had not refused on that ground to issue on
+September 10th a commission to Joshua Hill, reciting that he had been
+regularly elected to the Senate of the United States by the legislature of
+the state, and signed &#8220;Rufus B. Bullock, governor.&#8221;<a name="fna170_170" id="fna170_170"></a><a href="#f170_170" class="fnanchor">[170]</a> The argument was
+an afterthought, not advanced until the expulsion of the negroes created a
+favorable opportunity for a hearing. It conflicted with the declarations
+and acts of the military authorities, and of the House of Representatives,
+but the sentiment aroused by the expulsion of the negroes was considered
+strong enough to sustain a repudiation of those declarations and acts.</p>
+
+<p>Direct appeal to this sentiment was the auxiliary to the above argument.
+Bullock&#8217;s letter to the Senate was accompanied by a memorial from a
+convention of colored men held at Macon in October. It said that there
+existed in Georgia<span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span> a spirit of hatred toward the negroes and their
+friends, which resulted in the persecution, political repression,
+terrorizing, outrage and murder of the negroes, in the burning of their
+schools, and in the slander, ostracism and abuse of their teachers and
+political friends. Of this the act of the legislature was an instance and
+an evidence. The aid of the federal government was implored.<a name="fna171_171" id="fna171_171"></a><a href="#f171_171" class="fnanchor">[171]</a></p>
+
+<p>Similar charges had been made, it will be remembered, in the debates of
+1866 and 1867. Now, however, they began to be urged with an earnestness
+and persistence altogether new. So conspicuous is this fact in the debates
+in Congress that a southern writer ironically remarks: &#8220;From this time
+forth the entire white race of the South devoted itself to the killing of
+negroes.&#8221;<a name="fna172_172" id="fna172_172"></a><a href="#f172_172" class="fnanchor">[172]</a> The rest of this chapter will be devoted to considering how
+much truth there was in the reported abuse of negroes and &#8220;loyal&#8221; persons.</p>
+
+<p>We stated in Chapter II. that after the war a bitter jealousy and
+animosity toward the negroes arose among the lower class of the white
+population, and in Chapter IV. that the restless conduct of the negroes
+under the influences of reconstruction filled the upper class with such
+alarm that they formed secret organizations in self-defence. This
+practice, at first supported and led by good men of the higher class,
+simply for defence, soon fell into the hands of the poor white class, the
+criminal class, and the turbulent and discontented young men of all
+classes, and became an instrument of revenge, crime and oppression. The
+change, however, was not a complete transformation. A great deal of the
+whipping inflicted upon negroes was <i>bona fide</i> chastisement for actual
+misdemeanors. This mode of punishment was the natural product of the
+transition from the old social conditions, when the negroes were
+disciplined by their masters,<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> to
+the new conditions.<a name="fna173_173" id="fna173_173"></a><a href="#f173_173" class="fnanchor">[173]</a> But besides
+these acts of correction many outrages were committed upon negroes, and
+also upon white men, simply from malice or vengeance, or other private
+motive.<a name="fna174_174" id="fna174_174"></a><a href="#f174_174" class="fnanchor">[174]</a> These outrages included some homicides.<a name="fna175_175" id="fna175_175"></a><a href="#f175_175" class="fnanchor">[175]</a> The testimony of
+credible contemporaries belonging to both political parties agrees that
+the Ku Klux Klan and similar organizations were used only to a very small
+extent for political purposes.<a name="fna176_176" id="fna176_176"></a><a href="#f176_176" class="fnanchor">[176]</a></p>
+
+<p>How many of these corrective or purely vicious acts were perpetrated upon
+negroes? Democrats of that time commonly said that the number was
+insignificant, that the peace was as well kept in Georgia as in any
+northern state, and that statements to the contrary were invented for
+political purposes.<a name="fna177_177" id="fna177_177"></a><a href="#f177_177" class="fnanchor">[177]</a> The number was, indeed, greatly exaggerated by
+Republicans, as some of the Republicans themselves admitted.<a name="fna178_178" id="fna178_178"></a><a href="#f178_178" class="fnanchor">[178]</a> Making
+allowance for the warping of the truth in both directions, and considering
+the statements of the moderate Republicans,<a name="fna179_179" id="fna179_179"></a><a href="#f179_179" class="fnanchor">[179]</a> and the admissions of
+some of the Democrats,<a name="fna180_180" id="fna180_180"></a><a href="#f180_180" class="fnanchor">[180]</a> remembering also the recent disbandment of the
+army and the disturbed conditions of society, we must conclude that the
+attacks on negroes, made by disguised bands and otherwise, were very
+numerous.</p>
+
+<p><span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span>The friends of the negroes also fared badly. Philanthropic women who came
+from the North to teach in the negro schools were almost invariably
+treated with contempt and avoided by the white people.<a name="fna181_181" id="fna181_181"></a><a href="#f181_181" class="fnanchor">[181]</a> This was due
+partly to the lingering bitterness of the war and partly to the connection
+of the negro schools with the Freedmen&#8217;s Bureau. This institution, the
+office of which was to set up strangers, from a recently hostile country,
+to instruct the southern people in their private affairs, was in itself
+odious. It was rendered more odious by the want of intelligence and tact,
+and even of honesty, which is said to have frequently characterized its
+officers. That the hatred thus aroused should be visited upon true
+philanthropists who were connected with the Bureau was unfortunate, but
+inevitable. As for the political friends of the negroes, the &#8220;loyal&#8221; men,
+or in other words the white men who supported reconstruction, they were
+habitually treated by the Conservative press and by Conservative speakers
+with violent invective. Conservative editors and orators neither engaged
+in nor recommended the slaughter or outrage of Radicals, but by
+continually voicing furious sentiments, they furnished encouragement to
+action of that sort by men of less intelligence and self-control.<a name="fna182_182" id="fna182_182"></a><a href="#f182_182" class="fnanchor">[182]</a></p>
+
+<p>The accounts of lawlessness and persecution in Georgia, though
+exaggerated, undoubtedly had a substantial foundation. Whether this fact
+was a good argument for renewed interference in the state government by
+Congress is another question.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span></p>
+<h2><a name="CHAPTER_VII" id="CHAPTER_VII"></a>CHAPTER VII</h2>
+<p class="center"><span class="big">CONGRESSIONAL ACTION REGARDING GEORGIA FROM DECEMBER, 1868, TO DECEMBER, 1869</span></p>
+
+<p>On December 7, 1868, the credentials of Joshua Hill, one of the Senators
+elected by the Georgia legislature in the previous July, were presented in
+the United States Senate. Immediately the letter of Governor Bullock and
+the memorial of the negro convention were also presented. These documents,
+seconded by a speech from a Senator dwelling on the fact that Georgia was
+under &#8220;rebel control,&#8221; secured the reference of Hill&#8217;s credentials to the
+committee on the judiciary.<a name="fna183_183" id="fna183_183"></a><a href="#f183_183" class="fnanchor">[183]</a> This committee on January 25, 1869,
+recommended that Hill be not admitted to the Senate.<a name="fna184_184" id="fna184_184"></a><a href="#f184_184" class="fnanchor">[184]</a></p>
+
+<p>The reason for this recommendation, said the committee&#8217;s report, was that
+Georgia had failed to comply with the requirements of the Omnibus Act, and
+so was not yet entitled to representation in Congress. The failure here
+referred to was not that alleged by Bullock&mdash;that the members of the
+legislature had not taken the Test Oath&mdash;but the failure of the two houses
+to exclude persons disqualified by the Fourteenth Amendment. The Omnibus
+Act had provided that Georgia should be entitled to representation in
+Congress when her legislature had &#8220;<i>duly</i>&#8221; ratified the Fourteenth
+Amendment. The word <i>duly</i> meant <i>in a certain manner</i>&mdash;namely, the manner
+required by the rest of the act. The<span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span> failure to exclude the disqualified
+members was a departure from this manner.</p>
+
+<p>We saw in Chapter V. that each of the committees appointed by the Georgia
+legislature in July to investigate the eligibility of members was divided,
+that both houses voted that all were eligible in the face of detailed
+evidence to the contrary, that the decision of the lower house
+contradicted the majority of its committee, and that Meade accepted the
+decision rather for the sake of convenience and finality than because it
+was indisputably correct. On these facts and on some independent
+investigation the Senate judiciary committee based its belief that the
+legislature had failed to obey the Omnibus Act in this respect.</p>
+
+<p>Trumbull, of this committee, submitted a minority report. He admitted that
+the decision of the legislature may have been incorrect. But he protested
+that if the United States government intended to regard the presence of
+half a dozen ineligible members in a body of two hundred and nineteen as
+entirely vitiating the action of the legislature, it should have taken
+this stand at first. If at first it had, through its representative,
+Meade, overlooked the irregularity as a trifle, it seemed only just to
+continue to overlook it, and not to make it now the occasion for
+augmenting the turmoil in the state by fresh interference.</p>
+
+<p>But the majority rejoined that there were very good reasons for not
+overlooking the irregularity. It was not a mere trifling departure from
+the letter of the act of Congress, it was a violation of the spirit of
+that act. &#8220;The obvious design&#8221; of the Omnibus Act &#8220;was to prevent the new
+organization from falling under the control of enemies of the United
+States.&#8221; The expulsion of the negroes showed that that design had been
+frustrated and that the government was under &#8220;rebel control;&#8221; it showed a
+&#8220;common purpose to ... resist the authority of the United States.&#8221;
+Moreover, the<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span> &#8220;disorganized condition of society&#8221; in the state made it
+necessary for the federal government to intervene again in Georgia, not
+only to vindicate its law, but to preserve order.</p>
+
+<p>The protest of Trumbull is significant as an early sign of the growth
+within the Republican party of an opposition to the prolongation of
+Congressional interference with the southern state governments.</p>
+
+<p>The report of the judiciary committee was not acted upon, and thus the
+Senate avoided a categorical decision. But Hill was not admitted. A number
+of bills relating to Georgia were introduced; a bill &#8220;to carry out the
+Reconstruction Acts in Georgia&#8221; by Sumner,<a name="fna185_185" id="fna185_185"></a><a href="#f185_185" class="fnanchor">[185]</a> a bill to repeal the act
+of June 25, 1868, in so far as it admitted Georgia, and to provide for a
+provisional government in that state, by Edmunds,<a name="fna186_186" id="fna186_186"></a><a href="#f186_186" class="fnanchor">[186]</a> and others. All of
+these soon lapsed.</p>
+
+<p>Meanwhile, in the House of Representatives the committee on reconstruction
+had been instructed to examine the public affairs of Georgia and to
+inquire what measures ought to be taken regarding the representatives of
+Georgia in the House.<a name="fna187_187" id="fna187_187"></a><a href="#f187_187" class="fnanchor">[187]</a> Many citizens of Georgia, black and white,
+testified before the committee.<a name="fna188_188" id="fna188_188"></a><a href="#f188_188" class="fnanchor">[188]</a> Among them Governor Bullock was
+conspicuous, advocating the enforcement of the Test Oath qualification&mdash;a
+fact which aroused great indignation in the state.</p>
+
+<p>The doubtful position in which Georgia now hung raised the question, what
+should be done with her electoral votes in February, 1869? Congress had
+passed a joint resolution on July 20, 1868, to the effect that none of the
+states affected by the Omnibus Act should be entitled to vote in the
+Electoral College in 1869 unless at the time for choosing electors it had
+become entitled to representation in<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span>
+Congress.<a name="fna189_189" id="fna189_189"></a><a href="#f189_189" class="fnanchor">[189]</a> As February 10, the
+day for counting the votes, approached, it was considered desirable, in
+order that the ceremony might pass off smoothly, that the Senate and the
+House should agree by a special rule what should be done with Georgia&#8217;s
+votes. Now, the Senate could not agree to a rule declaring that the votes
+should be counted, for that would imply that the state had become entitled
+to representation in Congress, and the Senate had refused to admit Hill.
+But the House could not concur in declaring that the votes should not be
+counted; for that would imply that the state had not become entitled to
+representation in Congress, and the House had admitted seven
+Representatives from the state. It was therefore agreed by a concurrent
+resolution passed February 8, that at the count of the electoral votes, in
+case the Georgia votes should be found not to affect the result
+essentially (which it was well known would be the case), then the
+presiding officer should make the following announcement:</p>
+
+<div class="blockquot"><p>Were the votes presented as of the state of Georgia to be counted,
+the result would be for &mdash;&mdash; for President of the United States, &mdash;
+votes; if not counted, for &mdash;&mdash;, for President of the United States,
+&mdash; votes; but in either case &mdash;&mdash; is elected President of the United
+States;</p></div>
+
+<p>and a similar announcement of the votes for Vice-President.<a name="fna190_190" id="fna190_190"></a><a href="#f190_190" class="fnanchor">[190]</a>
+Accordingly, on February 10, amid the wildest uproar, caused by the
+blunders of a perplexed chairman and the violent protest of a group of
+Representatives, led by Butler, against the execution of the special rule,
+which had been rushed through the House without their knowledge, it was
+announced that the electoral vote was as follows:</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>For Grant and Colfax</td></tr>
+<tr><td><span style="margin-left: 1em;">Including Georgia&#8217;s votes</span></td><td align="right">214</td></tr>
+<tr><td><span style="margin-left: 1em;">Excluding Georgia&#8217;s votes</span>&nbsp;</td><td align="right">214</td></tr>
+<tr><td>&nbsp;<span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span></td></tr>
+<tr><td>For Seymour and Blair</td></tr>
+<tr><td><span style="margin-left: 1em;">Including Georgia&#8217;s votes</span></td><td align="right">80</td></tr>
+<tr><td><span style="margin-left: 1em;">Excluding Georgia&#8217;s votes</span></td><td align="right">71</td></tr></table>
+
+<p>and that in either case Grant and Colfax were elected.<a name="fna191_191" id="fna191_191"></a><a href="#f191_191" class="fnanchor">[191]</a></p>
+
+<p>On March 5, the first day of the forty-first Congress, the House of
+Representatives was able to get rid of the Georgia Representatives on a
+technicality. The same delegation which had represented Georgia since
+July, 1868, appeared again to finish its supposed term. Their credentials
+failed to state to what Congress they had been elected, but authorized
+them to take seats in the House of Representatives according to the
+ordinance of the Georgia constitutional convention passed March 10, 1868.
+Now, this ordinance provided that all the public officers who should be
+elected on April 20 should enter on their duties as soon as authorized by
+Congress or by the general commanding the military district, but should
+continue in the same as long as they would if elected in the November
+following.<a name="fna192_192" id="fna192_192"></a><a href="#f192_192" class="fnanchor">[192]</a> These Congressmen, then, were elected to serve as if
+elected in November, 1868, that is, they were elected members of the
+forty-first Congress. But they had already served several months in the
+fortieth. If they should serve through the forty-first they would exceed
+the constitutional term. The convention of Georgia could make the first
+term of all state officers longer than the regular term subsequently to
+obtain; it could not so lengthen the term of members of the Congress of
+the United States. The credentials were referred to the committee of
+elections, and the House was thus relieved of the presence of the Georgia
+representatives, which would have been an embarrassment in the subsequent
+proceedings.<a name="fna193_193" id="fna193_193"></a><a href="#f193_193" class="fnanchor">[193]</a></p>
+
+<p><span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span>Several bills relating to Georgia were then introduced, which, though they
+were not advanced very far, are worth noticing.<a name="fna194_194" id="fna194_194"></a><a href="#f194_194" class="fnanchor">[194]</a> Their titles indicate
+the purpose &#8220;to enforce the Fourteenth Amendment.&#8221; Now, the Fourteenth
+Amendment consists principally of prohibitions on states; it could not be
+enforced in Georgia unless Georgia was a state. Georgia had (it was
+assumed) admitted to her legislature men subject to the disqualifications
+of the Fourteenth Amendment, and had excluded men from the legislature on
+the ground of color, thus denying the equal protection of the laws to
+citizens. The latter act had been done after the Fourteenth Amendment went
+into effect (July 28, 1868<a name="fna195_195" id="fna195_195"></a><a href="#f195_195" class="fnanchor">[195]</a>), the former before, but its effect
+continued. If Georgia was a state, then, she had violated the amendment,
+and Congress might correct these two acts by virtue of its power to
+enforce the amendment. If Georgia was not a state, she had not violated
+the Fourteenth Amendment, but her acts were subject to correction by
+Congress, because her government was &#8220;provisional only.&#8221; If, therefore,
+Congress proposed to enforce the Fourteenth Amendment in Georgia, it
+acknowledged that Georgia was a state, and so debarred itself from any
+interference not necessary to enforce that Amendment. If it proposed to
+interfere simply as with a provisional government, there was no such
+limitation.</p>
+
+<p>The bills of the first session of the forty-first Congress proposed to
+enforce the Fourteenth Amendment. To secure the enforcement of the
+disqualification clause they provided that each member of the legislature
+should be required to take an oath saying that he was not disqualified by
+the amendment, and that those who did not so swear should be excluded. To
+secure equal rights to the colored legislators they provided that all
+persons elected to the legislature <span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span>(according to General Meade&#8217;s
+announcement of the result of the election of 1868) who should take the
+test oath required should be admitted, and that the expulsion of the
+negroes should be declared void. The federal military authority was to
+assist in executing these measures if requested by the governor. These
+measures, it will be observed, were only such as might legally be taken
+regarding Massachusetts if it violated the Fourteenth Amendment.</p>
+
+<p>At the next session of Congress, beginning in December, 1869, the policy
+of enforcing the Fourteenth Amendment was abandoned for the alternative
+policy of legislating for a provisional government. The reason for the
+change was an emergency in which the Republican Politicians found
+themselves. In the previous February Congress had passed the joint
+resolution proposing the Fifteenth Amendment. By December it seemed
+certain that the number of ratifying states would fall short of the
+required three-fourths by just one, unless Congress could prevent it.<a name="fna196_196" id="fna196_196"></a><a href="#f196_196" class="fnanchor">[196]</a>
+Georgia furnished the means of preventing it. In March her legislature had
+rejected the proposed amendment.<a name="fna197_197" id="fna197_197"></a><a href="#f197_197" class="fnanchor">[197]</a> It could now be forced to ratify and
+thus complete the necessary majority. Georgia must then be treated not as
+a state which had violated the Fourteenth Amendment, but as a provisional
+organization subject to the uncontrolled will of Congress. A bill was
+accordingly prepared containing the same provisions as the bills of the
+preceding session, but adding this clause: &#8220;That the legislature shall
+ratify the Fifteenth Amendment before Senators and Representatives from
+Georgia are admitted to seats in Congress.&#8221; In accordance with its
+different legal basis the bill was entitled: &#8220;An act to promote the
+reconstruction of the state of Georgia.&#8221;</p>
+
+<p>Little need be said of the manner in which this bill was<span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span> passed. The
+usual partisan abuse prevailed on both sides. The Democrats made a
+remarkable opposition, led by Beck of Kentucky.<a name="fna198_198" id="fna198_198"></a><a href="#f198_198" class="fnanchor">[198]</a> The Republicans were
+aided by a message from President Grant urging the intervention of
+Congress,<a name="fna199_199" id="fna199_199"></a><a href="#f199_199" class="fnanchor">[199]</a> by the report of the reconstruction committee on affairs in
+Georgia,<a name="fna200_200" id="fna200_200"></a><a href="#f200_200" class="fnanchor">[200]</a> and by a report from General Terry, who was stationed in the
+Department of the South, alleging that disorder was rampant in Georgia and
+the need of further military government by federal authority
+imperative.<a name="fna201_201" id="fna201_201"></a><a href="#f201_201" class="fnanchor">[201]</a> Terry&#8217;s superior officer, General Halleck, added a
+postscript to Terry&#8217;s report to the effect that Terry was mistaken, that
+the disorder in Georgia was much less than was commonly believed, and that
+federal interference was highly inadvisable.<a name="fna202_202" id="fna202_202"></a><a href="#f202_202" class="fnanchor">[202]</a> Aided by the report and
+undeterred by the postscript, the Republicans discoursed of &#8220;rebel
+control&#8221; and &#8220;murder&#8221; with unprecedented effect. Butler said that Congress
+must act instantly; if action on the bill is postponed, he said, &#8220;the rest
+of the Republican majority of that state may be murdered, even during
+Christmas week, when the Son of God came on earth to bring peace and good
+will to man.&#8221;<a name="fna203_203" id="fna203_203"></a><a href="#f203_203" class="fnanchor">[203]</a></p>
+
+<p>The bill became law on December 22, 1869.<a name="fna204_204" id="fna204_204"></a><a href="#f204_204" class="fnanchor">[204]</a> Congress thus decided at
+last to adopt the opinion of the Senate judiciary committee, that Georgia
+had not become a state through the Omnibus Act. General Meade, in
+declaring the contrary, had been mistaken. Bullock, in calling himself
+governor, had been mistaken. The House of Representatives, in admitting
+members sent from Georgia, had been<span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span> mistaken; they were <i>de facto</i>
+members, but had no legal right there.<a name="fna205_205" id="fna205_205"></a><a href="#f205_205" class="fnanchor">[205]</a> The legal basis of the act of
+December 22 was then the same as that of the original Reconstruction Acts.</p>
+
+<p>The question which had been raised in the debates on these acts&mdash;What
+legal effect could the action of a body not the legislature of a state
+have on the adoption of an amendment to the constitution?&mdash;was raised
+again here. Some of the Republicans argued that such action could have no
+effect and should not be required.<a name="fna206_206" id="fna206_206"></a><a href="#f206_206" class="fnanchor">[206]</a> Under these circumstances there
+was a more earnest effort than any heretofore made to defend such a
+requirement. It was answered: True, the body which will ratify the
+amendment in Georgia will not be a state legislature at the time; but it
+will later become a state legislature, and then by relation the
+ratification will be imputed to the state legislature and will thus have
+legal effect. Relation, an operation known to private law, had been
+applied to constitutional law in several previous cases, in order to give
+to acts done by the legislatures of territories the same effect as if they
+had been done after statehood was obtained.<a name="fna207_207" id="fna207_207"></a><a href="#f207_207" class="fnanchor">[207]</a> The ratification by
+Georgia would be valid by relation.<a name="fna208_208" id="fna208_208"></a><a href="#f208_208" class="fnanchor">[208]</a></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span></p>
+<h2><a name="CHAPTER_VIII" id="CHAPTER_VIII"></a>CHAPTER VIII</h2>
+<p class="center"><span class="big">THE EXECUTION OF THE ACT OF DECEMBER 22, 1869, AND THE FINAL RESTORATION</span></p>
+
+
+<p>Before relating the manner in which the act of December 22, 1869 (which we
+shall call the Reorganization Act), was executed, we must mention its
+provisions in more detail than we did in the last chapter. It first
+&#8220;authorized and directed&#8221; the governor by proclamation to summon
+&#8220;forthwith&#8221; all persons elected to the legislature in April, 1868,
+according to Meade&#8217;s announcement of the result of the election then
+held,<a name="fna209_209" id="fna209_209"></a><a href="#f209_209" class="fnanchor">[209]</a> to meet in special session &#8220;on some day certain.&#8221; The act
+continued:</p>
+
+<div class="blockquot"><p>and thereupon the said general assembly shall proceed to perfect its
+organization in conformity with the Constitution and laws of the
+United States, according to the provisions of this act.</p></div>
+
+<p>When the legislature was assembled, every person claiming to be a member
+should take a test oath prescribed in the act, to the effect that he had
+never been a member of Congress or of a state legislature, nor held any
+civil office created by law for the administration of any general law of a
+state, or for the administration of justice in any state, or under the
+laws of the United States, nor served in the military or naval forces of
+the United States as an officer, and thereafter engaged in or supported
+hostilities against the United States; each person should take this oath
+or else an oath (also prescribed <i>verbatim</i>) that he had been relieved
+from disability by Congress according to section 3 of the<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span> Fourteenth
+Amendment. The exclusion on the ground of color of any person elected and
+otherwise qualified, the act declared &#8220;would be illegal and
+revolutionary,&#8221; and was &#8220;prohibited.&#8221; The act directed the President to
+use force in executing the act upon application from the governor.</p>
+
+<p>The process ordered by the act seems simple and obvious, but the general
+of the army deduced much from it not apparent on its face. This act, he
+reasoned, implies that the Georgia government is provisional, and has
+never ceased to be so since March 2, 1867. And in that case the act of
+March 2, 1867, has never ceased to operate as to Georgia, since by its own
+terms it is to remain in force in each &#8220;rebel state&#8221; until each
+respectively has been &#8220;by law admitted to representation in the congress
+of the United States.&#8221; Georgia has not been so admitted, since she did not
+comply with the Omnibus Act. Therefore the Reconstruction Acts are still
+in force in Georgia, and the general orders of July 28, 1868, declaring
+the Third Military District abolished were a mistake. Accordingly those
+orders were countermanded by the general of the army on January 4, 1870,
+and General Terry, a prominent advocate, as we have seen, of the revival
+of military government in Georgia, was placed in command of the remnant of
+the Third Military District.<a name="fna210_210" id="fna210_210"></a><a href="#f210_210" class="fnanchor">[210]</a></p>
+
+<p>The War Department&#8217;s deduction from the Reorganization Act of authority to
+institute again the system of the Reconstruction Acts came a month or two
+later under the consideration of the Senate judiciary committee, and was
+pronounced a gratuitous perversion of the act last passed. That act
+implied, to be sure, that the Georgia government was provisional; but it
+was plainly intended not to revive but to supersede the former regulations
+regarding that government. The purpose of the Reorganization Act was
+simply that the<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span> legislature should reorganize itself and ratify the
+Fifteenth Amendment. To this purpose military government had no relation.
+The Reconstruction Acts had not expired according to their own provisions
+as to Georgia, it was true, but they had been repealed by the
+Reorganization Act. This was further proved by the latter&#8217;s provision that
+military force should be used &#8220;upon the application of the governor.&#8221; The
+Reorganization Act, said the committee, &#8220;invokes military action in what
+it provides shall be done, and no more.&#8221;<a name="fna211_211" id="fna211_211"></a><a href="#f211_211" class="fnanchor">[211]</a> Unfortunately this opinion
+was delivered some time after the theory which it demolished had been in
+practical operation.</p>
+
+<p>Terry, having received the <i>r&ocirc;le</i> of military governor, played it as the
+true heir to the power of his great predecessors. He removed from office
+three sheriffs and a county ordinary and appointed successors.<a name="fna212_212" id="fna212_212"></a><a href="#f212_212" class="fnanchor">[212]</a> He
+intervened in eight private controversies and composed them with a strong
+hand.<a name="fna213_213" id="fna213_213"></a><a href="#f213_213" class="fnanchor">[213]</a> In two cases before the state courts he substituted his command
+for the regular process.<a name="fna214_214" id="fna214_214"></a><a href="#f214_214" class="fnanchor">[214]</a> Still more apparent was the official
+character which he had assumed, in his conduct toward the legislature.
+Possessing the power wielded by Pope and Meade, he could issue any orders
+he pleased to that body. For this reason, and because he was in sympathy
+with them, the Georgia Republicans ardently embraced and tenaciously clung
+to the theory that he was not a mere assistant in executing the
+Reorganization Act, but a military governor under the Reconstruction Acts.</p>
+
+<p>On December 22, 1869, Governor Bullock issued his proclamation (which he
+signed &#8220;Rufus B. Bullock, Provisional Governor&#8221;), summoning the men
+elected to the legislature in 1868 to meet in Atlanta on January 10
+following.<a name="fna215_215" id="fna215_215"></a><a href="#f215_215" class="fnanchor">[215]</a>
+This<span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span> duty, besides that of calling on the President for
+aid if he saw fit, was the only one expressly entrusted to Bullock by the
+Reorganization Act. Another one, however, was deduced by the following
+process of reasoning: The legislature can do nothing before its members
+are qualified according to the act. Since it can do nothing, it cannot
+even organize itself. But it is the purpose of the act that the
+legislature be organized. Therefore some one else must be intended to
+organize it. This duty naturally belongs to the governor, since the
+cognate duty of convening the body is imposed on him. In accordance with
+this reasoning, Bullock appointed a temporary clerk for each house, who
+should call the house to order and preside until all the members should be
+qualified or declared disqualified, by taking or failing to take one of
+the test oaths of the Reorganization Act.<a name="fna216_216" id="fna216_216"></a><a href="#f216_216" class="fnanchor">[216]</a> This appointment of Bullock
+rested not only upon the reasoning stated above, but upon the approval of
+Terry, who, whether the reasoning was correct or not, could do, or order
+to be done, to the legislature anything he chose.<a name="fna217_217" id="fna217_217"></a><a href="#f217_217" class="fnanchor">[217]</a></p>
+
+<p>When the legislature convened on January 10, each house was called to
+order by its temporary clerk, who proceeded to call the roll of names
+announced by Meade after the election of 1868, for the administration to
+each person of one of the required test oaths. On the same day the upper
+house completed the roll call and the swearing in of members, and effected
+a permanent organization. A Republican (Conley) was elected president by a
+large majority. On assuming the chair he delivered an oration, the spirit
+of which may be perceived from the following sentence: &#8220;The government has
+determined that in this republic, which is not, never was, and never can
+be, a democracy&mdash;that in this republic Republicans shall rule.&#8221;<a name="fna218_218" id="fna218_218"></a><a href="#f218_218" class="fnanchor">[218]</a></p>
+
+<p><span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span>Far different was the course of events in the lower house. When that house
+assembled it found one Harris in the chair. Forgetting that his
+appointment had been indorsed by Terry and that he was, therefore, the
+virtual agent of a military governor who had the power to do anything he
+chose to the legislature, the Conservatives raised objection to his
+presiding and attempted to elect a temporary chairman in the usual way.
+This attempt precipitated a violent scene in the house, but was
+unsuccessful. Harris kept his seat and ordered the roll call for the
+swearing in of members to proceed. The names of seventy-eight persons were
+called and as many of these as were present were sworn in. At this point,
+the journal records, &#8220;the clerk <i>pro tem.</i> announced that the house would
+take a recess&#8221; until the next day. This the house did.<a name="fna219_219" id="fna219_219"></a><a href="#f219_219" class="fnanchor">[219]</a> On January 11
+and 12, the same proceedings occurred, the swearing in continuing until it
+was suspended and the house adjourned by the &#8220;clerk <i>pro tem.</i>&#8221;<a name="fna220_220" id="fna220_220"></a><a href="#f220_220" class="fnanchor">[220]</a></p>
+
+<p>Without the theory that the Reconstruction Acts were still in force these
+proceedings in the lower house would have constituted the plainest
+illegality. But if Terry was a military governor and Harris his agent,
+they were legal. Though the Senate judiciary committee later declared this
+a false interpretation of the law, yet it was the official interpretation
+of the War Department, as we saw by the order appointing Terry.<a name="fna221_221" id="fna221_221"></a><a href="#f221_221" class="fnanchor">[221]</a> The
+War Department had a right to decide what the Reorganization Act, which it
+was to aid in executing, meant. Its decision, whatever its character, was
+never officially overruled. Therefore the proceedings in the legislature
+were officially regular.</p>
+
+<p>Before the legislature met, the Conservative papers had published an
+article by a state judge on the meaning of the first test oath of the
+Reorganization Act. It concerned<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> especially the phrase: &#8220;any civil office
+created by law for the administration of any general law of a state.&#8221; It
+was argued that there were many state offices not included in this
+phrase&mdash;among them those of mayor, alderman and state librarian. Since
+these offices were not &#8220;for the administration of any general law,&#8221; but
+only for that of special or local law, former occupants of them who had
+supported the Confederacy could take the present test oath.<a name="fna222_222" id="fna222_222"></a><a href="#f222_222" class="fnanchor">[222]</a> This
+construction would give an advantage to the Conservatives. To counteract
+it, Bullock applied to the attorney general for an official
+interpretation. That officer (Farrow by name) responded with a very
+reasonable opinion. He admitted that officers with merely local functions
+were not included in the phrase in question, but pointed out that many
+municipal officers had the powers of a justice of the peace. In such cases
+they were charged with the administration of general law and were included
+in the phrase. The state librarian, said Farrow, executed general law and
+was included.<a name="fna223_223" id="fna223_223"></a><a href="#f223_223" class="fnanchor">[223]</a></p>
+
+<p>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&#8217;s interpretation and
+disregarding the attorney general&#8217;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.</p>
+
+<p>On January 13 he detailed a board of soldiers to investigate the cases of
+twenty-one members elect whose eligibility<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span> was
+questioned.<a name="fna224_224" id="fna224_224"></a><a href="#f224_224" class="fnanchor">[224]</a> This
+board sat for two weeks, and found five men ineligible<a name="fna225_225" id="fna225_225"></a><a href="#f225_225" class="fnanchor">[225]</a> and eleven
+eligible.<a name="fna226_226" id="fna226_226"></a><a href="#f226_226" class="fnanchor">[226]</a> 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.<a name="fna227_227" id="fna227_227"></a><a href="#f227_227" class="fnanchor">[227]</a> The actions and the decision of the
+board of inquiry were pronounced fair and honorable even by the
+Conservatives.<a name="fna228_228" id="fna228_228"></a><a href="#f228_228" class="fnanchor">[228]</a> The nineteen applications for Congressional grace were
+said to have been procured by the Radicals through intimidation and
+fraud.<a name="fna229_229" id="fna229_229"></a><a href="#f229_229" class="fnanchor">[229]</a> 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&mdash;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.</p>
+
+<p>On January 13, when the board of inquiry was appointed, the &#8220;clerk <i>pro
+tem.</i>&#8221; of the lower house, by order of Bullock countersigned by Terry, had
+declared the house adjourned till January 17, to await the decision of the
+board.<a name="fna230_230" id="fna230_230"></a><a href="#f230_230" class="fnanchor">[230]</a> On the 17th the house met and listened to the reading of two
+orders from Bullock indorsed by Terry; the one directing the state
+treasurer to issue fifty dollars to each member of the house,<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span> the other
+ordering the house to adjourn till January 19.<a name="fna231_231" id="fna231_231"></a><a href="#f231_231" class="fnanchor">[231]</a> On the 19th the house
+met, and after one man had been sworn in was adjourned in the same manner
+till the 24th.<a name="fna232_232" id="fna232_232"></a><a href="#f232_232" class="fnanchor">[232]</a> On the 24th it met and after two men had been sworn in
+was again adjourned by order of the governor.<a name="fna233_233" id="fna233_233"></a><a href="#f233_233" class="fnanchor">[233]</a> On the morning of the
+25th it met and was adjourned till afternoon. In the afternoon it was
+adjourned as soon as it had met till the next day. To the countersignature
+of Terry in this case was added the promise that this was the last
+adjournment of the series, since the board had now rendered so much of its
+decision as related to members of the lower house. The house was therefore
+ordered to swear in, on the next day, all the remaining members elect
+except those found or confessed ineligible, and to elect its permanent
+officers.<a name="fna234_234" id="fna234_234"></a><a href="#f234_234" class="fnanchor">[234]</a> On January 26 this order was complied with; the Radical
+candidate for chairman was elected by a large majority, and the
+redoubtable &#8220;clerk <i>pro tem.</i>,&#8221; having presided for the last time,
+retired.<a name="fna235_235" id="fna235_235"></a><a href="#f235_235" class="fnanchor">[235]</a></p>
+
+<p>The reorganized legislature on February 2 complied with the remaining
+requirements of the Reorganization Act by ratifying the Fifteenth
+Amendment. On the advice of Bullock it also repassed the resolutions of
+July, 1868, required by the Omnibus Act. This was not necessary to
+re-admission. It is true, the requirements of the Omnibus Act had, by the
+hypothesis of the Reorganization Act, never been &#8220;duly&#8221; fulfilled. But the
+Omnibus Act had been superseded by other legislation, which made new
+requirements and did not renew the old. The renewal of the unfulfilled
+requirements had been discussed in Congress and rejected.<a name="fna236_236" id="fna236_236"></a><a href="#f236_236" class="fnanchor">[236]</a>
+Nevertheless, the resolutions were passed gratuitously.<a name="fna237_237" id="fna237_237"></a><a href="#f237_237" class="fnanchor">[237]</a></p>
+
+<p>The Omnibus Act had definitely said that Georgia should<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> be &#8220;entitled and
+admitted to representation in Congress as a state of the union when the
+legislature&#8221; had complied with the conditions mentioned in the act. The
+Reorganization Act was not so definite. It said; &#8220;The legislature shall
+ratify the Fifteenth Amendment ... before Senators and Representatives
+from Georgia are admitted to seats in Congress.&#8221; 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 &#8220;provisional&#8221; 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,<a name="fna238_238" id="fna238_238"></a><a href="#f238_238" class="fnanchor">[238]</a> and the present election
+probably being designed to become valid by relation), the legislature
+adjourned until April 18, to await Congressional action.<a name="fna239_239" id="fna239_239"></a><a href="#f239_239" class="fnanchor">[239]</a> In April
+Congress had taken no action, and the legislature, after sitting a
+fortnight, took another recess of two months.<a name="fna240_240" id="fna240_240"></a><a href="#f240_240" class="fnanchor">[240]</a> Meantime the theory of
+military government had been faithfully observed. Though the legislature
+was only provisional, it could legislate with Terry&#8217;s permission. It
+passed a stay law on February 17, and asked Terry to enforce it.<a name="fna241_241" id="fna241_241"></a><a href="#f241_241" class="fnanchor">[241]</a> On
+May 2 it passed revenue and appropriation acts,<a name="fna242_242" id="fna242_242"></a><a href="#f242_242" class="fnanchor">[242]</a> 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.<a name="fna243_243" id="fna243_243"></a><a href="#f243_243" class="fnanchor">[243]</a></p>
+
+<hr style="width: 25%;" />
+
+<p>Whatever may have been the merits of the construction of<span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span> 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.<a name="fna244_244" id="fna244_244"></a><a href="#f244_244" class="fnanchor">[244]</a> On February 4 the Senate asked for official information
+regarding the proceedings had under the Reorganization Act.<a name="fna245_245" id="fna245_245"></a><a href="#f245_245" class="fnanchor">[245]</a> 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.<a name="fna246_246" id="fna246_246"></a><a href="#f246_246" class="fnanchor">[246]</a> 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&mdash;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.<a name="fna247_247" id="fna247_247"></a><a href="#f247_247" class="fnanchor">[247]</a></p>
+
+<p>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&#8217;s example and who appeared from<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span>
+this time on as opponents of further Congressional interference in the
+South. The radical Republicans, however, led by Butler&mdash;those Republicans
+characterized by a Republican paper of the time as &#8220;the screeching wing&#8221;
+of the party<a name="fna248_248" id="fna248_248"></a><a href="#f248_248" class="fnanchor">[248]</a>&mdash;insisted that Georgia must be admitted, as the first
+Reconstruction Act had said, &#8220;by law,&#8221; 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.</p>
+
+<p>On February 25 Butler introduced the bill to admit Georgia.<a name="fna249_249" id="fna249_249"></a><a href="#f249_249" class="fnanchor">[249]</a> One of
+its sections was as follows:</p>
+
+<div class="blockquot"><p>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.</p></div>
+
+<p>The power here referred to was that conferred by Article III., section 1,
+of the state constitution;</p>
+
+<div class="blockquot"><p>The election for members of the general assembly shall begin on
+Tuesday after the first Monday in November of every second year ...
+but the general assembly may by law change the time of election, and
+members shall hold until their successors are elected and qualified.</p></div>
+
+<p>The constitutional term of the present legislature (except of one-half of
+the senators, who held four years) would expire in November, 1870. But
+this section of the constitution, Butler pointed out, would enable the
+legislature to postpone the election and perpetuate its power. This grave
+danger he proposed to remove by the clause of his bill above quoted. In
+order to prevent the legislature from prolonging its tenure forever, he
+proposed, not to forbid prolongation, but to allow it for two years.</p>
+
+<div class="blockquot"><p><span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span>I also propose [he said] by this [clause] to give to the present
+State officers of Georgia a two years&#8217; term of office in that state
+as a state in this Union.</p></div>
+
+<p>That Congress should pose as the defender of the people of Georgia against
+a usurping legislature, and at the same time by the guaranty of its
+approval encourage that legislature to double its constitutional
+term&mdash;this was a conception of political genius which, independently of
+its realization, should make Butler immortal.</p>
+
+<p>The moderate Republicans of the House of Representatives were willing, for
+the sake of settling doubt, to pass a bill declaring Georgia restored, but
+were decidedly opposed the scheme to use the bill as a means of prolonging
+the tenure of the Georgia Radicals. An <ins class="correction" title="original: admendment">amendment</ins> to Butler&#8217;s bill, known
+as the Bingham amendment, was offered, to the following effect:</p>
+
+<div class="blockquot"><p>... neither shall this act be construed to extend the official tenure
+of any officer of said state beyond the term limited by the
+constitution thereof, dating from the election or appointment of such
+officer.<a name="fna250_250" id="fna250_250"></a><a href="#f250_250" class="fnanchor">[250]</a></p></div>
+
+<p>The bill with this amendment passed the House by a large majority on March
+8.<a name="fna251_251" id="fna251_251"></a><a href="#f251_251" class="fnanchor">[251]</a></p>
+
+<p>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
+<i>habeas corpus</i>, and take such other military measures as he saw fit, and
+should levy the cost of the expedition on the people of the state.<a name="fna252_252" id="fna252_252"></a><a href="#f252_252" class="fnanchor">[252]</a>
+The propriety of grafting this general measure on a special bill like the
+present should not be discussed, it was said, in view of<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> the pressing
+necessity of passing it in some way, no matter how.<a name="fna253_253" id="fna253_253"></a><a href="#f253_253" class="fnanchor">[253]</a> 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 &#8220;provisional&#8221; 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.<a name="fna254_254" id="fna254_254"></a><a href="#f254_254" class="fnanchor">[254]</a> Thus transformed so that, as a Senator said, &#8220;it would not be
+recognized by the oldest inhabitant,&#8221; the bill was passed by the
+Senate.<a name="fna255_255" id="fna255_255"></a><a href="#f255_255" class="fnanchor">[255]</a></p>
+
+<p>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.<a name="fna256_256" id="fna256_256"></a><a href="#f256_256" class="fnanchor">[256]</a> As a result of the conference following, the Senate
+yielded to the House. The bill became law on July 15, 1870. It said:</p>
+
+<div class="blockquot"><p>... 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.<a name="fna257_257" id="fna257_257"></a><a href="#f257_257" class="fnanchor">[257]</a></p></div>
+
+<p>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 <span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span>remain until the state
+was not only entitled to representation but actually represented in
+Congress. Section 5 of that act contained this language:</p>
+
+<div class="blockquot"><p>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.</p></div>
+
+<p>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.<a name="fna258_258" id="fna258_258"></a><a href="#f258_258" class="fnanchor">[258]</a></p>
+
+<p>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.<a name="fna259_259" id="fna259_259"></a><a href="#f259_259" class="fnanchor">[259]</a> On July 29 the senate adopted a resolution similar
+to this, but the lower house rejected it by a few votes.<a name="fna260_260" id="fna260_260"></a><a href="#f260_260" class="fnanchor">[260]</a> With the
+failure of this attempt, the Reconstruction Acts ceased to operate in
+Georgia, either in fact or in any one&#8217;s theory.</p>
+
+<p>At the next session of Congress a delegation from Georgia composed of men
+elected in December, 1870, was seated in the House of Representatives.<a name="fna261_261" id="fna261_261"></a><a href="#f261_261" class="fnanchor">[261]</a>
+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,<span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span> 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.<a name="fna262_262" id="fna262_262"></a><a href="#f262_262" class="fnanchor">[262]</a> 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 <i>de facto</i> validity? It decided in
+favor of the earlier one on grounds of equity. The Senate adopted the
+committee&#8217;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.<a name="fna263_263" id="fna263_263"></a><a href="#f263_263" class="fnanchor">[263]</a></p>
+
+<p>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.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span></p>
+<h2><a name="CHAPTER_IX" id="CHAPTER_IX"></a>CHAPTER IX</h2>
+<p class="center"><span class="big">RECONSTRUCTION AND THE STATE GOVERNMENT</span></p>
+
+<p>In the preceding chapters we have mentioned the immediate effect of
+reconstruction upon social conditions. To its immediate effects upon
+political conditions, in other words to the character and conduct of the
+new state government, which have been mentioned only incidentally, we
+shall now give a more direct and consecutive consideration.</p>
+
+<p>With reference to the political reforms of reconstruction the white men of
+Georgia formed three distinct parties. There were those who favored them,
+either on their ethical and political merits or (more often) as a means of
+attaining political power otherwise unattainable. They were called
+Scalawags, Carpet-baggers and Radicals, of which terms <ins class="correction" title="original: we we">we</ins> shall adopt the
+last. There were those unalterably opposed to them, called Rebels by their
+critics and Conservatives by themselves. There were, thirdly, those who
+supported them not upon their merits, which they doubted, but because they
+saw the state at the mercy of a conqueror and believed that, bad as the
+measures were, it was better to accept them quickly than to make a vain
+resistance, which could only prolong the social and commercial
+disturbances in the state, and which might occasion the administration of
+a still worse dose. This group embraced many of the commercial class,
+which was especially large in Georgia, and one of the men prominent in
+former politics, namely Governor Brown. They were classed by the
+Conservatives with the basest of Radicals, but we shall call them the
+Moderate Republicans. The admixture of this group with the Radical<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> party
+had important consequences. Differing from their party in principle and
+allying themselves with it to bring peace to the state, when the peace of
+the state seemed secure, they sometimes adhered to their principles rather
+than to their party. It is true, many of them became so interested in the
+great game of politics then going on that they played it for its own sake,
+but some party splits of importance occurred.</p>
+
+<p>The first fruit of the policy of negro enfranchisement and rebel
+disenfranchisement was the constitutional convention of 1867-68. It was
+stated in the latter part of Chapter IV. that in the election for members
+of this convention many Conservatives declined to take part. For this
+reason the Radicals obtained a predominance in the convention which they
+did not retain in the state government after the Conservatives decided to
+fight. The convention, in fact, was extremely Radical. The constitution
+which it framed shows the thoroughness with which it entered into the
+Humanitarian reforms. The speeches and resolutions show that a close
+sympathy with the Republican party and a bitter antagonism to the
+Conservatives were entertained by most of the members. The temporary
+chairman, Foster Blodgett, in his opening speech, mentioned the
+suspicious, hostile and contemptuous attitude of the Conservatives toward
+the convention. He said:</p>
+
+<div class="blockquot"><p>They may stand and rail at us and strive to distract us from our
+patriotic labors; but we are engaged in a great work ... we are
+building up the walls of a great state.<a name="fna264_264" id="fna264_264"></a><a href="#f264_264" class="fnanchor">[264]</a></p></div>
+
+<p>Parrot, the permanent chairman, said:</p>
+
+<div class="blockquot"><p>Many of us come here from amongst a people who have spurned us and
+spit upon us ... the enemies of the convention are watching with
+envious eyes to see whether we shall be able to meet public
+expectation.... We should form a state government for an unwilling
+people based upon the soundest principles ... and in governing them
+rescue human liberty from the grave, and prevent them from trampling
+us under foot.</p></div>
+
+<p>On the other side, he said:</p>
+
+<div class="blockquot"><p><span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span>The Republican party of the nation is waiting with intense anxiety
+the movements of this body. Our friends will soon be able to
+determine whether we shall be a burden upon them ... or aid them in
+the great work of restoring our state.<a name="fna265_265" id="fna265_265"></a><a href="#f265_265" class="fnanchor">[265]</a></p></div>
+
+<p>When Governor Jenkins brought suit against Stanton on behalf of the state,
+the convention declared the action unauthorized and in the name of the
+people of Georgia demanded that the suit be dismissed.<a name="fna266_266" id="fna266_266"></a><a href="#f266_266" class="fnanchor">[266]</a> On December
+17, 1867, a resolution was passed, asking Pope to appoint, in lieu of
+Governor Jenkins, a provisional governor, and asking that the person
+appointed be Rufus B. Bullock.<a name="fna267_267" id="fna267_267"></a><a href="#f267_267" class="fnanchor">[267]</a> Unsuccessful here, the convention
+tried again on January 21. It requested Congress to allow it to vacate the
+governorship and all other offices now filled by men unfriendly to
+reconstruction and to fill them with new appointees.<a name="fna268_268" id="fna268_268"></a><a href="#f268_268" class="fnanchor">[268]</a> These two last
+named resolutions suggest not only Radical sentiment, but also Radical
+organization in the convention.</p>
+
+<p>The attitude of the convention toward the military authorities was most
+cordial. On December 20, a reception was given to Pope. The general made a
+speech and received an ovation.<a name="fna269_269" id="fna269_269"></a><a href="#f269_269" class="fnanchor">[269]</a> Resolutions of friendship and
+gratitude were voted him on his departure.<a name="fna270_270" id="fna270_270"></a><a href="#f270_270" class="fnanchor">[270]</a> Meade, on his arrival,
+received resolutions of welcome,<a name="fna271_271" id="fna271_271"></a><a href="#f271_271" class="fnanchor">[271]</a> and resolutions of friendly import
+on various other occasions.<a name="fna272_272" id="fna272_272"></a><a href="#f272_272" class="fnanchor">[272]</a> Meade did not entirely reciprocate this
+cordiality.</p>
+
+<p>Toward Congress the convention was not only cordial; it was almost filial.
+Not only was the United States government eloquently thanked for its
+magnanimity,<a name="fna273_273" id="fna273_273"></a><a href="#f273_273" class="fnanchor">[273]</a> but it was appealed to by the convention as a kind
+parent by a child confident of favor. It was petitioned to appropriate
+thirty million dollars to be loaned on mortgage to southern<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span>
+planters;<a name="fna274_274" id="fna274_274"></a><a href="#f274_274" class="fnanchor">[274]</a> to loan a hundred thousand dollars to the South Georgia and
+Florida railroad,<a name="fna275_275" id="fna275_275"></a><a href="#f275_275" class="fnanchor">[275]</a> and &#8220;to make a liberal appropriation&#8221; for building
+the proposed Air Line railroad.<a name="fna276_276" id="fna276_276"></a><a href="#f276_276" class="fnanchor">[276]</a></p>
+
+<p>The constitutional convention of 1865 had met on October 25, and adjourned
+on November 8, thus completing its work in fourteen days. This dispatch,
+as well as the style of its resolutions and of the speeches of its
+members,<a name="fna277_277" id="fna277_277"></a><a href="#f277_277" class="fnanchor">[277]</a> had marked it as a body where good taste, decorum and public
+spirit prevailed.</p>
+
+<p>The reconstruction convention met on December 9, 1867, and continued in
+session (excepting a recess from December 24 to January 7), until March
+11, 1868. The first article of the new constitution on which the
+convention took action was reported on January 9.<a name="fna278_278" id="fna278_278"></a><a href="#f278_278" class="fnanchor">[278]</a> Before that time
+many resolutions and ordinances were introduced. Most of them related to
+&#8220;relief&#8221; (such as suspension of tax collections, homestead exemption, stay
+of execution for debt, etc.), or to the pay and mileage of delegates, and
+only rarely was anything said about the constitution. On December 16 the
+more conscientious members secured the appointment of a committee to
+inquire whether the convention had power to do any business besides frame
+a constitution.<a name="fna279_279" id="fna279_279"></a><a href="#f279_279" class="fnanchor">[279]</a> This committee did not discuss the law of the
+question, but recommended on moral grounds a resolution to this effect:</p>
+
+<div class="blockquot"><p>That all ordinances or other matter ... already introduced and
+pending are hereby indefinitely postponed; and in future no ordinance
+or other matter ... not necessarily connected with the fundamental
+law shall be entertained by this convention [except relief
+legislation].</p></div>
+
+<p>This report met with vigorous opposition. It was saved from the table by
+two votes. But it was adopted.<a name="fna280_280" id="fna280_280"></a><a href="#f280_280" class="fnanchor">[280]</a>
+The<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span> contemporary Conservative press
+describes the convention as very infamous and very disgusting.<a name="fna281_281" id="fna281_281"></a><a href="#f281_281" class="fnanchor">[281]</a> It
+contained thirty-three negroes, and the transactions recorded in the
+official journal show that it was composed largely of men of low
+character.</p>
+
+<p>Hence, to many of the delegates, framing the constitution was only a minor
+incident of the convention, and the main part of that work was left to a
+small number of men. Their work shows intelligence and ability. Moreover,
+in the records of the convention there are not wanting traces of that
+undoubted public spirit which animated many of the supporters of
+<ins class="correction" title="original: reconstructien">reconstruction</ins>&mdash;the honest desire to repair and develop the material
+welfare of the state. This spirit is evident in the speeches we have
+cited, and in some of the resolutions.</p>
+
+<p>We have stated how the campaign of 1868 resulted in giving the
+governorship to the Republicans and a majority of twenty-nine in the
+legislature to the Conservatives; how Governor Bullock tried to reduce
+that majority through Meade, and how Meade refused his aid; and how the
+majority was more than doubled by the expulsion of the negroes and the
+seating of the minority candidates. From that time to the reorganization
+of the legislature in 1870, the most remarkable fact in the state politics
+was the hostility between the governor and the legislature.</p>
+
+<p>After the expulsion of the negroes, the lower house asked the governor to
+send it the names of the candidates who at the election had received the
+next highest vote to the persons expelled. The governor sent the names and
+with them a long protest against the expulsion of the negroes.<a name="fna282_282" id="fna282_282"></a><a href="#f282_282" class="fnanchor">[282]</a> The
+house, on hearing the message, adopted a tart resolution, reminding the
+governor that the members of each house<span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span> were &#8220;the keepers of their own
+consciences, and not his Excellency.&#8221;<a name="fna283_283" id="fna283_283"></a><a href="#f283_283" class="fnanchor">[283]</a> A similar message to the upper
+house in response to a similar request provoked a similar resolution,
+which was defeated by two votes.<a name="fna284_284" id="fna284_284"></a><a href="#f284_284" class="fnanchor">[284]</a></p>
+
+<p>It will be remembered that in December, 1868, and January, 1869, the
+governor urged upon Congress, through his letter presented in the Senate
+and through his testimony before the Reconstruction Committee, the theory
+that Georgia had not yet been restored. On January 15, 1869, he urged the
+same view upon the legislature. He advised it to reorganize itself by
+summoning all men elected members in 1868, requiring each to take the Test
+Oath, excluding only those who should not take it, and thus constituted to
+repass the resolutions required by the Omnibus Act. If the legislature did
+not do this, it must submit to Congressional interference.<a name="fna285_285" id="fna285_285"></a><a href="#f285_285" class="fnanchor">[285]</a> This
+message apparently caused the legislature some apprehension. It adopted a
+joint resolution to the effect that it desired the question of the
+eligibility of negroes to office to be determined by the supreme court of
+the state. The governor sent this resolution back with one of his
+admirably keen and powerful messages. He said that Congress had two
+grievances against the present legislature; that it had admitted members
+disqualified by the Fourteenth Amendment, contrary to the Omnibus Act, and
+that it had expelled twenty-eight negroes. The present resolution,
+intended to appease Congress, ignored the first grievance and proposed no
+remedy for the second; therefore it was meaningless and absurd.<a name="fna286_286" id="fna286_286"></a><a href="#f286_286" class="fnanchor">[286]</a></p>
+
+<p>On January 21, 1869, the state treasurer, Angier, in response to an
+inquiry from the house of representatives regarding the affairs of his
+department, intimated that the governor had drawn money from the treasury
+under suspicious<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span>
+<ins class="correction" title="original: circumsances">circumstances</ins>.<a name="fna287_287" id="fna287_287"></a><a href="#f287_287" class="fnanchor">[287]</a> Thus began the feud between the
+governor and the treasurer which continued during the rest of Bullock&#8217;s
+term. Angier&#8217;s report was referred to the committee on finance. The
+majority of the committee reported that the governor&#8217;s acts had been
+irregular but in good faith. The minority reported that his acts were
+culpable and his explanations inadequate, and concluded: &#8220;The facts herein
+set forth develop the necessity for further legislation for the security
+of the treasury.&#8221;<a name="fna288_288" id="fna288_288"></a><a href="#f288_288" class="fnanchor">[288]</a> This report the house adopted by a large
+majority.<a name="fna289_289" id="fna289_289"></a><a href="#f289_289" class="fnanchor">[289]</a></p>
+
+<p>Another index of the relations between the governor and the legislature is
+furnished by the governor&#8217;s message submitting the proposed Fifteenth
+Amendment. It opened thus:</p>
+
+<div class="blockquot"><p>It is especially gratifying to learn, as I do from the published
+proceedings of your honorable body, that senators and representatives
+who have heretofore acted with a political organization which adopted
+as one of its principles a denunciation of the acts of a Republican
+Congress ... should now give expression to their anxious desire to
+lose no time in embracing this opportunity of ratifying one of the
+fundamental principles of the Republican party ... and I very much
+regret that the preparation necessary for a proper presentation of
+this subject to your honorable body has necessarily caused a short
+delay, and thereby prolonged the suspense of those who are so anxious
+to concur.<a name="fna290_290" id="fna290_290"></a><a href="#f290_290" class="fnanchor">[290]</a></p></div>
+
+<p>The radicals probably desired the rejection of the amendment, since it
+would furnish another strong argument to Congress in favor of reorganizing
+the legislature. Hence, the Radical governor, as his message shows, did
+not do his best to induce the legislature to ratify, and probably some
+Radical members for the same reason voted against the amendment or
+refrained from voting for it. It was defeated in the lower house on March
+12,<a name="fna291_291" id="fna291_291"></a><a href="#f291_291" class="fnanchor">[291]</a> and in the upper on March 18.<a name="fna292_292" id="fna292_292"></a><a href="#f292_292" class="fnanchor">[292]</a></p>
+
+<p>In the last chapter we saw that Terry excluded five men<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span> from the
+legislature because the board of inquiry had found them ineligible, and
+excluded nineteen others because they had failed to take the required
+oath, and had applied to Congress for removal of disabilities. It is safe
+to assume that all of these twenty-four men were conservatives. Nineteen
+of them had been elected to the lower house, five to the senate.<a name="fna293_293" id="fna293_293"></a><a href="#f293_293" class="fnanchor">[293]</a>
+Immediately after organization, on advice of Bullock and with the sanction
+of Terry, the senate gave the five vacated seats to the minority
+candidates,<a name="fna294_294" id="fna294_294"></a><a href="#f294_294" class="fnanchor">[294]</a> and the house gave fourteen of its vacated seats to the
+minority candidates.<a name="fna295_295" id="fna295_295"></a><a href="#f295_295" class="fnanchor">[295]</a> The result was that the Republicans secured a
+majority in each house.<a name="fna296_296" id="fna296_296"></a><a href="#f296_296" class="fnanchor">[296]</a> The
+Republican control thus secured remained<span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span>
+uninterrupted for the remainder of 1870. Perfect accord now existed
+between the governor and legislature, and in the quarrel between Bullock
+and Angier, which went on with increased acerbity in the press and before
+a congressional committee,<a name="fna297_297" id="fna297_297"></a><a href="#f297_297" class="fnanchor">[297]</a> the legislature proceeded to transfer its
+support to the governor.<a name="fna298_298" id="fna298_298"></a><a href="#f298_298" class="fnanchor">[298]</a></p>
+
+<p>But Republican supremacy was in danger. It was threatened by the Moderate
+Republicans. J. E. Bryant, a Republican, prominent in the state politics
+since the beginning of the new <i>r&eacute;gime</i>, in testifying before the
+Reconstruction Committee in January, 1869, had advocated reorganization of
+the legislature, but had opposed any other interference, especially the
+restoration of military government.<a name="fna299_299" id="fna299_299"></a><a href="#f299_299" class="fnanchor">[299]</a> He and other Republicans who
+shared his opinion were disgusted with the proceedings of Bullock and
+Terry. As early as January 12, 1870, there were reports that the Radicals
+were apprehensive of a combination between the Moderate Republicans and
+the Conservatives.<a name="fna300_300" id="fna300_300"></a><a href="#f300_300" class="fnanchor">[300]</a> Probably the strenuous efforts of the Radicals to
+take and make every possible advantage for themselves in the
+reorganization is partly accounted for by this apprehension. On February
+2, Bryant caused to be entered on the journal of the house of
+representatives a protest denouncing the reorganization proceedings as
+illegal.<a name="fna301_301" id="fna301_301"></a><a href="#f301_301" class="fnanchor">[301]</a> Shortly afterwards he published a statement of his position.
+He said that he was a Republican, but was opposed to the corrupt ring
+which controlled the party in Georgia.<a name="fna302_302" id="fna302_302"></a><a href="#f302_302" class="fnanchor">[302]</a>
+From<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> this time on the papers
+frequently referred to the alliance between the followers of Bryant and
+the Conservatives as the salvation of the state.<a name="fna303_303" id="fna303_303"></a><a href="#f303_303" class="fnanchor">[303]</a></p>
+
+<p>The Radical majority was not quite strong enough to pass a resolution
+declaring that there should be no election in 1870, as was attempted in
+August of that year.<a name="fna304_304" id="fna304_304"></a><a href="#f304_304" class="fnanchor">[304]</a> But it was strong enough to pass an election law
+very favorable to the Radical party. It changed the date of the election
+from the regular time in November to December 22, and following the
+example set by General Pope in 1867, provided that it should continue
+three days. It established a board of five election managers for each
+county, three to be appointed by the governor and senate, and two by the
+county ordinary. It provided that the board should have &#8220;no power to
+refuse the ballot of any male person of apparent full age, a resident of
+the county, who [had] not previously voted at the said election.&#8221; Also it
+said: &#8220;They [the managers] shall not permit any person to challenge any
+vote.&#8221;<a name="fna305_305" id="fna305_305"></a><a href="#f305_305" class="fnanchor">[305]</a> Another act was passed, calculated to prevent the loss of
+Republican votes through disqualification of negroes for non-payment of
+taxes. It declared the poll tax levied in 1868, 1869 and 1870
+illegal.<a name="fna306_306" id="fna306_306"></a><a href="#f306_306" class="fnanchor">[306]</a></p>
+
+<p>At the election thus provided for were to be chosen a new legislature
+(except half of the senators, who held four years) and Congressmen. To
+what extent the Republicans availed themselves of the advantages offered
+by the election law we do not know. At any rate, the Conservatives
+obtained two-thirds of the seats in the legislature, and five of the seven
+seats in Congress.<a name="fna307_307" id="fna307_307"></a><a href="#f307_307" class="fnanchor">[307]</a></p>
+
+<p>This result meant trouble for the governor, whose term ran to November,
+1872. His efforts to secure Congressional interference, his conduct in
+January, 1870, and the accusations<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span> of extravagance, corruption, and other
+crimes continually made by an intemperate press, had raised public
+indignation to a high point. It was certain that when the new legislature
+met it would investigate the charges, and it was hoped that the governor
+would be impeached.<a name="fna308_308" id="fna308_308"></a><a href="#f308_308" class="fnanchor">[308]</a> The time of reckoning had been postponed,
+however, by the prudence of the outgoing legislature, which had provided
+that the next session of the legislature should begin, instead of in
+January, the regular time set by the constitution,<a name="fna309_309" id="fna309_309"></a><a href="#f309_309" class="fnanchor">[309]</a> on the first
+Wednesday in November, 1871.<a name="fna310_310" id="fna310_310"></a><a href="#f310_310" class="fnanchor">[310]</a></p>
+
+<p>The first Wednesday in November, 1871, was November 1. On October 23, the
+governor recorded in the executive minutes that he resigned his office,
+for &#8220;good and sufficient reasons,&#8221; the resignation to take effect on
+October 30.<a name="fna311_311" id="fna311_311"></a><a href="#f311_311" class="fnanchor">[311]</a> He then quietly left the state. The fact that he had
+resigned was kept secret until October 30.<a name="fna312_312" id="fna312_312"></a><a href="#f312_312" class="fnanchor">[312]</a></p>
+
+<p>In case of a vacancy in the office of governor, the constitution directed
+the president of the senate to fill the office.<a name="fna313_313" id="fna313_313"></a><a href="#f313_313" class="fnanchor">[313]</a> On October 30,
+therefore, Conley, the president of the senate at its last session,
+hastened to be sworn in as governor.<a name="fna314_314" id="fna314_314"></a><a href="#f314_314" class="fnanchor">[314]</a> By resigning just before the
+meeting of the incoming Conservative legislature, Bullock had thus
+cleverly prolonged Republican power, while at the same time resigning. The
+question whether under the constitution the governor&#8217;s office should not
+be filled by the president of the newly-organized senate, was raised by
+the papers.<a name="fna315_315" id="fna315_315"></a><a href="#f315_315" class="fnanchor">[315]</a> But Conley was by common consent left in possession of
+the office. Though, as he said in his first message to the
+legislature,<a name="fna316_316" id="fna316_316"></a><a href="#f316_316" class="fnanchor">[316]</a> &#8220;a staunch
+<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span>Republican,&#8221; he was not personally
+unpopular.<a name="fna317_317" id="fna317_317"></a><a href="#f317_317" class="fnanchor">[317]</a> Moreover, the legislature intended to furnish a successor
+very soon.</p>
+
+<p>On November 22, a bill was passed ordering a special election for governor
+for the remainder of the unexpired term, to be held on the third Tuesday
+in December.<a name="fna318_318" id="fna318_318"></a><a href="#f318_318" class="fnanchor">[318]</a> The authority for this act was found in the following
+provision of the constitution: &#8220;The general assembly shall have power to
+provide by law for filling unexpired terms by a special election.&#8221;<a name="fna319_319" id="fna319_319"></a><a href="#f319_319" class="fnanchor">[319]</a>
+Conley vetoed the bill, on the ground that the section of the constitution
+quoted empowered the legislature to make general provisions for filling
+unexpired terms, not to make special provision for single cases.<a name="fna320_320" id="fna320_320"></a><a href="#f320_320" class="fnanchor">[320]</a> The
+bill was passed over his veto.</p>
+
+<p>Although Republican power was now doomed in a few weeks, and although
+resistance to a legislature which could easily override his vetoes was
+futile, yet Conley stubbornly continued to offer obstructions to the
+legislature at every possible point up to the very day when his successor
+was inaugurated.<a name="fna321_321" id="fna321_321"></a><a href="#f321_321" class="fnanchor">[321]</a> He exhibited a courage and a political efficiency
+worthy of his predecessor, but accomplished nothing. He was able, however,
+to help his friends by means of the pardoning power. Several prominent
+Republicans were indicted at this time for various acts of public
+malfeasance. On the ground that in the existing state of public excitement
+these men could not obtain a fair trial, Conley ordered proceedings
+against several of these to be discontinued.<a name="fna322_322" id="fna322_322"></a><a href="#f322_322" class="fnanchor">[322]</a></p>
+
+<p>On January 11, 1872, the returns from the special election<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> were sent to
+the legislature by Conley, under protest,<a name="fna323_323" id="fna323_323"></a><a href="#f323_323" class="fnanchor">[323]</a> and James M. Smith was
+declared elected. On January 12, Smith was inaugurated. Conley assisted at
+this ceremony, thus yielding the last inch of Republican ground.<a name="fna324_324" id="fna324_324"></a><a href="#f324_324" class="fnanchor">[324]</a></p>
+
+<p>Reviewing the events recorded from the beginning of this chapter, we
+observe that the period of reconstruction in Georgia was not a period when
+a swarm of harpies took possession of the state government and preyed at
+will upon a helpless people. The constitutional convention of 1867-68
+forebodes such a period, but when the Conservatives rouse themselves, from
+that time on the stage presents an internecine war between two very well
+matched enemies. This struggle is usually represented as between a wicked
+assailant and a righteous assailed. That it was a struggle between
+Republicans and Democrats is much more characteristic. In such a contest
+mutual vilifying of course abounded, and it is not to be supposed <i>a
+priori</i> that the vilifying of one party was more truthful than that of the
+other.</p>
+
+<p>It is often vaguely said that reconstruction resulted in government by
+carpet-baggers. John B. Gordon, the Conservative candidate for governor
+who was defeated by Bullock, expressed before a Congressional committee in
+1870 the belief that there were not more than a dozen men holding offices
+in Georgia who had recently been non-residents. He further said that the
+judges appointed by the Republican governor were entirely
+satisfactory.<a name="fna325_325" id="fna325_325"></a><a href="#f325_325" class="fnanchor">[325]</a></p>
+
+<p>The reconstruction government is charged with having imposed such heavy
+taxes that as a result the people were impoverished, industry was checked,
+and many plantations went to waste. During the decade before the war the
+law provided that a tax should be annually levied at such a rate as to
+produce $375,000, provided the rate should not exceed<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span> one-twelfth of one
+per cent.<a name="fna326_326" id="fna326_326"></a><a href="#f326_326" class="fnanchor">[326]</a> The revenue law of 1866 provided that a tax should be
+levied at such a rate as to produce $350,000.<a name="fna327_327" id="fna327_327"></a><a href="#f327_327" class="fnanchor">[327]</a> Owing to the vast
+destruction of property during the war, this necessitated a higher rate
+than that before the war. The law of 1867 ordered a levy at such a rate as
+to raise $500,000.<a name="fna328_328" id="fna328_328"></a><a href="#f328_328" class="fnanchor">[328]</a> This law, made by the Johnson government, before
+reconstruction began, was continued by the legislature in the four
+following years.<a name="fna329_329" id="fna329_329"></a><a href="#f329_329" class="fnanchor">[329]</a> In 1870 the rate of assessment was two-fifths of one
+per cent.<a name="fna330_330" id="fna330_330"></a><a href="#f330_330" class="fnanchor">[330]</a> This rate was much higher than the one prevailing before
+the war, but this misfortune cannot be charged to reconstruction, since
+the reconstruction government merely followed the example of the Johnson
+government.</p>
+
+<p>That the reconstruction <i>r&eacute;gime</i> did not do the economic harm often
+attributed to it is shown by the fact that during that <i>r&eacute;gime</i> the value
+of land and of all property in the state steadily increased, as appears
+from the following table:</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td colspan="4">&nbsp;</td><td colspan="3" align="center"><span class="smcap">Assessed Valuation.</span></td></tr>
+<tr><td>&nbsp;</td><td><span class="spacer">&nbsp;</span></td><td align="center" valign="bottom">Land.</td><td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Town and<br />City Property.</td><td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Total<br />Property.</td></tr>
+<tr><td>1868<a name="fna331_331" id="fna331_331"></a><a href="#f331_331" class="fnanchor">[331]</a></td><td>&nbsp;</td>
+    <td align="center">$79,727,584</td><td>&nbsp;</td>
+    <td align="center">$40,315,621</td><td>&nbsp;</td>
+    <td align="center">$191,235,520</td></tr>
+<tr><td>1869<a name="fna332_332" id="fna332_332"></a><a href="#f332_332" class="fnanchor">[332]</a></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">84,577,166</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">44,368,096</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">204,481,706</span></td><td>&nbsp;</td></tr>
+<tr><td>1870<a name="fna333_333" id="fna333_333"></a><a href="#f333_333" class="fnanchor">[333]</a></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">95,600,674</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">47,922,544</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">226,119,519</span></td></tr>
+<tr><td>1871<a name="fna334_334" id="fna334_334"></a><a href="#f334_334" class="fnanchor">[334]</a></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">96,857,512</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">52,159,734</span></td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">234,492,468</span></td></tr></table>
+
+<p>Nevertheless, the reconstruction government spent the public money
+extravagantly. This fact is shown by a comparison of the expenditures of
+the state under Bullock&#8217;s administration and under that of his
+predecessor. Such a comparison, it is true, has been employed to prove the
+contrary. Governor Bullock was wont to rebut charges of extravagance by
+showing that the state spent more under Jenkins&#8217; administration than under
+his, in proportion to the<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span> time
+occupied by each.<a name="fna335_335" id="fna335_335"></a><a href="#f335_335" class="fnanchor">[335]</a> This was true, as
+the following figures show:<a name="fna336_336" id="fna336_336"></a><a href="#f336_336" class="fnanchor">[336]</a></p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>Gross expenditures in 1866 and 1867</td><td align="right">$3,223,323.46</td></tr>
+<tr><td><span style="margin-left: 1em;">Average annual expenditure during these years</span></td><td align="right">1,601,661.73</td></tr>
+<tr><td>Gross expenditures from August 11, 1868, to Jan. 1, 1870 &nbsp; </td><td align="right">2,260,252.15</td></tr>
+<tr><td>Gross expenditures in 1870</td><td align="right">1,444,816.73</td></tr>
+<tr><td>Gross expenditures in 1871</td><td align="right">1,476,978.86</td></tr>
+<tr><td><span style="margin-left: 1em;">Average annual expenditure during this period</span></td><td align="right">1,554,614.32</td></tr></table>
+
+<p>A comparison of gross expenditures, however, is of no significance unless
+the sums contrasted represent payments for the same purposes. Under the
+earlier administration the government undertook large <ins class="correction" title="original: expeditures">expenditures</ins> for the
+relief of destitute persons, especially of wounded soldiers and the
+relicts of soldiers.<a name="fna337_337" id="fna337_337"></a><a href="#f337_337" class="fnanchor">[337]</a> This accounts for the remarkable size of the
+amounts credited to &#8220;special appropriations&#8221; in the report for 1866 and
+1867. Under Bullock&#8217;s administration the government spent nothing for
+these purposes. For a fair comparison of the economy of the Johnson
+government and the reconstruction government, it is necessary to compare
+the amounts which they spent respectively for the same objects. Their
+payments for the more important administrative purposes are shown in the
+following table:<a name="fna338_338" id="fna338_338"></a><a href="#f338_338" class="fnanchor">[338]</a></p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="table">
+<tr><td class="btrl">&nbsp;</td>
+    <td class="btr" align="center">1866.</td>
+    <td class="btr" align="center">1867.</td>
+    <td class="btr" align="center">1868.</td>
+    <td class="btr" align="center">1869.</td>
+    <td class="btr" align="center">1870.</td>
+    <td class="btr" align="center">1871.</td></tr>
+<tr><td class="btrl">Civil Establishment</td>
+    <td class="btr">$20,771.66</td>
+    <td class="btr">$75,222.44</td>
+    <td class="btr">$50,373.72</td>
+    <td class="btr">$85,666.41</td>
+    <td class="btr">$77,851.77</td>
+    <td class="btr">$78,365.21</td></tr>
+<tr><td class="blr">Contingent Fund</td>
+    <td class="br" align="right">6,128.62</td>
+    <td class="br" align="right">15,430.74</td>
+    <td class="br" align="right">10,059.06</td>
+    <td class="br" align="right">19,968.16</td>
+    <td class="br" align="right">38,284.44</td>
+    <td class="br" align="right">20,296.95</td></tr>
+<tr><td class="blr">Printing Fund</td>
+    <td class="br" align="right">1,021.75</td>
+    <td class="br" align="right">16,114.90</td>
+    <td class="br" align="right">20,452.96</td>
+    <td class="br" align="right">7,673.38</td>
+    <td class="br" align="right">60,011.78</td>
+    <td class="br" align="right">20,000.00</td></tr>
+<tr><td class="bbrl">Special Appropriations</td>
+    <td class="bbr" align="right">304,955.05</td>
+    <td class="bbr" align="right">879,897.77</td>
+    <td class="bbr" align="right">210,916.11</td>
+    <td class="bbr" align="right">261,097.37</td>
+    <td class="bbr" align="right">260,442.05</td>
+    <td class="bbr" align="right">806,419.08</td></tr></table>
+
+<p><span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span>These figures show that almost all the annual expenditures of Bullock&#8217;s
+administration, aside from &#8220;special appropriations,&#8221; were well above those
+of the preceding administration, and that the payments from the printing
+fund, especially in 1870, and from the contingent fund in 1870, were so
+large as to convict the administration of great extravagance.</p>
+
+<p>The reconstruction legislature was reproached because of its large <i>per
+diem</i>&mdash;nine dollars. This <i>per diem</i> was established by the Johnson
+government,<a name="fna339_339" id="fna339_339"></a><a href="#f339_339" class="fnanchor">[339]</a> and is, therefore, not a charge against reconstruction.
+But the other expenses of the legislature fully corroborate the charges of
+extravagance made against it. This is shown by the following table:<a name="fna340_340" id="fna340_340"></a><a href="#f340_340" class="fnanchor">[340]</a></p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="table">
+<tr><td class="btrl">&nbsp;</td>
+    <td class="btr" valign="bottom" align="center">Length of Session.</td>
+    <td class="btr" valign="bottom" align="center">Total<br />Expenditure.</td>
+    <td class="btr" valign="bottom" align="center">Average<br />Expenditure<br />per month.</td></tr>
+<tr><td class="btrl" align="center" valign="middle">1865<br />and<br />1866.</td>
+    <td class="btr">Dec. 4 to Dec. 15.<br />Jan. 15 to March 13.<br />Nov. 1 to Dec. 14.<br />
+    &mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;<br /><span style="margin-left: 3.5em;">3&#8532; months.</span></td>
+    <td class="btr" align="center" valign="middle">$121,759.75</td>
+    <td class="btr" align="center" valign="middle">$33,207.18</td></tr>
+<tr><td class="btrl" align="center">1867.</td>
+    <td class="btr" align="center">No session.</td>
+    <td class="btr">&nbsp;</td>
+    <td class="btr">&nbsp;</td></tr>
+<tr><td class="btrl" align="center" valign="middle">1868<br />and<br />1869.</td>
+    <td class="btr">July 4 to Oct. 6.<br />Jan. 13 to March 18.<br />
+    &mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;<br /><span style="margin-left: 3.5em;">5<span style="font-size: 0.8em;"><sup>3</sup></span>&frasl;<span style="font-size: 0.6em;">10</span> months.</span></td>
+    <td class="btr" align="center" valign="middle">$446,055.00</td>
+    <td class="btr" align="center" valign="middle">$84,161.33</td></tr>
+<tr><td class="bbtrl" align="center">1870.</td>
+    <td class="bbtr">Jan. 10 to Feb. 17.<br />Apr. 18 to May 4.<br />July 6 to Oct. 25.<br />
+    &mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;&mdash;<br /><span style="margin-left: 3.5em;">5&#189; months.</span></td>
+    <td class="bbtr" align="center" valign="middle">$526,891.00</td>
+    <td class="bbtr" align="center" valign="middle">$95,798.32</td></tr></table>
+
+<p><span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span>The state debt created by the reconstruction government was of two kinds;
+direct and contingent. When the reconstruction government went into
+operation the state debt was $6,544,500.<a name="fna341_341" id="fna341_341"></a><a href="#f341_341" class="fnanchor">[341]</a> The reconstruction
+government incurred a bonded debt of $4,880,000.<a name="fna342_342" id="fna342_342"></a><a href="#f342_342" class="fnanchor">[342]</a> This includes bonds
+to the<span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span> amount of $1,880,000 which were issued to a railroad in exchange
+for its bonds to a greater amount and bearing interest at the same rate.
+This amount, therefore, was not a burden on the state, provided the
+railroad remained solvent; though in form a direct, it was virtually a
+contingent liability. Further, $300,000 of the money borrowed was used to
+pay the principal of the old debt. Deducting these two sums, we find that
+the burden of direct debt was increased by $2,700,000.</p>
+
+<p>Contingent debt was incurred by the indorsement of railroad bonds. In 1868
+the state offered aid of this kind to three railroad companies,<a name="fna343_343" id="fna343_343"></a><a href="#f343_343" class="fnanchor">[343]</a> in
+1869 to four,<a name="fna344_344" id="fna344_344"></a><a href="#f344_344" class="fnanchor">[344]</a> and in
+1870 to thirty.<a name="fna345_345" id="fna345_345"></a><a href="#f345_345" class="fnanchor">[345]</a> The state offered to
+indorse the bonds of each of these companies to the amount, usually, of
+from $12,000 to $15,000 per mile, sometimes more and sometimes less. If
+all the roads had accepted the full amount of aid offered, the state would
+have become contingently liable for about<span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span>
+$30,000,000.<a name="fna346_346" id="fna346_346"></a><a href="#f346_346" class="fnanchor">[346]</a> But only six
+roads accepted, and the contingent liability thus created was
+$6,923,400.<a name="fna347_347" id="fna347_347"></a><a href="#f347_347" class="fnanchor">[347]</a> The laws offering the aid involved little risk to the
+state; they made substantial progress in construction and substantial
+evidence of soundness conditions precedent to indorsement, and secured to
+the state a lien on all the property of each road in case it defaulted.
+The indorsement of railroad bonds is not a reproach to the reconstruction
+government. The great policy of that government, when it was sufficiently
+free from partisan labors to have a policy, was to repair the prosperity
+of the state, and the construction of railroads was an important means to
+this end.<a name="fna348_348" id="fna348_348"></a><a href="#f348_348" class="fnanchor">[348]</a></p>
+
+<p>The worst stain on the reconstruction government is its management of the
+state railroad. The Western and Atlantic Railroad, owned and operated by
+the state until 1871, was placed under the superintendence of Foster
+Blodgett by the governor in January, 1870.<a name="fna349_349" id="fna349_349"></a><a href="#f349_349" class="fnanchor">[349]</a> Thenceforth hundreds of
+employees were discharged to make room for Republican favorites; important
+positions were filled by strangers to the business; the receipts were
+stolen,<a name="fna350_350" id="fna350_350"></a><a href="#f350_350" class="fnanchor">[350]</a> or squandered in purchases made from other Republicans at
+monstrous prices; and the road suffered great dilapidation.<a name="fna351_351" id="fna351_351"></a><a href="#f351_351" class="fnanchor">[351]</a></p>
+
+<p>The preferred object of the Conservative abuse in the <span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span>reconstruction
+government was Governor Bullock. We have seen that he was remarkably
+powerful as well as remarkably active in promoting the interests of his
+party. He was abused for that. For the extravagance of the state
+government the governor was held largely responsible. He was abused for
+that. But he was further accused of fraud in financial matters.</p>
+
+<p>Although this charge has never been established, the public had some
+excuse for believing it at the time. As a result of the quarrel between
+the governor and the treasurer, the governor ordered the bankers who were
+the financial agents of the state to hold no further communication with
+the treasurer after June 3, 1869, but to communicate only with the
+governor.<a name="fna352_352" id="fna352_352"></a><a href="#f352_352" class="fnanchor">[352]</a> The effect upon the public was an impression of great
+confusion and irregularity in the finances. The treasurer&#8217;s reports could
+not give a complete account of state moneys, and the governor was not
+careful to inform the public of the condition of that part of the finances
+over which he had assumed control. Moreover, the governor and the
+treasurer kept up a constant <ins class="correction" title="original: iuterchange">interchange</ins> of accusation and insinuation in
+the newspapers. In another way the governor put himself in an unfortunate
+light. In his letter to the Ku Klux Committee his statements regarding his
+bond transactions were so vague as to give the impression (rightly or
+wrongly) of a desire to conceal something.<a name="fna353_353" id="fna353_353"></a><a href="#f353_353" class="fnanchor">[353]</a> The same laxity of
+statement appears in Conley&#8217;s statement of the use to which the bonds
+issued by Bullock had been put.<a name="fna354_354" id="fna354_354"></a><a href="#f354_354" class="fnanchor">[354]</a> His sudden resignation and departure
+on the eve of a threatened investigation seemed to confirm the evidence of
+his guilt.</p>
+
+<p>But though he did not keep the public informed, it has<span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span> never been
+established that his accounts were wrong. He spent money freely, and in
+some cases without authority;<a name="fna355_355" id="fna355_355"></a><a href="#f355_355" class="fnanchor">[355]</a> but none of his accusers has ever
+proved that he spent any without regular and correct record by the
+comptroller. And though he issued bonds perhaps in excess, he issued none
+without proper registration in the comptroller&#8217;s records.<a name="fna356_356" id="fna356_356"></a><a href="#f356_356" class="fnanchor">[356]</a> His
+apparent efforts to conceal facts do not prove fraud; a sufficient motive
+would be furnished by desire to conceal the extravagance of his
+administration. Furthermore, he has been positively acquitted of the
+charge of fraud. In 1878 he returned to Georgia, and the courts proceeded
+to give him &#8220;a speedy and public trial.&#8221; Of his many alleged crimes,
+indictments were secured for three. One indictment was quashed.<a name="fna357_357" id="fna357_357"></a><a href="#f357_357" class="fnanchor">[357]</a> Upon
+the other two the verdict was &#8220;not guilty.&#8221;<a name="fna358_358" id="fna358_358"></a><a href="#f358_358" class="fnanchor">[358]</a> His resignation was
+explained in a letter to <ins class="correction" title="original: hfs">his</ins> &#8220;political friends,&#8221; published on October 31,
+1871.<a name="fna359_359" id="fna359_359"></a><a href="#f359_359" class="fnanchor">[359]</a> He said that he had obtained evidence of a concerted design
+among<span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span> certain prominent members of the incoming legislature to impeach
+him (as they could easily do, with the immense Conservative majority), and
+instal as governor the Conservative who would be elected president of the
+senate. To resign and put the governorship in the hands of a Republican
+who could not be impeached was the only way to defeat this &#8220;nefarious
+scheme.&#8221; This explanation was of course ignored by Bullock&#8217;s enemies when
+it was made; but in view of the lack of evidence that he was guilty of any
+fraud, and in view of the positive evidence to the contrary, there is now
+no reason to doubt it.</p>
+
+<p>The governor made extraordinary use of the pardoning power. According to a
+statement sanctioned by him, he pardoned four hundred and ninety-eight
+criminals, forty-one of whom were convicted or accused of murder,
+fifty-two of burglary, five of arson, and eight of robbery.<a name="fna360_360" id="fna360_360"></a><a href="#f360_360" class="fnanchor">[360]</a> The
+leader of the Conservative party at that time, B. H. Hill, emphatically
+declared in a public statement that the governor had no worse motive than
+&#8220;kindness of heart.&#8221;<a name="fna361_361" id="fna361_361"></a><a href="#f361_361" class="fnanchor">[361]</a></p>
+
+<p>To sum up the case against the reconstruction government, we have seen
+that it was extravagant, that it mismanaged the state railroad, and that
+it pardoned a great many criminals. It was not guilty of the enormities
+often associated with reconstruction; but it was a government composed of
+men who obtained <ins class="correction" title="original: polictical">political</ins> position only through the interference of an
+outside power&mdash;it was the product of a system conceived partly in
+vengeance, partly in folly, and partly in political strategy, and imposed
+by force. It was hated partly for what it did, but more for what it was.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span></p>
+<h2><a name="CHAPTER_X" id="CHAPTER_X"></a>CHAPTER X</h2>
+<p>&nbsp;</p>
+<p class="center"><span class="big">CONCLUSION</span></p>
+
+<p>A Confederate veteran recently remarked amid great applause at an assembly
+in Atlanta that there never was a conqueror so magnanimous as the North,
+for within six years from the surrender of the southern armies she had
+allowed the South to take part in her national councils. Nevertheless,
+within those six years the Congressional Disciplinarians gave the South a
+discipline which she will never forget. It did not result in permanent
+estrangement between the North and the South, for sectional bitterness
+seems extinct. But whether there was any profit in it&mdash;whether, in case
+the South never again attempts to secede, that happy omission will be due
+to reconstruction&mdash;may be doubted.</p>
+
+<p>Was there a clearer gain from the humanitarian point of view? We have seen
+that at the close of the war a spirit of gratitude and philanthropy
+prevailed among the most influential of the southern white people as
+regards the negroes. Instead of allowing this spirit to develop and in the
+course of time to produce its natural results, the North, believing that
+suffrage was essential to the negro&#8217;s welfare and progress, forced the
+South to enfranchise him, by reconstruction. This caused the negro untold
+immediate harm (since reconstruction was a contributary cause of
+Kukluxism), and delayed his ultimate advance by giving the friendly spirit
+of the white people a check in its development from which it has not yet
+recovered.</p>
+
+<p><span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span>From the point of view of the Republican Politicians, reconstruction at
+first succeeded, but later proved a mistaken policy. By it they lost the
+support of the southern white men who had been opposed to secession. These
+formed a large party in Georgia. The victory of the federal arms had the
+nature of a party victory for them. They would have added their strength
+to the Republican party. Reconstruction, with its threat of negro
+domination, drove them into the Democratic party, where they still remain.
+For a time this loss was made good by negro votes, but not long.</p>
+
+<p>Without reconstruction there would have been no Fifteenth Amendment. But
+the good will and philanthropy of the people among whom the negro lives,
+which reconstruction took away, would have brought him more benefit than
+the Fifteenth Amendment. Without reconstruction there would have been no
+Fourteenth Amendment. But a long line of decisions of the Supreme Court
+has determined that the Fourteenth Amendment did not achieve the
+nationalization of civil rights&mdash;an end which might justify reconstruction
+as a means. In short, reconstruction seems to have produced bad
+government, political rancor, and social violence and disorder, without
+compensating good.</p>
+
+
+<p>&nbsp;</p>
+<p><span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span></p>
+<p class="center"><span class="big">BIBLIOGRAPHY.</span></p>
+
+<p>PUBLIC RECORDS AND DOCUMENTS.</p>
+
+<p><i>Of the United States Government.</i></p>
+
+<p class="dent">Congressional Globe.<br />
+Public Documents.<br />
+Statutes at Large.<br />
+Supreme Court Reports.<br />
+Military orders in the archives of the Department of War.<br />
+Correspondence in the same archives.<br />
+Correspondence in the archives of the Department of State.<br />
+Unpublished records in the same archives.</p>
+
+<p><i>Of the Government of Georgia.</i></p>
+
+<p class="dent">Journal of the constitutional convention of 1865.<br />
+Journal of the constitutional convention of 1867-8.<br />
+Journals of the legislature.<br />
+Reports of the four committees appointed by the legislature in December, 1871 to investigate respectively&mdash;<br />
+<span style="margin-left: 2em;">The management of the state railroad.</span><br />
+<span style="margin-left: 2em;">The lease of the same road.</span><br />
+<span style="margin-left: 2em;">The official conduct of Governor Bullock.</span><br />
+<span style="margin-left: 2em;">The transactions of Governor Bullock&#8217;s administration relating to the issue of state bonds and the indorsement of railroad bonds.</span><br />
+<span style="margin-left: 1em;">These reports were published in Atlanta in 1872.</span><br />
+Session Laws.<br />
+Supreme Court Reports.<br />
+Reports of the State Comptroller.<br />
+Executive minutes in the archives of the state in Atlanta.<br />
+Minutes of the Fulton County Superior Court in the office of that court in Atlanta.</p>
+
+
+<p><br />NEWSPAPERS.</p>
+
+<p class="dent">Atlanta <i>New Era</i>.<br />
+Atlanta <i>Constitution</i>.<br />
+Milledgeville <i>Federal Union</i> (during the war called the <i>Confederate Union</i>).<br />
+Savannah <i>News</i>.<br />
+Savannah <i>Republican</i>.</p>
+
+
+<p><span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span><br />CONTEMPORARY PAMPHLETS.</p>
+
+<p class="dent">A letter from Rufus B. Bullock to the chairman of the Ku Klux committee, Atlanta, 1871.<br />
+Address of the same to the people of Georgia, dated October, 1872.<br />
+Letter from the same &#8220;to the Republican Senators and Representatives who support the Reconstruction Acts,&#8221; Washington, May 21, 1870.</p>
+
+
+<p><br />HISTORICAL WORKS AND COMPENDIA.</p>
+
+<p class="dent"><i>American Annual Cyclop&aelig;dia</i>. New York.<br />
+Avery, I. W., <i>History of Georgia</i>. New York, 1881.<br />
+Bancroft, F. A., <i>The Negro in Politics</i>. New York, 1885.<br />
+Clews, Henry, <i>Twenty-eight Years in Wall Street</i>. London, 1888.<br />
+Cox, S. S., <i>Three Decades of Federal Legislation</i>. Providence, 1886.<br />
+Dunning, W. A., <i>The Civil War and Reconstruction</i>. New York, 1898.<br />
+Fielder, H., <i>The Life and Times of Joseph E. Brown</i>. Springfield, Mass., 1883.<br />
+Hill, B. H., Jr., <i>The Life, Speeches and Writings of Benjamin H. Hill</i>. Atlanta, 1891.<br />
+Lalor, J. J., <i>Cyclop&aelig;dia of Political Science</i>. New York, 1893. Articles on Reconstruction, Georgia, and Ku Klux.<br />
+Poor, H. V., <i>Manual of the Railroads of the United States</i>. New York, published yearly.<br />
+Sherman, W. T., <i>Memoirs</i>. New York, 1875.<br />
+Stephens, Alex., <i>The War between the States</i>. Philadelphia, 1868-70.<br />
+Taylor, Richard, <i>Destruction and Reconstruction</i>. New York, 1893.<br />
+<i>Tribune Almanac</i>. New York.<br />
+Wilson, Henry, <i>History of the Reconstruction Measures</i>. Hartford, 1868.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<div class="verts">
+<p class="center"><span class="huge">STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW</span><br />
+EDITED BY THE<br />FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME I, 1891-2. Second Edition, 1897. 396 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. The Divorce Problem&mdash;A Study in Statistics. By Walter F. Willcox, Ph. D. Price, 75&cent;.</p>
+
+<p class="hang">2. The History of Tariff Administration in the United States, from
+Colonial Times to the McKinley Administrative Bill. By John Dean Goss, Ph. D. Price, $1.00.</p>
+
+<p class="hang">3. History of Municipal Land Ownership on Manhattan Island. By George Ashton Black, Ph. D. Price, $1.00.</p>
+
+<p class="hang">4. Financial History of Massachusetts. By Charles H. J. Douglas, Ph. D. (<i>Not sold separately.</i>)</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME II, 1892-93. 503 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. The Economics of the Russian Village. By Isaac A. Hourwich, Ph. D. (<i>Out of print.</i>)</p>
+
+<p class="hang">2. Bankruptcy. A Study in Comparative Legislation. By Samuel W. Dunscomb, Jr., Ph. D. Price, $1.00.</p>
+
+<p class="hang">3. Special Assessments: A Study in Municipal Finance. By Victor Rosewater, Ph. D. Second Edition, 1898. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME III, 1893. 465 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. History of Elections in the American Colonies. By Cortlandt F. Bishop, Ph. D. Price, $1.50.</p>
+
+<p class="dent"><i>Vol. III, no. 1, may also be obtained bound.</i> Price, $2.00.</p>
+
+<p class="hang">2. The Commercial Policy of England toward the American Colonies. By George L. Beer, A. M. Price, $1.50</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME IV, 1893-94. 438 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. Financial History of Virginia. By W. Z. Ripley, Ph. D. Price, $1.00.</p>
+
+<p class="hang">2. The Inheritance Tax. By Max West, Ph. D. (<i>Out of print.</i>)</p>
+
+<p class="hang">3. History of Taxation in Vermont. By Frederick A. Wood, Ph. D. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME V, 1895-96. 498 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. Double Taxation in the United States. By Francis Walker, Ph. D. Price, $1.00.</p>
+
+<p class="hang">2. The Separation of Governmental Powers. By William Bondy, LL. B., Ph. D. Price, $1.00.</p>
+
+<p class="hang">3. Municipal Government in Michigan and Ohio. By Delos F. Wilcox, Ph. D. Price $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME VI, 1896. 601 pp.</p>
+<p class="center">Price, $4.00; bound, $4.50.</p>
+
+<p class="hang">History of Proprietary Government in Pennsylvania. By William Robert Shepherd, Ph. D. Price, $4.00; bound, $4.50.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME VII, 1896. 512 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. History of the Transition from Provincial to Commonwealth Government in Massachusetts. By Harry A. Cushing, Ph. D. Price, $2.00.</p>
+
+<p class="hang">2. Speculation on the Stock and Produce Exchanges of the United States. By Henry Crosby Emery, Ph. D. Price, $1.50.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME VIII, 1896-98. 551 pp.</p>
+<p class="center">Price, $3.50; bound, $4.00.</p>
+
+<p class="hang">1. The Struggle between President Johnson and Congress over Reconstruction. By Charles Ernest Chadsey, Ph. D. Price, $1.00.</p>
+
+<p class="hang">2. Recent Centralizing Tendencies in State Educational Administration. By William Clarence Webster, Ph. D. Price, 75&cent;.</p>
+
+<p class="hang">3. The Abolition of Privateering and the Declaration of Paris. By Francis R. Stark, LL. B., Ph. D. Price, $1.00.</p>
+
+<p class="hang">4. Public Administration in Massachusetts. The Relation of Central to Local Activity. By Robert Harvey Whitten, Ph. D. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME IX, 1897-98. 617 pp.</p>
+<p class="center">Price, $3.50; bound, $4.00.</p>
+
+<p class="hang">1. English Local Government of To-day. A Study of the Relations of Central
+and Local Government. By Milo Roy Maltbie, Ph. D. Price, $2.00.</p>
+
+<p class="dent"><i>Vol. IX, no. 1, may also be obtained bound.</i> Price, $2.50.</p>
+
+<p class="hang">2. German Wage Theories. A History of their Development. By James W. Crook, Ph. D. Price, $1.00.</p>
+
+<p class="hang">3. The Centralization of Administration in New York State. By John Archibald Fairlie, Ph. D. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME X, 1898-99. 500 pp.</p>
+<p class="center">Price, $3.00; bound, $3.50.</p>
+
+<p class="hang">1. Sympathetic Strikes and Sympathetic Lockouts. By Fred S. Hall, Ph.D. Price, $1.00.</p>
+
+<p class="hang">2. Rhode Island and the Formation of the Union. By Frank Greene Bates, Ph.D. Price, $1.50.</p>
+
+<p class="hang">3. Centralized Administration of Liquor Laws in the American
+Commonwealths. By Clement Moore Lacey Sites, Ph.D. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME XI, 1899. 495 pp.</p>
+<p class="center">Price, $3.50; bound, $4.00.</p>
+
+<p class="hang">The Growth of Cities. By Adna Ferrin Weber, Ph.D. Price, $3.50; bound, $4.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME XII, 1899-1900. 586 pp.</p>
+<p class="center">Price, $3.50; bound, $4.00.</p>
+
+<p class="hang">1. History and Functions of Central Labor Unions. By William Maxwell Burke, Ph. D. Price, $1.00.</p>
+
+<p class="hang">2. Colonial Immigration Laws. By Edward Emberson Proper, A.M. Price, 75&cent;.</p>
+
+<p class="hang">3. History of Military Pension Legislation in the United States. By William Henry Glasson, Ph.D. Price, $1.00.</p>
+
+<p class="hang">4. History of the Theory of Sovereignty since Rousseau. By Charles E. Merriam, Jr., Ph.D. Price, $1.50.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME XIII, 1901. 570 pp.</p>
+<p class="center">Price, $3.50; bound, $4.00.</p>
+
+<p class="hang">1. The Legal Property Relations of Married Parties. By Isidor Loeb, Ph. D. Price, $1.50.</p>
+
+<p class="hang">2. Political Nativism in New York State. By Louis Dow Scisco; Ph. D. Price, $2.00.</p>
+
+<p class="hang">3. The Reconstruction of Georgia. By Edwin C. Woolley, Ph. D. Price, $1.00.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME XIV, 1901.</p>
+
+<p class="hang">1. Loyalism in New York during the American Revolution. By Alexander Clarence Flick, Ph. D. Price, $2.00.</p>
+
+<p class="hang">2. The Economic Theory of Risk and Insurance. By Allan H. Willett, Ph. D. Price, $1.50.</p>
+
+<p>&nbsp;</p>
+<p class="center">VOLUME XV, 1901.</p>
+
+<p class="hang">Civilization through Crime. By Arthur Cleveland Hall. [<i>Ready in July.</i>]</p>
+
+<p>&nbsp;</p>
+<p class="hang">The set of thirteen volumes (except that Vol. II can be supplied only in
+unbound nos. 2 and 3) is offered bound for $43.</p>
+
+<p>&nbsp;</p>
+<p>For further information apply to</p>
+
+<p><span style="margin-left: 2em;">Prof. EDWIN R. A. SELIGMAN, Columbia University,</span><br />
+<span style="margin-left: 4em;">or to THE MACMILLAN COMPANY, New York,</span><br />
+London: P. S. KING &amp; SON, Orchard House, Westminster.</p></div>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><strong>Footnotes:</strong></p>
+
+<p><a name="f1_1" id="f1_1"></a><a href="#fna1_1">[1]</a> Alex. Stephens, <i>The War Between the States</i>, vol. ii, p.
+623; W. T. Sherman, <i>Memoirs</i>, vol. ii, pp. 346-362.</p>
+
+<p><a name="f2_2" id="f2_2"></a><a href="#fna2_2">[2]</a> M. C. U., May 9, 1865.</p>
+
+<p><a name="f3_3" id="f3_3"></a><a href="#fna3_3">[3]</a> See the account of the gigantic relief operations of the
+federal army, A. A. C., 1865, p. 392.</p>
+
+<p><a name="f4_4" id="f4_4"></a><a href="#fna4_4">[4]</a> M. C. U., May 9, 1865.</p>
+
+<p><a name="f5_5" id="f5_5"></a><a href="#fna5_5">[5]</a> Letter from Joseph E. Brown to Andrew Johnson, dated May 20,
+1865, in the Department of War, Washington. Brown was arrested on May 10.
+On May 8, upon surrendering the state troops to the federal general
+Wilson, he had been paroled. (The parole paper is in the above mentioned
+archives.) Hence the arrest was a violation of his parole. When Wilson
+entered into the parole engagement he had not been informed how his
+superiors would regard the summoning of the legislature. Immediately
+afterward he probably received orders from the central authorities to
+arrest Brown. He preferred obeying orders to observing his engagement.</p>
+
+<p><a name="f6_6" id="f6_6"></a><a href="#fna6_6">[6]</a> G. O. D. S., 1865, no. 63.</p>
+
+<p><a name="f7_7" id="f7_7"></a><a href="#fna7_7">[7]</a> See G. O. D. S., 1865, <i>passim</i>. Also Savannah <i>Republican</i>,
+May 1, 2, 3, etc., 1865.</p>
+
+<p><a name="f8_8" id="f8_8"></a><a href="#fna8_8">[8]</a> Savannah <i>Republican</i>, July 4, 1865. See also James Johnson&#8217;s
+proclamation of July 13, 1865, M. F. U. of same date.</p>
+
+<p><a name="f9_9" id="f9_9"></a><a href="#fna9_9">[9]</a> M. F. U., July 25, 1865.</p>
+
+<p><a name="f10_10" id="f10_10"></a><a href="#fna10_10">[10]</a> U. S. L., vol. 13, 760. The provisional governorship, it may
+be remarked, was characterized by the Secretary of War as &#8220;ancillary to
+the withdrawal of military force, the disbandment of armies, and the
+reduction of military expenditure by provisional [civil organizations] to
+take the place of armed force.&#8221; The salaries of the provisional governors
+were paid from the army contingencies fund. See S. D., 39th Congress, 1st
+session, no. 26.</p>
+
+<p><a name="f11_11" id="f11_11"></a><a href="#fna11_11">[11]</a> U. S. L., vol. 13, p. 764.</p>
+
+<p><a name="f12_12" id="f12_12"></a><a href="#fna12_12">[12]</a> M. F. U., July 13, 1865; A. A. C., 1865, p. 394.</p>
+
+<p><a name="f13_13" id="f13_13"></a><a href="#fna13_13">[13]</a> M. F. U., August 15, 1865; A. A. C., <i>loc. cit.</i></p>
+
+<p><a name="f14_14" id="f14_14"></a><a href="#fna14_14">[14]</a> Letter from Brown to Johnson, dated May 20, 1865, archives
+of the Department of War, Washington.</p>
+
+<p><a name="f15_15" id="f15_15"></a><a href="#fna15_15">[15]</a> Letter from Johnson to Stanton dated June 3, 1865, in same
+archives.</p>
+
+<p><a name="f16_16" id="f16_16"></a><a href="#fna16_16">[16]</a> M. F. U., July 11, 1865.</p>
+
+<p><a name="f17_17" id="f17_17"></a><a href="#fna17_17">[17]</a> M. F. U., July 18. Savannah <i>Republican</i>, July 1 and 3.</p>
+
+<p><a name="f18_18" id="f18_18"></a><a href="#fna18_18">[18]</a> J. C., 1865, p. 3.</p>
+
+<p><a name="f19_19" id="f19_19"></a><a href="#fna19_19">[19]</a> J. C., 1865, p. 8.</p>
+
+<p><a name="f20_20" id="f20_20"></a><a href="#fna20_20">[20]</a> <i>Ibid.</i>, pp. 17, 18.</p>
+
+<p><a name="f21_21" id="f21_21"></a><a href="#fna21_21">[21]</a> <i>Ibid.</i>, p. 234. The ordinance to this effect was passed
+only after a hard fight, and after a telegraphic warning from the
+President that if it failed the state would fail of restoration. See S.
+D., 39th Congress, 1st session, no. 26, p. 81.</p>
+
+<p><a name="f22_22" id="f22_22"></a><a href="#fna22_22">[22]</a> J. C., 1865, pp. 18 and 28.</p>
+
+<p><a name="f23_23" id="f23_23"></a><a href="#fna23_23">[23]</a> S. J., 1865-6, p. 3.</p>
+
+<p><a name="f24_24" id="f24_24"></a><a href="#fna24_24">[24]</a> S. D., 39th Congress, 1st session, no. 26, p. 95.</p>
+
+<p><a name="f25_25" id="f25_25"></a><a href="#fna25_25">[25]</a> S. L., 1865, p. 313.</p>
+
+<p><a name="f26_26" id="f26_26"></a><a href="#fna26_26">[26]</a> M. F. U., December 19 and 26, 1865.</p>
+
+<p><a name="f27_27" id="f27_27"></a><a href="#fna27_27">[27]</a> See Jenkins&#8217; message to the legislature, M. F. U., December
+19, 1865.</p>
+
+<p><a name="f28_28" id="f28_28"></a><a href="#fna28_28">[28]</a> K. K. R., vol. 6, p. 320 (testimony of John B. Gordon).</p>
+
+<p><a name="f29_29" id="f29_29"></a><a href="#fna29_29">[29]</a> Report of Carl Schurz on conditions in the South, made in
+December, 1865. S. D., 39th Congress, 2d session, no. 2.</p>
+
+<p><a name="f30_30" id="f30_30"></a><a href="#fna30_30">[30]</a> Report of Carl Schurz on conditions in the South, made in
+December, 1863. S. D., 39th Congress, 2d session, no. 2.</p>
+
+<p><a name="f31_31" id="f31_31"></a><a href="#fna31_31">[31]</a> Art. v, sect. 1, &sect; 1.</p>
+
+<p><a name="f32_32" id="f32_32"></a><a href="#fna32_32">[32]</a> Art. ii, sec. 5, &sect; 5.</p>
+
+<p><a name="f33_33" id="f33_33"></a><a href="#fna33_33">[33]</a> S. L., 1865-66, p. 6.</p>
+
+<p><a name="f34_34" id="f34_34"></a><a href="#fna34_34">[34]</a> S. L., 1865-66, p. 234.</p>
+
+<p><a name="f35_35" id="f35_35"></a><a href="#fna35_35">[35]</a> Before, the maximum penalty for rape, arson, and burglary in
+the night had been imprisonment for 20 years, and for horse stealing
+imprisonment for 5 years.</p>
+
+<p><a name="f36_36" id="f36_36"></a><a href="#fna36_36">[36]</a> S. L., 1865-66, p. 232; 1866, p. 151.</p>
+
+<p><a name="f37_37" id="f37_37"></a><a href="#fna37_37">[37]</a> <i>Ibid.</i>, 1866, p. 150.</p>
+
+<p><a name="f38_38" id="f38_38"></a><a href="#fna38_38">[38]</a> <i>Ibid.</i>, 1865-66, p. 233.</p>
+
+<p><a name="f39_39" id="f39_39"></a><a href="#fna39_39">[39]</a> S. L., 1866, p. 153.</p>
+
+<p><a name="f40_40" id="f40_40"></a><a href="#fna40_40">[40]</a> <i>Ibid.</i>, 1865-66, p. 239.</p>
+
+<p><a name="f41_41" id="f41_41"></a><a href="#fna41_41">[41]</a> <i>Ibid.</i></p>
+
+<p><a name="f42_42" id="f42_42"></a><a href="#fna42_42">[42]</a> <i>Ibid.</i>, p. 240.</p>
+
+<p><a name="f43_43" id="f43_43"></a><a href="#fna43_43">[43]</a> <i>Ibid.</i>, 241.</p>
+
+<p><a name="f44_44" id="f44_44"></a><a href="#fna44_44">[44]</a> S. L., 1866, p. 59.</p>
+
+<p><a name="f45_45" id="f45_45"></a><a href="#fna45_45">[45]</a> J. C., 1865, p. 16.</p>
+
+<p><a name="f46_46" id="f46_46"></a><a href="#fna46_46">[46]</a> <i>Ibid.</i>, p. 17.</p>
+
+<p><a name="f47_47" id="f47_47"></a><a href="#fna47_47">[47]</a> <i>Ibid.</i>, 137.</p>
+
+<p><a name="f48_48" id="f48_48"></a><a href="#fna48_48">[48]</a> S. L., 1866, p. 216. For the governor&#8217;s message and the
+report of the committee to which the amendment was referred, see A. A. C.,
+1865, p. 352. For a further expression of public opinion, see Atlanta <i>New
+Era</i>, October 19, 1866.</p>
+
+<p><a name="f49_49" id="f49_49"></a><a href="#fna49_49">[49]</a> S. L., 1865-66, p. 315.</p>
+
+<p><a name="f50_50" id="f50_50"></a><a href="#fna50_50">[50]</a> S. L., 1865-66, p. 14, and S. L., 1866, p. 143.</p>
+
+<p><a name="f51_51" id="f51_51"></a><a href="#fna51_51">[51]</a> S. L., 1866, p. 219.</p>
+
+<p><a name="f52_52" id="f52_52"></a><a href="#fna52_52">[52]</a> Report of Carl Schurz above cited.</p>
+
+<p><a name="f53_53" id="f53_53"></a><a href="#fna53_53">[53]</a> C. G., 39th Congress, 1st session. Appendix, p. 1.</p>
+
+<p><a name="f54_54" id="f54_54"></a><a href="#fna54_54">[54]</a> One of the Senators elect from Georgia had been
+Vice-President of the defunct Confederacy.</p>
+
+<p><a name="f55_55" id="f55_55"></a><a href="#fna55_55">[55]</a> C. G., 39th Congress, 1st session, p. 2.</p>
+
+<p><a name="f56_56" id="f56_56"></a><a href="#fna56_56">[56]</a> R. C., 39th Congress, 1st session, vol. ii, p. iii.</p>
+
+<p><a name="f57_57" id="f57_57"></a><a href="#fna57_57">[57]</a> C. G., 39th Congress, 1st session, appendix, p. 82.</p>
+
+<p><a name="f58_58" id="f58_58"></a><a href="#fna58_58">[58]</a> C. G., 39th Congress, 1st session, p. 915.</p>
+
+<p><a name="f59_59" id="f59_59"></a><a href="#fna59_59">[59]</a> U. S. L., vol. 14, p. 27.</p>
+
+<p><a name="f60_60" id="f60_60"></a><a href="#fna60_60">[60]</a> Trumbull&#8217;s speech, C. G., 39th Congress, 1st session, p.
+474.</p>
+
+<p><a name="f61_61" id="f61_61"></a><a href="#fna61_61">[61]</a> R. C., 39th Congress, 1st session, vol. ii.</p>
+
+<p><a name="f62_62" id="f62_62"></a><a href="#fna62_62">[62]</a> Senate resolution (by Andrew Johnson), C. G., 37th Congress,
+1st session, pp. 243, 265; House resolution (by Crittenden), <i>ibid.</i>, pp.
+209, 222.</p>
+
+<p><a name="f63_63" id="f63_63"></a><a href="#fna63_63">[63]</a> U. S. L., vol. 14, P. 358.</p>
+
+<p><a name="f64_64" id="f64_64"></a><a href="#fna64_64">[64]</a> <i>Ibid.</i>, p. 173.</p>
+
+<p><a name="f65_65" id="f65_65"></a><a href="#fna65_65">[65]</a> U. S. Senate Journal, 39th Congress, 2d session, p. 21.</p>
+
+<p><a name="f66_66" id="f66_66"></a><a href="#fna66_66">[66]</a> C. G., 39th Congress, 2d session, p. 814.</p>
+
+<p><a name="f67_67" id="f67_67"></a><a href="#fna67_67">[67]</a> <i>Ibid.</i></p>
+
+<p><a name="f68_68" id="f68_68"></a><a href="#fna68_68">[68]</a> C. G., 39th Congress, 2d session, p. 251.</p>
+
+<p><a name="f69_69" id="f69_69"></a><a href="#fna69_69">[69]</a> U. S. L., vol. 14, p. 428.</p>
+
+<p><a name="f70_70" id="f70_70"></a><a href="#fna70_70">[70]</a> C. G., 39th Congress, 2d session, p. 1076.</p>
+
+<p><a name="f71_71" id="f71_71"></a><a href="#fna71_71">[71]</a> U. S. L., vol. 15, p. 2.</p>
+
+<p><a name="f72_72" id="f72_72"></a><a href="#fna72_72">[72]</a> <i>Ibid.</i>, p. 14.</p>
+
+<p><a name="f73_73" id="f73_73"></a><a href="#fna73_73">[73]</a> Mississippi <i>versus</i> Johnson, 4 Wallace, 475; Georgia
+<i>versus</i> Stanton, 6 Wallace, 51; <i>Ex parte</i> McCardle, 6 Wallace, 324, and
+7 Wallace, 512.</p>
+
+<p><a name="f74_74" id="f74_74"></a><a href="#fna74_74">[74]</a> 7 Wallace, 700.</p>
+
+<p><a name="f75_75" id="f75_75"></a><a href="#fna75_75">[75]</a> The <i>Federalist</i>, no. 43.</p>
+
+<p><a name="f76_76" id="f76_76"></a><a href="#fna76_76">[76]</a> Story on the Constitution, chap. 41 (4th edition).</p>
+
+<p><a name="f77_77" id="f77_77"></a><a href="#fna77_77">[77]</a> Cooley on the Constitution, p. 23 (4th edition).</p>
+
+<p><a name="f78_78" id="f78_78"></a><a href="#fna78_78">[78]</a> Prize Cases, 2 Black, 687.</p>
+
+<p><a name="f79_79" id="f79_79"></a><a href="#fna79_79">[79]</a> <i>Ex parte</i> Garland, 4 Wallace, 333.</p>
+
+<p><a name="f80_80" id="f80_80"></a><a href="#fna80_80">[80]</a> Archives of the Department of State, Washington.</p>
+
+<p><a name="f81_81" id="f81_81"></a><a href="#fna81_81">[81]</a> C. G., 39th Congress, 2d session, p. 615. For other
+expressions of the same doctrine, see Cullom&#8217;s speech, <i>ibid.</i>, p. 814;
+Sumner&#8217;s resolutions, C. G., 39th Congress, 1st session, p. 2; Sumner&#8217;s
+resolutions, C. G., 40th Congress, 2d session, p. 453.</p>
+
+<p><a name="f82_82" id="f82_82"></a><a href="#fna82_82">[82]</a> G. O. H., 1867, no. 18 and 104; 1868, no. 55; G. O. T. M.
+D., 1867, no. 1; 1868, no. 3 and 108.</p>
+
+<p><a name="f83_83" id="f83_83"></a><a href="#fna83_83">[83]</a> G. O. T. M. D., 1867, no. 5.</p>
+
+<p><a name="f84_84" id="f84_84"></a><a href="#fna84_84">[84]</a> <i>Ibid.</i>, 1867, no. 20.</p>
+
+<p><a name="f85_85" id="f85_85"></a><a href="#fna85_85">[85]</a> G. O. T. M. D., 1867, no. 50.</p>
+
+<p><a name="f86_86" id="f86_86"></a><a href="#fna86_86">[86]</a> <i>Ibid.</i>, 1867, no. 69.</p>
+
+<p><a name="f87_87" id="f87_87"></a><a href="#fna87_87">[87]</a> <i>Ibid.</i>, 1867, no. 83.</p>
+
+<p><a name="f88_88" id="f88_88"></a><a href="#fna88_88">[88]</a> <i>Ibid.</i>, 1867, no. 89. Also see Pope&#8217;s Report, in R. S. W.,
+40th Congress, 2d session, vol. i, p. 320.</p>
+
+<p><a name="f89_89" id="f89_89"></a><a href="#fna89_89">[89]</a> There is a slight inaccuracy in the official figures.</p>
+
+<p><a name="f90_90" id="f90_90"></a><a href="#fna90_90">[90]</a> G. O. T. M. D., 1867, no. 89.</p>
+
+<p><a name="f91_91" id="f91_91"></a><a href="#fna91_91">[91]</a> Georgia Constitution of 1868, art. i, sec. i.</p>
+
+<p><a name="f92_92" id="f92_92"></a><a href="#fna92_92">[92]</a> <i>Ibid.</i>, art. i, sect. xi.</p>
+
+<p><a name="f93_93" id="f93_93"></a><a href="#fna93_93">[93]</a> <i>Ibid.</i>, art. ii, sect. ii.</p>
+
+<p><a name="f94_94" id="f94_94"></a><a href="#fna94_94">[94]</a> <i>Ibid.</i>, art. ii, sect. vii, &sect; 10.</p>
+
+<p><a name="f95_95" id="f95_95"></a><a href="#fna95_95">[95]</a> <i>Ibid.</i>, art. i, sect. xxii.</p>
+
+<p><a name="f96_96" id="f96_96"></a><a href="#fna96_96">[96]</a> <i>Ibid.</i>, art. vi, sect. i.</p>
+
+<p><a name="f97_97" id="f97_97"></a><a href="#fna97_97">[97]</a> G. O. T. M. D., 1868, no. 39 and 40.</p>
+
+<p><a name="f98_98" id="f98_98"></a><a href="#fna98_98">[98]</a> <i>Ibid.</i>, no. 76, 90 and 93. Also, E. D., 40th Congress 2d
+session, no. 300.</p>
+
+<p><a name="f99_99" id="f99_99"></a><a href="#fna99_99">[99]</a> Pope&#8217;s Report in R. S. W., 40th Congress, 2d session, vol.
+i, p. 320.</p>
+
+<p><a name="f100_100" id="f100_100"></a><a href="#fna100_100">[100]</a> G. O. T. M. D., 1867, no. 1.</p>
+
+<p><a name="f101_101" id="f101_101"></a><a href="#fna101_101">[101]</a> G. O. T. M. D., 1867, no. 10.</p>
+
+<p><a name="f102_102" id="f102_102"></a><a href="#fna102_102">[102]</a> For the correspondence between Jenkins and Pope see A. A.
+C., 1867, p. 363.</p>
+
+<p><a name="f103_103" id="f103_103"></a><a href="#fna103_103">[103]</a> G. O. T. M. D., 1867, no. 49.</p>
+
+<p><a name="f104_104" id="f104_104"></a><a href="#fna104_104">[104]</a> <i>Ibid.</i>, 1867, no. 45.</p>
+
+<p><a name="f105_105" id="f105_105"></a><a href="#fna105_105">[105]</a> <i>Ibid.</i>, 1867, no. 28.</p>
+
+<p><a name="f106_106" id="f106_106"></a><a href="#fna106_106">[106]</a> <i>Ibid.</i>, 1867, no. 69.</p>
+
+<p><a name="f107_107" id="f107_107"></a><a href="#fna107_107">[107]</a> S. O. T. M. D., 1867, <i>passim</i>.</p>
+
+<p><a name="f108_108" id="f108_108"></a><a href="#fna108_108">[108]</a> G. O. T. M. D., 1867, no. 53.</p>
+
+<p><a name="f109_109" id="f109_109"></a><a href="#fna109_109">[109]</a> S. O. T. M. D., 1867, no. 92, 100, 104.</p>
+
+<p><a name="f110_110" id="f110_110"></a><a href="#fna110_110">[110]</a> <i>Ibid.</i>, 1867, no. 263.</p>
+
+<p><a name="f111_111" id="f111_111"></a><a href="#fna111_111">[111]</a> These figures are compiled from the special orders of the
+Third Military District.</p>
+
+<p><a name="f112_112" id="f112_112"></a><a href="#fna112_112">[112]</a> G. O. T. M. D., 1868, no. 22.</p>
+
+<p><a name="f113_113" id="f113_113"></a><a href="#fna113_113">[113]</a> Ordinance of Dec. 20, 1867, J. C., 1867-8, p. 564.</p>
+
+<p><a name="f114_114" id="f114_114"></a><a href="#fna114_114">[114]</a> Avery, <i>History of Georgia</i>, p. 378.</p>
+
+<p><a name="f115_115" id="f115_115"></a><a href="#fna115_115">[115]</a> G. O. T. M. D., 1868, no. 8. Meade acted with the greatest
+courtesy, and the relations between him and the officers remained
+friendly. See Meade&#8217;s letter to Jenkins, A. A. C., 1867, p. 367. The
+removal of the treasurer was a formality to preserve the appearance of due
+discipline; Jones was allowed to retain the money then in the treasury,
+and to use it in paying the state debt and other expenses of the state
+government. See his report to the legislature, Sept. 18, 1868; H. J.,
+1868, p. 359.</p>
+
+<p><a name="f116_116" id="f116_116"></a><a href="#fna116_116">[116]</a> J. C., 1867-8, p. 581.</p>
+
+<p><a name="f117_117" id="f117_117"></a><a href="#fna117_117">[117]</a> G. O. T. M. D., 1868, no. 12 and 17.</p>
+
+<p><a name="f118_118" id="f118_118"></a><a href="#fna118_118">[118]</a> S. O. T. M. D., 1868, no. 112.</p>
+
+<p><a name="f119_119" id="f119_119"></a><a href="#fna119_119">[119]</a> G. O. T. M. D., 1868, no. 39 and 57.</p>
+
+<p><a name="f120_120" id="f120_120"></a><a href="#fna120_120">[120]</a> <i>Ibid.</i>, 1868, no. 58.</p>
+
+<p><a name="f121_121" id="f121_121"></a><a href="#fna121_121">[121]</a> <i>Ibid.</i>, 1868, no. 51.</p>
+
+<p><a name="f122_122" id="f122_122"></a><a href="#fna122_122">[122]</a> <i>Ibid.</i>, 1868, no. 54.</p>
+
+<p><a name="f123_123" id="f123_123"></a><a href="#fna123_123">[123]</a> <i>Ibid.</i>, 1868, no. 57.</p>
+
+<p><a name="f124_124" id="f124_124"></a><a href="#fna124_124">[124]</a> <i>Ibid.</i>, 1868, no. 27 and 37.</p>
+
+<p><a name="f125_125" id="f125_125"></a><a href="#fna125_125">[125]</a> G. O. T. M. D., 1868, no. 27, 55, 99, 123, 136, and 148.</p>
+
+<p><a name="f126_126" id="f126_126"></a><a href="#fna126_126">[126]</a> M. F. U., Oct. 29, 1867.</p>
+
+<p><a name="f127_127" id="f127_127"></a><a href="#fna127_127">[127]</a> Atlanta <i>New Era</i>, Nov. 16, 1866; March 13, 1867; March 19,
+1867.</p>
+
+<p><a name="f128_128" id="f128_128"></a><a href="#fna128_128">[128]</a> Testimony of John B. Gordon, K. K. R., vol. 6, p. 308.</p>
+
+<p><a name="f129_129" id="f129_129"></a><a href="#fna129_129">[129]</a> Atlanta <i>New Era</i>, March 13, 16 and 30, 1867.</p>
+
+<p><a name="f130_130" id="f130_130"></a><a href="#fna130_130">[130]</a> M. F. U., Oct. 29 and Nov. 5, 1867.</p>
+
+<p><a name="f131_131" id="f131_131"></a><a href="#fna131_131">[131]</a> A. A. C., 1868, p. 309.</p>
+
+<p><a name="f132_132" id="f132_132"></a><a href="#fna132_132">[132]</a> Testimony before the reconstruction committee, H. M. D.,
+40th Congress, 2d session, no. 52, p. 26. See also M. F. U., March 10 and
+17, 1867.</p>
+
+<p><a name="f133_133" id="f133_133"></a><a href="#fna133_133">[133]</a> Tribune Almanac for 1869, p. 78.</p>
+
+<p><a name="f134_134" id="f134_134"></a><a href="#fna134_134">[134]</a> U. S. L., vol. 15, Public Laws, p. 41.</p>
+
+<p><a name="f135_135" id="f135_135"></a><a href="#fna135_135">[135]</a> See sects. 5 and 6.</p>
+
+<p><a name="f136_136" id="f136_136"></a><a href="#fna136_136">[136]</a> The vote in Alabama on the adoption of the constitution
+resulted in favor of adoption; but less than half of the registered voters
+voted, and the vote was taken before the passage of the act of March 11,
+1868, above mentioned. Excuse was found by the Republican leaders for
+waiving this irregularity. C. G., 40th Congress, 2d session, p. 2463.</p>
+
+<p><a name="f137_137" id="f137_137"></a><a href="#fna137_137">[137]</a> C. G., 40th Congress, 2d session, p. 2859 (Trumbull&#8217;s
+speech).</p>
+
+<p><a name="f138_138" id="f138_138"></a><a href="#fna138_138">[138]</a> U. S. L., vol. 15, Public Acts, p. 73.</p>
+
+<p><a name="f139_139" id="f139_139"></a><a href="#fna139_139">[139]</a> S. J., 1868. p. 3.</p>
+
+<p><a name="f140_140" id="f140_140"></a><a href="#fna140_140">[140]</a> The Iron Clad or Test Oath, to the effect that the person
+swearing had never borne arms against the United States, or in any way
+served the Confederacy. U. S. L., vol. 12, p. 502.</p>
+
+<p>[141] G. O. T. M. D., 1868, no. 61.</p>
+
+<p><a name="f142_142" id="f142_142"></a><a href="#fna142_142">[142]</a> S. R., 40th Congress, 3d session, no. 192, p. 38. See also
+C. G., 41st Congress, 1st session, p. 594.</p>
+
+<p><a name="f143_143" id="f143_143"></a><a href="#fna143_143">[143]</a> G. O. T. M. D., 1868, no. 98.</p>
+
+<p><a name="f144_144" id="f144_144"></a><a href="#fna144_144">[144]</a> S. R., 40th Congress, 3d session, no. 192, p. 7.</p>
+
+<p><a name="f145_145" id="f145_145"></a><a href="#fna145_145">[145]</a> <i>Ibid.</i> See also H. J., 1868, p. 25.</p>
+
+<p><a name="f146_146" id="f146_146"></a><a href="#fna146_146">[146]</a> S. J., 1868, p. 34.</p>
+
+<p><a name="f147_147" id="f147_147"></a><a href="#fna147_147">[147]</a> H. J., 1868, pp. 36, 44.</p>
+
+<p><a name="f148_148" id="f148_148"></a><a href="#fna148_148">[148]</a> S. R., 40th Congress, 3d session, no. 192, p. 8.</p>
+
+<p><a name="f149_149" id="f149_149"></a><a href="#fna149_149">[149]</a> S. R., 40th Congress, 3d session, no. 192, p. 38.</p>
+
+<p><a name="f150_150" id="f150_150"></a><a href="#fna150_150">[150]</a> <i>Ibid.</i></p>
+
+<p><a name="f151_151" id="f151_151"></a><a href="#fna151_151">[151]</a> <i>Ibid.</i>, p. 13.</p>
+
+<p><a name="f152_152" id="f152_152"></a><a href="#fna152_152">[152]</a> H. J., 1868, p. 52.</p>
+
+<p><a name="f153_153" id="f153_153"></a><a href="#fna153_153">[153]</a> G. O. T. M. D., 1868, no. 103.</p>
+
+<p><a name="f154_154" id="f154_154"></a><a href="#fna154_154">[154]</a> G. O. H., 1868, no. 55.</p>
+
+<p><a name="f155_155" id="f155_155"></a><a href="#fna155_155">[155]</a> H. J., 1868, p. 57.</p>
+
+<p><a name="f156_156" id="f156_156"></a><a href="#fna156_156">[156]</a> C. G., 40th Congress, 2d session, pp. 4472, 4499, 4500.</p>
+
+<p><a name="f157_157" id="f157_157"></a><a href="#fna157_157">[157]</a> H. J., 1868, p. 104.</p>
+
+<p><a name="f158_158" id="f158_158"></a><a href="#fna158_158">[158]</a> C. G., 40th Congress, 2d session, p. 4518.</p>
+
+<p><a name="f159_159" id="f159_159"></a><a href="#fna159_159">[159]</a> A. A. C., 1868, p. 312.</p>
+
+<p><a name="f160_160" id="f160_160"></a><a href="#fna160_160">[160]</a> The most prominent of these was Ex-Governor Brown. He went
+as a delegate to the Republican National Convention in 1868, but in a
+speech there declared his opposition to the granting of political power to
+the negro. Avery, <i>History of Georgia</i>, p. 385.</p>
+
+<p><a name="f161_161" id="f161_161"></a><a href="#fna161_161">[161]</a> S. J., 1868, p. 84.</p>
+
+<p><a name="f162_162" id="f162_162"></a><a href="#fna162_162">[162]</a> Constitution of 1868, Art. xi, &sect; 3.</p>
+
+<p><a name="f163_163" id="f163_163"></a><a href="#fna163_163">[163]</a> Irwin&#8217;s Code, 1868, &sect; 1648.</p>
+
+<p><a name="f164_164" id="f164_164"></a><a href="#fna164_164">[164]</a> Art. i, sec. 2.</p>
+
+<p><a name="f165_165" id="f165_165"></a><a href="#fna165_165">[165]</a> This ingenious argument of intent was made by Bullock. H.
+J., 1868, p. 300.</p>
+
+<p><a name="f166_166" id="f166_166"></a><a href="#fna166_166">[166]</a> White <i>versus</i> Clements, Georgia Reports, vol. 39, p. 232.</p>
+
+<p><a name="f167_167" id="f167_167"></a><a href="#fna167_167">[167]</a> H. J., 1868, pp. 242, 247. S. J., 1868, pp. 278, 280.</p>
+
+<p><a name="f168_168" id="f168_168"></a><a href="#fna168_168">[168]</a> Irwin&#8217;s Code, 1868, &sect; 121.</p>
+
+<p><a name="f169_169" id="f169_169"></a><a href="#fna169_169">[169]</a> C. G., 40th Congress, 3d session, p. 3.</p>
+
+<p><a name="f170_170" id="f170_170"></a><a href="#fna170_170">[170]</a> <i>Ibid.</i>, p. 2.</p>
+
+<p><a name="f171_171" id="f171_171"></a><a href="#fna171_171">[171]</a> C. G., 40th Congress, 3d session, p. 3.</p>
+
+<p><a name="f172_172" id="f172_172"></a><a href="#fna172_172">[172]</a> Richard Taylor, <i>Destruction and Reconstruction</i>.</p>
+
+<p><a name="f173_173" id="f173_173"></a><a href="#fna173_173">[173]</a> K. K. R., vol. 6, p. 93 (testimony of Augustus R. Wright);
+p. 274 (testimony of Ambrose R. Wright); p. 236 (testimony of J. H.
+Christy); p. 818 (testimony of J. E. Brown).</p>
+
+<p><a name="f174_174" id="f174_174"></a><a href="#fna174_174">[174]</a> <i>Ibid.</i>, vol. 7, pp. 812, 818 (testimony of J. E. Brown);
+p. 786 (testimony of B. H. Hill).</p>
+
+<p><a name="f175_175" id="f175_175"></a><a href="#fna175_175">[175]</a> <i>Ibid.</i>, vol. 6, pp. 21 (testimony of C. D. Forsythe), 118
+(testimony of Aug. R. Wright); vol 7, pp. 988 (testimony of Linton
+Stephens), 1071.</p>
+
+<p><a name="f176_176" id="f176_176"></a><a href="#fna176_176">[176]</a> <i>Ibid.</i>, vol. 6, pp. 426, 440 (testimony of J. H.
+Caldwell), 108 (testimony of Aug. R. Wright); vol. 7, p. 818 (testimony of
+J. E. Brown).</p>
+
+<p><a name="f177_177" id="f177_177"></a><a href="#fna177_177">[177]</a> <i>Ibid.</i>, vol. 6, p. 344 (testimony of J. B. Gordon).</p>
+
+<p><a name="f178_178" id="f178_178"></a><a href="#fna178_178">[178]</a> C. G., 41st Congress, 2d session, p. 1929 (Trumbull&#8217;s
+remarks).</p>
+
+<p><a name="f179_179" id="f179_179"></a><a href="#fna179_179">[179]</a> Report of committee on reconstruction, H. M. D., 40th
+Congress, 3d session, no. 52, pp. 12 (testimony of Akerman), 27 (testimony
+of J. E. Bryant).</p>
+
+<p><a name="f180_180" id="f180_180"></a><a href="#fna180_180">[180]</a> K. K. R., vol. 6, p. 107 (testimony of Aug. R. Wright).</p>
+
+<p><a name="f181_181" id="f181_181"></a><a href="#fna181_181">[181]</a> K. K. R., vol. 7, p. 838 (testimony of C. W. Howard).</p>
+
+<p><a name="f182_182" id="f182_182"></a><a href="#fna182_182">[182]</a> This statement is corroborated by the testimony of B. H.
+Hill, K. K. R., vol. 7, p. 767.</p>
+
+<p><a name="f183_183" id="f183_183"></a><a href="#fna183_183">[183]</a> C. G., 40th Congress, 3d session, p. 2.</p>
+
+<p><a name="f184_184" id="f184_184"></a><a href="#fna184_184">[184]</a> S. R., 40th Congress, 3d session, no. 192.</p>
+
+<p><a name="f185_185" id="f185_185"></a><a href="#fna185_185">[185]</a> C. G., 40th Congress, 3d session, p. 27.</p>
+
+<p><a name="f186_186" id="f186_186"></a><a href="#fna186_186">[186]</a> <i>Ibid.</i>, p. 144.</p>
+
+<p><a name="f187_187" id="f187_187"></a><a href="#fna187_187">[187]</a> <i>Ibid.</i>, pp. 10 and 674.</p>
+
+<p><a name="f188_188" id="f188_188"></a><a href="#fna188_188">[188]</a> H. M. D., 40th Congress, 3d session, no. 52.</p>
+
+<p><a name="f189_189" id="f189_189"></a><a href="#fna189_189">[189]</a> U. S. L., vol. 15, Public Laws, p. 257.</p>
+
+<p><a name="f190_190" id="f190_190"></a><a href="#fna190_190">[190]</a> C. G., 40th Congress, 3d session, pp. 934, 976. A precedent
+for this rule was found in the similar treatment of Missouri&#8217;s electoral
+vote in 1821.</p>
+
+<p><a name="f191_191" id="f191_191"></a><a href="#fna191_191">[191]</a> C. C. 40th Congress, 3d session, pp. 1057, ff.</p>
+
+<p><a name="f192_192" id="f192_192"></a><a href="#fna192_192">[192]</a> G. C., 1867-8, p. 567.</p>
+
+<p><a name="f193_193" id="f193_193"></a><a href="#fna193_193">[193]</a> C. G., 41st Congress, 1st session, pp. 16, 18. The
+committee of elections reported on Jan. 28, 1870, that the Georgia
+representatives were not entitled to seats in the 41st Congress, having
+sat in the 40th. R. C., 41st Congress, 2d session, no. 16.</p>
+
+<p><a name="f194_194" id="f194_194"></a><a href="#fna194_194">[194]</a> C. G., 41st Congress, 1st session, pp. 8, 263, 591.</p>
+
+<p><a name="f195_195" id="f195_195"></a><a href="#fna195_195">[195]</a> U. S. L., vol. 15, appendix, p. xii.</p>
+
+<p><a name="f196_196" id="f196_196"></a><a href="#fna196_196">[196]</a> W. A. Dunning, <i>The Civil War and Reconstruction</i>, pp.
+226-228, 243.</p>
+
+<p><a name="f197_197" id="f197_197"></a><a href="#fna197_197">[197]</a> S. J., 1869, p. 806; H. J., p. 610.</p>
+
+<p><a name="f198_198" id="f198_198"></a><a href="#fna198_198">[198]</a> C. G., 41st Congress, 2d session, p. 251.</p>
+
+<p><a name="f199_199" id="f199_199"></a><a href="#fna199_199">[199]</a> <i>Ibid.</i>, p. 4.</p>
+
+<p><a name="f200_200" id="f200_200"></a><a href="#fna200_200">[200]</a> H. M. D., 40th Congress, 3d session, no. 52.</p>
+
+<p><a name="f201_201" id="f201_201"></a><a href="#fna201_201">[201]</a> S. D., 41st Congress, 2d session, no. 3.</p>
+
+<p><a name="f202_202" id="f202_202"></a><a href="#fna202_202">[202]</a> <i>Ibid.</i> Halleck&#8217;s annual report of Nov. 6, 1869, speaks to
+the same effect. R. S. W., 1869, abridged edition, p. 70.</p>
+
+<p><a name="f203_203" id="f203_203"></a><a href="#fna203_203">[203]</a> C. G., 41st Congress, 2d session, p. 246.</p>
+
+<p><a name="f204_204" id="f204_204"></a><a href="#fna204_204">[204]</a> U. S. L., vol. 16, Pub. Laws, p. 59.</p>
+
+<p><a name="f205_205" id="f205_205"></a><a href="#fna205_205">[205]</a> C. G., 41st Congress, 2d session, p. 1710 (Lawrence&#8217;s
+speech).</p>
+
+<p><a name="f206_206" id="f206_206"></a><a href="#fna206_206">[206]</a> <i>Ibid.</i>, pp. 165 (Carpenter&#8217;s speech) and 208 (Conkling&#8217;s
+speech).</p>
+
+<p><a name="f207_207" id="f207_207"></a><a href="#fna207_207">[207]</a> C. G., 41st Congress, 2d session, p. 2062.</p>
+
+<p><a name="f208_208" id="f208_208"></a><a href="#fna208_208">[208]</a> <i>Ibid.</i>, p. 1710 (Lawrence&#8217;s speech).</p>
+
+<p><a name="f209_209" id="f209_209"></a><a href="#fna209_209">[209]</a> G. O. T. M. D., 1868, no. 90.</p>
+
+<p><a name="f210_210" id="f210_210"></a><a href="#fna210_210">[210]</a> G. O. II., 1870, no. 1. This and other documents relating
+to Terry&#8217;s administration are published in E. D., 41st Congress, 2d
+session, no. 288.</p>
+
+<p><a name="f211_211" id="f211_211"></a><a href="#fna211_211">[211]</a> S. R., first Congress, 2d session, no. 58.</p>
+
+<p><a name="f212_212" id="f212_212"></a><a href="#fna212_212">[212]</a> G. O. M. D. G., 1870, no. 2, 14, 16, 17.</p>
+
+<p><a name="f213_213" id="f213_213"></a><a href="#fna213_213">[213]</a> S. O. M. D. G., no. 4, 5, 6, 8, 9, 11, 14, 17.</p>
+
+<p><a name="f214_214" id="f214_214"></a><a href="#fna214_214">[214]</a> <i>Ibid.</i>, no. 10 and 11.</p>
+
+<p><a name="f215_215" id="f215_215"></a><a href="#fna215_215">[215]</a> H. J., 1870, p. 3.</p>
+
+<p><a name="f216_216" id="f216_216"></a><a href="#fna216_216">[216]</a> S. J., 1870, p. 3; H. J., p. 7.</p>
+
+<p><a name="f217_217" id="f217_217"></a><a href="#fna217_217">[217]</a> H. J., p. 17.</p>
+
+<p><a name="f218_218" id="f218_218"></a><a href="#fna218_218">[218]</a> S. J., 1870., p. 26.</p>
+
+<p><a name="f219_219" id="f219_219"></a><a href="#fna219_219">[219]</a> H. J., 1870, p. 3.</p>
+
+<p><a name="f220_220" id="f220_220"></a><a href="#fna220_220">[220]</a> <i>Ibid.</i>, pp. 19 and 21.</p>
+
+<p><a name="f221_221" id="f221_221"></a><a href="#fna221_221">[221]</a> See also a letter from Sherman to Terry, published in K. K.
+R., vol. i, p. 311.</p>
+
+<p><a name="f222_222" id="f222_222"></a><a href="#fna222_222">[222]</a> Judge Cabaniss in Atlanta <i>Constitution</i>, Jan. 8, 1870.</p>
+
+<p><a name="f223_223" id="f223_223"></a><a href="#fna223_223">[223]</a> H. J., 1870, p. 9.</p>
+
+<p><a name="f224_224" id="f224_224"></a><a href="#fna224_224">[224]</a> G. O. M. D. G., 1870, no. 3 and 4.</p>
+
+<p><a name="f225_225" id="f225_225"></a><a href="#fna225_225">[225]</a> <i>Ibid.</i>, no. 9 and 11.</p>
+
+<p><a name="f226_226" id="f226_226"></a><a href="#fna226_226">[226]</a> <i>Ibid.</i>, no. 9.</p>
+
+<p><a name="f227_227" id="f227_227"></a><a href="#fna227_227">[227]</a> <i>Ibid.</i>, no. 9 and 11.</p>
+
+<p><a name="f228_228" id="f228_228"></a><a href="#fna228_228">[228]</a> Atlanta <i>Constitution</i>, Jan. 27, 1870.</p>
+
+<p><a name="f229_229" id="f229_229"></a><a href="#fna229_229">[229]</a> C. G., 41st Congress, 2d session, p. 1926 (Trumbull&#8217;s
+speech).</p>
+
+<p><a name="f230_230" id="f230_230"></a><a href="#fna230_230">[230]</a> H. J., 1870, p. 22.</p>
+
+<p><a name="f231_231" id="f231_231"></a><a href="#fna231_231">[231]</a> H. J., 1870, p. 23.</p>
+
+<p><a name="f232_232" id="f232_232"></a><a href="#fna232_232">[232]</a> <i>Ibid.</i>, p. 25.</p>
+
+<p><a name="f233_233" id="f233_233"></a><a href="#fna233_233">[233]</a> <i>Ibid.</i>, p. 26.</p>
+
+<p><a name="f234_234" id="f234_234"></a><a href="#fna234_234">[234]</a> G. O. M. D. G., 1870, no. 10.</p>
+
+<p><a name="f235_235" id="f235_235"></a><a href="#fna235_235">[235]</a> H. J., 1870, p. 33.</p>
+
+<p><a name="f236_236" id="f236_236"></a><a href="#fna236_236">[236]</a> C. G., 41st Congress, 2d session, p. 208.</p>
+
+<p><a name="f237_237" id="f237_237"></a><a href="#fna237_237">[237]</a> S. J., 1870, p. 74; H. J., p. 74.</p>
+
+<p><a name="f238_238" id="f238_238"></a><a href="#fna238_238">[238]</a> See Bullock&#8217;s message, H. J., 1870, p. 52.</p>
+
+<p><a name="f239_239" id="f239_239"></a><a href="#fna239_239">[239]</a> H. J., 1870, p. 95.</p>
+
+<p><a name="f240_240" id="f240_240"></a><a href="#fna240_240">[240]</a> <i>Ibid.</i>, pp. 113, 156.</p>
+
+<p><a name="f241_241" id="f241_241"></a><a href="#fna241_241">[241]</a> H. J., 1870, p. 106.</p>
+
+<p><a name="f242_242" id="f242_242"></a><a href="#fna242_242">[242]</a> <i>Ibid.</i>, p. 140.</p>
+
+<p><a name="f243_243" id="f243_243"></a><a href="#fna243_243">[243]</a> <i>Ibid.</i>, p. 121.</p>
+
+<p><a name="f244_244" id="f244_244"></a><a href="#fna244_244">[244]</a> C. G., 41st Congress, 2d session, p. 576. For Sherman&#8217;s
+reply see E. D., 41st Congress, 2d session, no. 82.</p>
+
+<p><a name="f245_245" id="f245_245"></a><a href="#fna245_245">[245]</a> C. G., 41st Congress, 2d session, p. 1029.</p>
+
+<p><a name="f246_246" id="f246_246"></a><a href="#fna246_246">[246]</a> <i>Ibid.</i>, p. 1128.</p>
+
+<p><a name="f247_247" id="f247_247"></a><a href="#fna247_247">[247]</a> S. R., 41st Congress, 2d session, no. 58.</p>
+
+<p><a name="f248_248" id="f248_248"></a><a href="#fna248_248">[248]</a> Chicago <i>Tribune</i>, Dec. 7, 1868.</p>
+
+<p><a name="f249_249" id="f249_249"></a><a href="#fna249_249">[249]</a> C. G., 41st Congress, 2d session, pp. 1570, 1704.</p>
+
+<p><a name="f250_250" id="f250_250"></a><a href="#fna250_250">[250]</a> C. G., 41st Congress, 2d session, p. 1770.</p>
+
+<p><a name="f251_251" id="f251_251"></a><a href="#fna251_251">[251]</a> <i>Ibid.</i></p>
+
+<p><a name="f252_252" id="f252_252"></a><a href="#fna252_252">[252]</a> <i>Ibid.</i>, p. 1988.</p>
+
+<p><a name="f253_253" id="f253_253"></a><a href="#fna253_253">[253]</a> C. G., 41st Congress, 2d session, p. 2091.</p>
+
+<p><a name="f254_254" id="f254_254"></a><a href="#fna254_254">[254]</a> <i>Ibid.</i>, pp. 2820, ff.</p>
+
+<p><a name="f255_255" id="f255_255"></a><a href="#fna255_255">[255]</a> <i>Ibid.</i>, p. 2829.</p>
+
+<p><a name="f256_256" id="f256_256"></a><a href="#fna256_256">[256]</a> <i>Ibid.</i>, p. 4747.</p>
+
+<p><a name="f257_257" id="f257_257"></a><a href="#fna257_257">[257]</a> U. S. L., vol. 16, Public Laws, p. 363.</p>
+
+<p><a name="f258_258" id="f258_258"></a><a href="#fna258_258">[258]</a> H. J., 1870, p. 181.</p>
+
+<p><a name="f259_259" id="f259_259"></a><a href="#fna259_259">[259]</a> S. J., 1870, vol. ii, p. 29.</p>
+
+<p><a name="f260_260" id="f260_260"></a><a href="#fna260_260">[260]</a> <i>Ibid.</i>, p. 50; H. J., p. 343.</p>
+
+<p><a name="f261_261" id="f261_261"></a><a href="#fna261_261">[261]</a> C. G., 41st Congress, 3d session, pp. 527, 530, 678, 703,
+1086.</p>
+
+<p><a name="f262_262" id="f262_262"></a><a href="#fna262_262">[262]</a> S. R., 41st Congress, 3d session, no. 308.</p>
+
+<p><a name="f263_263" id="f263_263"></a><a href="#fna263_263">[263]</a> C. G., 41st Congress, 3d session, pp. 871, 1632.</p>
+
+<p><a name="f264_264" id="f264_264"></a><a href="#fna264_264">[264]</a> J. C., p. 14.</p>
+
+<p><a name="f265_265" id="f265_265"></a><a href="#fna265_265">[265]</a> J. C., pp. 16, 17.</p>
+
+<p><a name="f266_266" id="f266_266"></a><a href="#fna266_266">[266]</a> <i>Ibid.</i>, p. 587.</p>
+
+<p><a name="f267_267" id="f267_267"></a><a href="#fna267_267">[267]</a> <i>Ibid.</i>, pp. 49, 53.</p>
+
+<p><a name="f268_268" id="f268_268"></a><a href="#fna268_268">[268]</a> <i>Ibid.</i>, p. 581.</p>
+
+<p><a name="f269_269" id="f269_269"></a><a href="#fna269_269">[269]</a> <i>Ibid.</i>, p. 75.</p>
+
+<p><a name="f270_270" id="f270_270"></a><a href="#fna270_270">[270]</a> <i>Ibid.</i>, p. 63.</p>
+
+<p><a name="f271_271" id="f271_271"></a><a href="#fna271_271">[271]</a> <i>Ibid.</i>, p. 84.</p>
+
+<p><a name="f272_272" id="f272_272"></a><a href="#fna272_272">[272]</a> <i>Ibid.</i>, pp. 581, 594.</p>
+
+<p><a name="f273_273" id="f273_273"></a><a href="#fna273_273">[273]</a> <i>Ibid.</i>, p. 68.</p>
+
+<p><a name="f274_274" id="f274_274"></a><a href="#fna274_274">[274]</a> J. C., p. 583.</p>
+
+<p><a name="f275_275" id="f275_275"></a><a href="#fna275_275">[275]</a> <i>Ibid.</i>, p. 593.</p>
+
+<p><a name="f276_276" id="f276_276"></a><a href="#fna276_276">[276]</a> <i>Ibid.</i>, p. 591.</p>
+
+<p><a name="f277_277" id="f277_277"></a><a href="#fna277_277">[277]</a> See J. C., 1865, p. 201 (speech of H. V. Johnson).</p>
+
+<p><a name="f278_278" id="f278_278"></a><a href="#fna278_278">[278]</a> J. C., 1867-8, p. 90.</p>
+
+<p><a name="f279_279" id="f279_279"></a><a href="#fna279_279">[279]</a> <i>Ibid.</i>, p. 39.</p>
+
+<p><a name="f280_280" id="f280_280"></a><a href="#fna280_280">[280]</a> <i>Ibid.</i>, p. 47.</p>
+
+<p><a name="f281_281" id="f281_281"></a><a href="#fna281_281">[281]</a> M. F. U., Dec. 24, 1867, Jan. 7, Jan. 14, 1868.</p>
+
+<p><a name="f282_282" id="f282_282"></a><a href="#fna282_282">[282]</a> H. J., 1868, p. 294.</p>
+
+<p><a name="f283_283" id="f283_283"></a><a href="#fna283_283">[283]</a> H. J., 1868, p. 303.</p>
+
+<p><a name="f284_284" id="f284_284"></a><a href="#fna284_284">[284]</a> S. J., 1868, p. 326.</p>
+
+<p><a name="f285_285" id="f285_285"></a><a href="#fna285_285">[285]</a> H. J., 1869, p. 5.</p>
+
+<p><a name="f286_286" id="f286_286"></a><a href="#fna286_286">[286]</a> <i>Ibid.</i>, p. 228.</p>
+
+<p><a name="f287_287" id="f287_287"></a><a href="#fna287_287">[287]</a> H. J., p. 54.</p>
+
+<p><a name="f288_288" id="f288_288"></a><a href="#fna288_288">[288]</a> <i>Ibid.</i>, p. 260.</p>
+
+<p><a name="f289_289" id="f289_289"></a><a href="#fna289_289">[289]</a> <i>Ibid.</i>, p. 265.</p>
+
+<p><a name="f290_290" id="f290_290"></a><a href="#fna290_290">[290]</a> H. J., 1869, p. 575.</p>
+
+<p><a name="f291_291" id="f291_291"></a><a href="#fna291_291">[291]</a> <i>Ibid.</i>, 1869, p. 618.</p>
+
+<p><a name="f292_292" id="f292_292"></a><a href="#fna292_292">[292]</a> S. J., p. 806.</p>
+
+<p><a name="f293_293" id="f293_293"></a><a href="#fna293_293">[293]</a> G. O. M. D. G., 1870, no. 9 and 11.</p>
+
+<p><a name="f294_294" id="f294_294"></a><a href="#fna294_294">[294]</a> S. J., 1870, p. 39.</p>
+
+<p><a name="f295_295" id="f295_295"></a><a href="#fna295_295">[295]</a> H. J., pp. 34, 40, 84, 88.</p>
+
+<p><a name="f296_296" id="f296_296"></a><a href="#fna296_296">[296]</a> The complexion of the legislature when composed of the men
+elected in April, 1868, was as follows:</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>&nbsp;</td>
+    <td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Senate.</td><td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Lower House.</td></tr>
+<tr><td>Republicans</td><td>&nbsp;</td>
+    <td align="center">22</td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">73</span></td></tr>
+<tr><td>Conservatives</td><td>&nbsp;</td>
+    <td align="center">22</td><td>&nbsp;</td>
+    <td align="center">102</td></tr></table>
+
+<p>After the colored members were expelled and their seats given to the
+minority candidates, it was as follows:</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>&nbsp;</td>
+    <td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Senate.</td><td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Lower House.</td></tr>
+<tr><td>Republicans</td><td>&nbsp;</td>
+    <td align="center">19</td><td>&nbsp;</td>
+    <td align="center"><span style="margin-left: .5em;">48</span></td></tr>
+<tr><td>Conservatives</td><td>&nbsp;</td>
+    <td align="center">25</td><td>&nbsp;</td>
+    <td align="center">127</td></tr></table>
+
+<p>After the reorganization of 1870 it was as follows:</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>&nbsp;</td>
+    <td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Senate.</td><td><span class="spacer">&nbsp;</span></td>
+    <td align="center">Lower House.</td></tr>
+<tr><td>Republicans</td><td>&nbsp;</td>
+    <td align="center">27</td><td>&nbsp;</td>
+    <td align="center">87</td></tr>
+<tr><td>Conservatives</td><td>&nbsp;</td>
+    <td align="center">17</td><td>&nbsp;</td>
+    <td align="center">83</td></tr></table>
+
+<p>The figures in the second and third tables are based upon the changes
+produced only by the official transactions referred to. Perhaps some
+slight corrections might be made on account of accidental circumstances,
+such as the non-attendance or death of a few members.</p>
+
+<p><a name="f297_297" id="f297_297"></a><a href="#fna297_297">[297]</a> See K. K. R., vol. 6, p. 149; vol. 7, p. 1062.</p>
+
+<p><a name="f298_298" id="f298_298"></a><a href="#fna298_298">[298]</a> H. J., 1870, p. 156.</p>
+
+<p><a name="f299_299" id="f299_299"></a><a href="#fna299_299">[299]</a> H. M. D., 40th Congress, 3d session, no. 52, p. 27.</p>
+
+<p><a name="f300_300" id="f300_300"></a><a href="#fna300_300">[300]</a> Savannah <i>News</i>, Jan. 12, 1870.</p>
+
+<p><a name="f301_301" id="f301_301"></a><a href="#fna301_301">[301]</a> H. J., p. 50.</p>
+
+<p><a name="f302_302" id="f302_302"></a><a href="#fna302_302">[302]</a> M. F. U., Feb. 15, 1870</p>
+
+<p><a name="f303_303" id="f303_303"></a><a href="#fna303_303">[303]</a> M. F. U., Jan. 25, 1870.</p>
+
+<p><a name="f304_304" id="f304_304"></a><a href="#fna304_304">[304]</a> H. J., p. 343.</p>
+
+<p><a name="f305_305" id="f305_305"></a><a href="#fna305_305">[305]</a> S. L., 1870, p. 62.</p>
+
+<p><a name="f306_306" id="f306_306"></a><a href="#fna306_306">[306]</a> <i>Ibid.</i>, p. 431.</p>
+
+<p><a name="f307_307" id="f307_307"></a><a href="#fna307_307">[307]</a> Tribune Almanac, 1871, p. 75.</p>
+
+<p><a name="f308_308" id="f308_308"></a><a href="#fna308_308">[308]</a> M. F. U., March 14, 8871; Atlanta <i>Constitution</i>, Oct. 26
+and 31, 1871.</p>
+
+<p><a name="f309_309" id="f309_309"></a><a href="#fna309_309">[309]</a> Art. iii, sect. i, &sect; 3.</p>
+
+<p><a name="f310_310" id="f310_310"></a><a href="#fna310_310">[310]</a> S. L., 1870, p. 419.</p>
+
+<p><a name="f311_311" id="f311_311"></a><a href="#fna311_311">[311]</a> E. M., 1870-74, p. 197.</p>
+
+<p><a name="f312_312" id="f312_312"></a><a href="#fna312_312">[312]</a> See entry of the secretary of state, <i>ibid.</i></p>
+
+<p><a name="f313_313" id="f313_313"></a><a href="#fna313_313">[313]</a> Art. iv, sect. i,&sect; 4.</p>
+
+<p><a name="f314_314" id="f314_314"></a><a href="#fna314_314">[314]</a> E. M., 1870-74, p. 198.</p>
+
+<p><a name="f315_315" id="f315_315"></a><a href="#fna315_315">[315]</a> Atlanta <i>Constitution</i>, Nov. 3, 1871.</p>
+
+<p><a name="f316_316" id="f316_316"></a><a href="#fna316_316">[316]</a> S. J., 1871, p. 17.</p>
+
+<p><a name="f317_317" id="f317_317"></a><a href="#fna317_317">[317]</a> Atlanta <i>Constitution</i>, Nov. 2, 1871.</p>
+
+<p><a name="f318_318" id="f318_318"></a><a href="#fna318_318">[318]</a> S. L., 1871, p. 27.</p>
+
+<p><a name="f319_319" id="f319_319"></a><a href="#fna319_319">[319]</a> Art. iv, sect. i, &sect; 4.</p>
+
+<p><a name="f320_320" id="f320_320"></a><a href="#fna320_320">[320]</a> H. J., 1871, p. 179.</p>
+
+<p><a name="f321_321" id="f321_321"></a><a href="#fna321_321">[321]</a> For vetoed bills see S. L., 1871 and 1872, pp. 12, 15, 18,
+27, 68, 74. See also <i>ibid.</i>, p. 260, and H. J., 1872, p. 25.</p>
+
+<p><a name="f322_322" id="f322_322"></a><a href="#fna322_322">[322]</a> E. M., 1870-74, p. 277 (pardon of V. A. Gaskill); Minutes
+of Fulton County Superior Court, vol. J, p. 404 (pardon of F. Blodgett).</p>
+
+<p><a name="f323_323" id="f323_323"></a><a href="#fna323_323">[323]</a> H. J., 1872, p. 25.</p>
+
+<p><a name="f324_324" id="f324_324"></a><a href="#fna324_324">[324]</a> <i>Ibid.</i>, p. 31.</p>
+
+<p><a name="f325_325" id="f325_325"></a><a href="#fna325_325">[325]</a> K. K. R., vol. 6, p. 327.</p>
+
+<p><a name="f326_326" id="f326_326"></a><a href="#fna326_326">[326]</a> Digest of tax laws, 1859, p. 11.</p>
+
+<p><a name="f327_327" id="f327_327"></a><a href="#fna327_327">[327]</a> S. L., 1865-66, p. 253.</p>
+
+<p><a name="f328_328" id="f328_328"></a><a href="#fna328_328">[328]</a> <i>Ibid.</i>, 1866, p. 164.</p>
+
+<p><a name="f329_329" id="f329_329"></a><a href="#fna329_329">[329]</a> <i>Ibid.</i>, 1868, p. 152; 1869, p. 159.</p>
+
+<p><a name="f330_330" id="f330_330"></a><a href="#fna330_330">[330]</a> B. L., p. 11.</p>
+
+<p><a name="f331_331" id="f331_331"></a><a href="#fna331_331">[331]</a> C. R., 1870 (printed in S. J., 1870, part ii, p. 83).</p>
+
+<p><a name="f332_332" id="f332_332"></a><a href="#fna332_332">[332]</a> C. R., 1870.</p>
+
+<p><a name="f333_333" id="f333_333"></a><a href="#fna333_333">[333]</a> C. R., April, 1871.</p>
+
+<p><a name="f334_334" id="f334_334"></a><a href="#fna334_334">[334]</a> C. R., April, 1872.</p>
+
+<p><a name="f335_335" id="f335_335"></a><a href="#fna335_335">[335]</a> B. L., p. 9; B. A., p. 42.</p>
+
+<p><a name="f336_336" id="f336_336"></a><a href="#fna336_336">[336]</a> Report of state treasurer Jones, published in H. J., 1868,
+p. 361; R. C., 1870; R. C., April, 1871; R. C., April, 1872.</p>
+
+<p><a name="f337_337" id="f337_337"></a><a href="#fna337_337">[337]</a> S. L., 1865-1866, pp. 12 and 14; <i>ibid.</i>, 1866, pp. 10, 11,
+143.</p>
+
+<p><a name="f338_338" id="f338_338"></a><a href="#fna338_338">[338]</a> Compiled from the financial documents above cited.</p>
+
+<p><a name="f339_339" id="f339_339"></a><a href="#fna339_339">[339]</a> S. L., 1865-66, p. 250.</p>
+
+<p><a name="f340_340" id="f340_340"></a><a href="#fna340_340">[340]</a> Compiled from the financial reports above cited.</p>
+
+<p>The enemies of reconstruction were fond of placing the state expenses of
+Bullock&#8217;s administration in juxtaposition with those before the war.
+Contrasts truly horrible could thus be produced. But it was not a fair
+comparison, for the expenses in such circumstances as prevailed after the
+war and after the social revolution would naturally be larger than before.
+The expenses of many states besides those which enjoyed reconstruction
+increased largely after the war. <i>E.g.</i> the records of Pennsylvania show
+that &#8220;Expenses of Government&#8221; were&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>In</td><td>1857 &nbsp; &nbsp;</td><td align="right">$423,448.89</td></tr>
+<tr><td>&nbsp;</td><td>1858</td><td align="right">399,888.36</td></tr>
+<tr><td>&nbsp;</td><td>1860</td><td align="right">404,863.41</td></tr>
+<tr><td>&nbsp;</td><td>1866</td><td align="right">668,909.63</td></tr>
+<tr><td>&nbsp;</td><td>1867</td><td align="right">802,878.58</td></tr>
+<tr><td>&nbsp;</td><td>1868</td><td align="right">845,539.89</td></tr>
+<tr><td>&nbsp;</td><td>1869</td><td align="right">804,730.17</td></tr>
+<tr><td>&nbsp;</td><td>1870</td><td align="right">826,069.25</td></tr></table>
+
+<p>Pennsylvania Executive Documents, Auditor&#8217;s Reports, for the years named.
+In Massachusetts the &#8220;Ordinary Expenses&#8221; were&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>In</td><td>1857 &nbsp; &nbsp;</td><td align="right">$1,236,204.26</td></tr>
+<tr><td>&nbsp;</td><td>1858</td><td align="right">1,008,620.50</td></tr>
+<tr><td>&nbsp;</td><td>1859</td><td align="right">999,899.76</td></tr>
+<tr><td>&nbsp;</td><td>1860</td><td align="right">1,193,896.41</td></tr>
+<tr><td>&nbsp;</td><td>1866</td><td align="right">6,877,720.85</td></tr>
+<tr><td>&nbsp;</td><td>1867</td><td align="right">5,953,003.31</td></tr>
+<tr><td>&nbsp;</td><td>1868</td><td align="right">5,908,678.48</td></tr></table>
+
+<p>Massachusetts Public Documents for the years named.</p>
+
+<p><a name="f341_341" id="f341_341"></a><a href="#fna341_341">[341]</a> C. R., 1870.</p>
+
+<p><a name="f342_342" id="f342_342"></a><a href="#fna342_342">[342]</a> C. R., April, 1871, p. 14; C. R., April, 1872, p. 17; B.
+L., p. 13; Conley&#8217;s message to the legislature, Jan. 11, 1872 (quoted in
+B. A., p. 6, and in K. K. R., vol. i, p. 141).</p>
+
+<p>Of these bonds 3,000, representing a debt of $3,000,000, were issued under
+a law of Sept. 15, 1870 (S. L., 1870, p. 10), authorizing the governor to
+issue bonds for various purposes without specified limit as to amount. The
+rest were issued under an act of Oct. 17, 1870 (omitted from the session
+laws, see Conley&#8217;s message just cited), authorizing the governor to issue
+to the Brunswick and Albany railroad state bonds to the amount of
+$1,880,000 in exchange for bonds of the railroad to the amount of
+$2,350,000.</p>
+
+<p>In addition to the bonds already mentioned, bonds to the amount of
+$600,000 were issued under acts of 1868 (S. L., 1868, pp. 14 and 138.)
+These were not sold and were returned to the possession of the state
+during Bullock&#8217;s administration (Angier&#8217;s statement, K. K. R., vol. 6, p.
+162). Also, before the issue of $3,000,000 mentioned, bonds to the amount
+of $2,000,000 were issued (Conley&#8217;s message cited). These were
+hypothecated with several bankers in New York. Some of them, amounting to
+$500,000, were returned and cancelled during Bullock&#8217;s administration
+(Conley&#8217;s message). The rest, amounting to $1,500,000, remained in the
+hands of the bankers. Conley stated, in January, 1872 (message cited),
+that these bonds had been replaced by bonds of a later issue and canceled
+during Bullock&#8217;s administration, and had therefore ceased to be a claim
+against the state. This statement conflicts with three facts. 1. The
+bankers who held these bonds refused to return them after their alleged
+cancellation. 2. One of these bankers sold the bonds which he held after
+their alleged cancellation (Henry Clews, <i>Twenty-eight Years in Wall
+Street</i>, p. 277). 3. The legislature of Georgia repudiated these bonds in
+1872, which would have been unnecessary if they had been cancelled. It
+seems probable, therefore, though not certain, that this $1,500,000 should
+be added to the debt incurred by the reconstruction government.</p>
+
+<p><a name="f343_343" id="f343_343"></a><a href="#fna343_343">[343]</a> S. L., 1868, title xvii.</p>
+
+<p><a name="f344_344" id="f344_344"></a><a href="#fna344_344">[344]</a> <i>Ibid.</i>, 1869, title xv.</p>
+
+<p><a name="f345_345" id="f345_345"></a><a href="#fna345_345">[345]</a> <i>Ibid.</i>, 1870, title xi, division vii.</p>
+
+<p><a name="f346_346" id="f346_346"></a><a href="#fna346_346">[346]</a> Angier&#8217;s statement, K. K. R., vol. i, p. 129.</p>
+
+<p><a name="f347_347" id="f347_347"></a><a href="#fna347_347">[347]</a> Conley&#8217;s message above cited.</p>
+
+<p><a name="f348_348" id="f348_348"></a><a href="#fna348_348">[348]</a> It is to be remarked, however, that four of the roads whose
+bonds the state had guaranteed became bankrupt before 1874. See Poor&#8217;s
+Railroad Manual for 1873-4, pp. 432 and 582; and for 1874-5, p. 426.</p>
+
+<p><a name="f349_349" id="f349_349"></a><a href="#fna349_349">[349]</a> E. M., 1870-74, p. 449.</p>
+
+<p><a name="f350_350" id="f350_350"></a><a href="#fna350_350">[350]</a> See the case of Hoyt, Minutes of Fulton County Superior
+Court, vol. I, pp. 371, 445.</p>
+
+<p><a name="f351_351" id="f351_351"></a><a href="#fna351_351">[351]</a> Report of the investigating committee of the legislature
+appointed in Dec., 1871. Its report was printed in Atlanta in 1872. It is
+bitterly partisan, but a minority report made by a Republican admits, with
+humorous resignation, that the charges are true.</p>
+
+<p><a name="f352_352" id="f352_352"></a><a href="#fna352_352">[352]</a> A. A. C., 1869, P. 305.</p>
+
+<p><a name="f353_353" id="f353_353"></a><a href="#fna353_353">[353]</a> See K. K. R., vol. i, pp. 137 and 138. The statements are
+on pp. 11 and 12 of the letter as published in Atlanta in 1871.</p>
+
+<p><a name="f354_354" id="f354_354"></a><a href="#fna354_354">[354]</a> See Conley&#8217;s message cited.</p>
+
+<p><a name="f355_355" id="f355_355"></a><a href="#fna355_355">[355]</a> In the latter part of 1868 and in 1869 the governor paid to
+a certain H. I. Kimball $54,500 from the treasury. He paid this to be used
+in furnishing a building which was at that time occupied as the state
+capital. (Bullock&#8217;s statement, B. A., p. 29.) There was no law authorizing
+this payment, nor was the state under any obligation to make it. The state
+bought the building in 1870 by an act of the legislature which provided
+that the $54,500 should be counted as part of the price. Thus Bullock&#8217;s
+advance was ratified by the state. (S. L., 1870, p. 494.) This, however,
+does not change the character of the act.</p>
+
+<p><a name="f356_356" id="f356_356"></a><a href="#fna356_356">[356]</a> See C. R., April, 1871, and April, 1872. Bullock was
+accused of indorsing the bonds of three railroads contrary to law. In the
+case of two of these (the Cartersville and Van Wert, or Cherokee railroad,
+and the Bainbridge, Cuthbert and Columbus railroad) he refuted the charge
+beyond contradiction in his address to the public of 1872. In the case of
+the third (the Brunswick and Albany railroad) he admitted that he had
+indorsed bonds before the road had complied with the conditions required
+by law, but said that he did it for the public good. (B. A., pp. 39-41.)</p>
+
+<p><a name="f357_357" id="f357_357"></a><a href="#fna357_357">[357]</a> Atlanta <i>Constitution</i>, Jan. 3, 1878; Minutes of the Fulton
+County Superior Court, vol. N, p. 261.</p>
+
+<p><a name="f358_358" id="f358_358"></a><a href="#fna358_358">[358]</a> <i>Ibid.</i>, pp. 263, 273.</p>
+
+<p><a name="f359_359" id="f359_359"></a><a href="#fna359_359">[359]</a> Atlanta <i>New Era</i>, Oct. 31, 1871. Printed as an appendix to
+B. A.</p>
+
+<p><a name="f360_360" id="f360_360"></a><a href="#fna360_360">[360]</a> Appendix to B. L. (printed in K. K. R., vol. 7, p. 825).</p>
+
+<p><a name="f361_361" id="f361_361"></a><a href="#fna361_361">[361]</a> K. K. R., vol. 7, pp. 767 and 780.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><strong>Transcriber&#8217;s Notes:</strong></p>
+
+<p>Punctuation has been corrected without note.</p>
+
+<p>Other than the corrections noted by hover information, inconsistencies in
+spelling and hyphenation have been retained from the original.</p>
+
+<p>Footnote 141 appears on page <a href="#Page_51">51</a>, but there is no corresponding marker on the page.</p>
+
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
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+Project Gutenberg's The Reconstruction of Georgia, by Edwin C. Woolley
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Reconstruction of Georgia
+       Studies in History, Economics and Public Law, Vol. 13, No. 3, 1901
+
+Author: Edwin C. Woolley
+
+Release Date: March 12, 2011 [EBook #35559]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE RECONSTRUCTION OF GEORGIA ***
+
+
+
+
+Produced by Bryan Ness and the Online Distributed
+Proofreading Team at http://www.pgdp.net (This file was
+produced from images generously made available by The
+Internet Archive.)
+
+
+
+
+
+
+
+
+
+3
+
+THE RECONSTRUCTION OF GEORGIA
+
+
+
+
+  STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
+
+  EDITED BY THE FACULTY OF POLITICAL SCIENCE OF
+  COLUMBIA UNIVERSITY
+
+  VOLUME XIII]      [NUMBER 3
+
+
+  THE RECONSTRUCTION OF GEORGIA
+
+
+  BY EDWIN C. WOOLLEY, Ph.D.
+
+
+  New York
+  THE COLUMBIA UNIVERSITY PRESS
+  THE MACMILLAN COMPANY, AGENTS
+  LONDON: P. S. KING & SON
+  1901
+
+
+
+
+TABLE OF CONTENTS
+
+
+                                                              PAGE
+
+  CHAPTER I
+    Presidential Reconstruction                                  9
+
+  CHAPTER II
+    The Johnson Government                                      16
+
+  CHAPTER III
+    Congress and the Johnson Governments--The Reconstruction
+    Acts of 1867                                                24
+
+  CHAPTER IV
+    The Administrations of Pope and Meade                       38
+
+  CHAPTER V
+    The Supposed Restoration of 1868                            49
+
+  CHAPTER VI
+    The Expulsion of the Negroes from the Legislature and
+    the Uses to which this Event was applied                    56
+
+  CHAPTER VII
+    Congressional Action Regarding Georgia from December,
+    1868, to December, 1869                                     63
+
+  CHAPTER VIII
+    The Execution of the Act of December 22, 1869, and the
+    Final Restoration                                           72
+
+  CHAPTER IX
+    Reconstruction and the State Government                     87
+
+  CHAPTER X
+    Conclusion                                                 109
+
+    Bibliography                                               111
+
+
+
+
+LIST OF ABBREVIATIONS
+
+
+A. A. C. = American Annual Cyclopaedia.
+
+B. A. = Address of Bullock to the people of Georgia, a pamphlet dated
+1872.
+
+B. L. = Letter from Bullock to the chairman of the Ku Klux Committee,
+published in Atlanta in 1871.
+
+C. G. = Congressional Globe.
+
+C. R. = Report of the State Comptroller.
+
+E. D. = United States Executive Documents.
+
+E. M. = Executive Minutes (of Georgia).
+
+G. O. D. S. = General Orders issued in the Department of the South.
+
+G. O. H. = General Orders issued from the headquarters of the army.
+
+G. O. M. D. G. = General Orders issued in the Military District of
+Georgia.
+
+G. O. T. M. D. = General Orders issued in the Third Military District.
+
+H. J. = Journal of the Georgia House of Representatives.
+
+H. M. D. = United States House Miscellaneous Documents.
+
+J. C., 1865 = Journal of the Georgia Constitutional Convention of 1865.
+
+J. C., 1867-8 = Journal of the Georgia Constitutional Convention of
+1867-8.
+
+K. K. R. = Ku Klux Report (Report of the Joint Committee of Congress on
+the Conditions in the Late Insurrectionary States, submitted at the 2d
+session of the 42d Congress, 1872).
+
+M. C. U. = Milledgeville _Confederate Union_.
+
+M. F. U. = Milledgeville _Federal Union_.
+
+R. C. = Reports of Committees of the United States House of
+Representatives.
+
+R. S. W. = Report of the Secretary of War.
+
+S. D. = United States Senate Documents.
+
+S. J. = Journal of the Georgia Senate.
+
+S. L. = Session Laws of Georgia.
+
+S. R. = United States Senate Reports.
+
+S. O. M. D. G. = Special Orders issued in the Military District of
+Georgia.
+
+S. O. T. M. D. = Special Orders issued in the Third Military District.
+
+U. S. L. = United States Statutes at Large.
+
+
+
+
+CHAPTER I
+
+PRESIDENTIAL RECONSTRUCTION
+
+
+The question, what political disposition should be made of the Confederate
+States after the destruction of their military power, began to be
+prominent in public discussion in December, 1863. It was then that
+President Lincoln announced his policy upon the subject, which was to
+restore each state to its former position in the Union as soon as
+one-tenth of its population had taken the oath of allegiance prescribed in
+his amnesty proclamation and had organized a state government pledged to
+abolish slavery. This policy Lincoln applied to those states which were
+subdued by the federal forces during his administration, viz., Tennessee,
+Arkansas and Louisiana. When the remaining states of the Confederacy
+surrendered in 1865, President Johnson applied the same policy, with some
+modifications, to each of them (except Virginia, where he simply
+recognized the Pierpont government).
+
+Before this policy was put into operation, however, an effort was made by
+some of the leaders of the Confederacy to secure the restoration of those
+states to the Union without the reconstruction and the pledge required by
+the President. After the surrender of Lee's army (April 9, 1865), General
+J. E. Johnston, acting under the authority of Jefferson Davis and with the
+advice of Breckenridge, the Confederate Secretary of War, and Reagan, the
+Confederate Postmaster General, proposed to General Sherman the surrender
+of all the Confederate armies then in existence on certain conditions.
+Among these was the condition that the executive of the United States
+should recognize the lately hostile state governments upon the renewal by
+their officers of their oath of allegiance to the federal Constitution,
+and that the people of the states so recognized should be guaranteed, so
+far as this lay in the power of the executive, their political rights as
+defined by the federal Constitution. Sherman signed a convention with
+Johnston agreeing to these terms, on April 18. That he intended by the
+agreement to commit the federal government to any permanent policy is
+doubtful. But when the convention was communicated for ratification to his
+superiors at headquarters, they showed the most decided opposition to
+granting the terms proposed even temporarily. The convention was
+emphatically disavowed, and on April 26 Sherman had to content himself
+with the surrender of Johnston's army only, agreed to on purely military
+terms.[1]
+
+Georgia formed a part of the district under the command of General
+Johnston. As soon, therefore, as the news of the surrender could reach
+that state, hostilities there ceased. On May 3, Governor Brown issued a
+summons for a meeting of the state legislature to take place on May 22, in
+order that measures might be taken "to prevent anarchy, restore and
+preserve order, and save what [could be saved] of liberty and
+civilization."[2] At a time of general consternation, when military
+operations had displaced local government and closed the courts in many
+places, when the whole population was in want[3] through the devastation
+of the war or through the collapse of the Confederate currency which
+followed the collapse of the Confederate army,[4] the need of such
+measures was apparent.
+
+The calling of the legislature incurred the disapproval of the federal
+authorities for two reasons. First, they regarded it as an attempt to
+prepare for further hostilities, and they accordingly arrested Brown,
+carried him to Washington, and put him in prison.[5] Second, in any case,
+as the disavowal of the convention of April 18 had shown, they did not
+intend to allow the state governments of the South to resume their regular
+activities at once, and accordingly the commander of the Department of the
+South issued orders on May 15, declaring void the proclamation of Joseph
+E. Brown, "styling himself Governor of Georgia," and forbidding obedience
+thereto.[6]
+
+The federal army now took control of the entire state government.
+Detachments were stationed in all the principal towns and county seats,
+and the commanders sometimes removed the civil officers and appointed
+others, sometimes allowed them to remain, subject to their direction.
+Military orders were issued regarding a wide range of civil affairs, such
+as school administration, sanitary provisions, the regulation of trade,
+the fixing of prices at which commodities should be sold, etc.[7] The
+provost marshal's courts were further useful, to some extent, as
+substitutes for the state courts, whose operations were largely
+interrupted.[8] Directions to the officers of the Department admonished
+them that "the military authority should sustain, not assume the functions
+of, civil authority," except when the latter course was necessary to
+preserve the peace.[9] This admonition from headquarters, issued after the
+President's plan for reinstating Georgia in the Union had been put into
+operation, reflects his desire for a quick restoration of normal
+government.
+
+President Johnson announced his policy toward the seceded states in his
+proclamation of May 29, 1865, regarding North Carolina. By it a
+provisional governor was appointed for that state, with the duty of making
+the necessary arrangements for the meeting of a constitutional convention,
+to be composed of and elected by men who had taken the oath of allegiance
+prescribed by, the President's amnesty proclamation of the same date, and
+who were qualified voters according to the laws of the state in force
+before the war. The proclamation did not state what the President would
+require of the convention, but we may mention by way of anticipation that
+his requirements were the revocation of the ordinance of secession, the
+construction of a new state government in place of the rebel government,
+the repudiation of the rebel debt, and the abolition of slavery within the
+state. The provisional governor was further authorized to do whatever was
+"necessary and proper to enable [the] loyal people of the state of North
+Carolina to restore said state to its constitutional relations to the
+federal government."[10]
+
+For each of the states subdued in 1865, except Virginia, a provisional
+governor was appointed by a similar proclamation. On June 17, James
+Johnson, a citizen of Georgia, was appointed to the position in that
+state.[11] On July 13th, he issued a proclamation providing for the
+election of the convention. Delegates were distributed on the basis of the
+legislature of 1860; the first Wednesday in October was set for the
+election, and the fourth Wednesday in the same month for the meeting of
+the convention.[12] Next, the provisional governor undertook the task of
+securing popular support to the programme of restoration. To encourage
+subscription to the amnesty oath (a prerequisite to voting for delegates
+to the convention) he removed the disagreeable necessity of taking it
+before the military authorities by directing the ordinary and the clerk of
+the Superior Court of each county to administer it.[13] He made many
+speeches throughout the state urging the citizens to take the amnesty
+oath, to enter earnestly into the election of the convention, and to
+submit quietly to the conditions imposed by the President.
+
+His efforts were very successful. This was partly due to the place he held
+in public estimation. He was a lawyer widely known and universally
+respected. It was also partly due to the attitude of Governor Brown.
+Brown, after a confinement of several weeks in prison at Washington,
+secured an interview with President Johnson, and satisfied the President
+that his object in calling the legislature was simply public relief, that
+he had no intention to prolong the war, but calmly submitted to the fact
+that his side was defeated.[14] This explanation and the spirit displayed
+were so satisfactory to Johnson that Brown was released, and permitted to
+return to Georgia. His return, remarked Johnson, "can be turned to good
+account. He will at once go to work and do all he can in restoring the
+state."[15] This prediction proved correct. The war governor of Georgia
+became the type of those Secessionists who practised and counseled quiet
+acceptance of the terms imposed by the conqueror, as the most sensible and
+advantageous course. On June 29th he issued an address to the people of
+Georgia, resigning the governorship, and advising acquiescence in the
+abolition of slavery and active participation in the reorganization of the
+state government according to the President's wishes.[16] The assumption
+of this attitude by Brown grieved and offended some of his fellow
+Secessionists. But the majority shared his opinion. The provisional
+governor was welcomed, and his speeches approved on all sides.[17] The
+result was that the convention which met on October 25th was a body
+distinguished for the reputation and ability of its members.
+
+The convention was called to order by the provisional governor, and chose
+as permanent chairman Herschel V. Johnson.[18] Then a message from the
+provisional governor was read, suggesting certain measures of finance and
+other state business requiring immediate action, suggesting also certain
+alterations in the state judiciary, but especially pointing out the chief
+objects of the convention, viz., the passage of those acts requisite for
+the restoration of the state.[19] These measures the convention quickly
+proceeded to pass. On October 26th it repealed the ordinance of secession
+and the ordinance ratifying the Confederate constitution;[20] by paragraph
+20 of article I. of the new constitution it abolished slavery in the
+state; and on November 8th, the last day of the session, it declared the
+state debt contracted to aid the Confederacy void.[21] The convention
+provided for a general state election on the following November 15th, and
+to expedite complete restoration, anticipated the regular work of the
+legislature by creating congressional districts, in order that Georgia's
+representatives might be chosen at that election.[22]
+
+One thing now remained to be done before the President would withdraw
+federal power and leave the state to its own government, viz.,
+ratification of the Thirteenth Amendment. The legislature elected on
+November 15th assembled on December 4th.[23] The provisional governor,
+according to the President's directions,[24] laid the Thirteenth Amendment
+before it. The Amendment was ratified on December 9th.[25] After this the
+provisional governor was relieved, the governor elect was inaugurated
+(December 14th), and the President sent a courteous message of recognition
+to the latter.[26]
+
+Thus the President, having reconstructed the state government, had
+restored Georgia to statehood so far as its internal government was
+concerned. There remained only the admission of its representatives to
+Congress to complete the restoration.
+
+
+
+
+CHAPTER II
+
+THE JOHNSON GOVERNMENT
+
+
+From the conduct of the state governments formed in Georgia and the other
+southern states under the direction of President Johnson, the public
+opinion of the North drew conclusions regarding three things; the
+disposition of the people represented by those governments toward the
+emancipated slaves, their attitude toward the cause for which they had
+fought, and their feeling toward the power which had subdued them. This
+chapter treats the Johnson government of Georgia from the same points of
+view.
+
+Whatever may have been the prevailing disposition of the white people
+toward the slaves while slavery flourished, shortly before the close of
+the war that disposition was characterized by benevolence and gratitude.
+In spite of the opportunities of escape, and of plunder and other
+violence, offered by the times, the slaves had acted with singular
+faithfulness and devotion.[27] The gratitude of their masters even went so
+far as to propose plans for the general education of the negroes.[28]
+
+The close of the war and the advent of emancipation produced a change in
+the conduct of the negroes, which in time produced a change in the
+attitude of the white people. The negroes, from the talk which they heard
+and did not understand, and from their ignorant imaginations, conceived
+strange ideas of emancipation. They supposed it meant governmental
+bounty, idleness, and wealth. They abandoned their work, wandered about
+the country, collected in towns--in short, manifested a general
+restlessness and demoralization. This caused alarm and apprehension among
+the white people. There were other causes of friction between the two
+races. Many negroes, on discovering that they were free, assumed what are
+known as "airs;" and then as now, among things intolerable to a southern
+white man a "sassy nigger" held a curious pre-eminence. The airs of the
+negro and the wrath of the white man were both augmented by officious
+members of the Freedmen's Bureau. Moreover, because the negroes had gained
+by the humiliation of the South, they received a share of the venom of
+defeat. Another element of discord was furnished by a particular part of
+the white population, the so-called poor whites. These saw in the new
+_proteges_ of the United States not only a rival laboring class, but a
+menace to their social position, and hence assumed an attitude of jealousy
+and hatred. Such were the conditions favorable to social disturbance which
+followed emancipation. In the latter part of 1865 they had already begun
+to produce their natural result. Violent encounters between negroes and
+white men (in which the latter were almost always the aggressors) were
+noticeably frequent.[29]
+
+To this social demoralization was added economic distress and perplexity.
+The devastation of the war had fallen with especial severity upon Georgia.
+Worse still, the people seemed unable to repair the damage or to return to
+productive activity. Planters seemed unable to adapt themselves to the new
+economic conditions. Slavery, the system which they understood, was gone;
+they used the new system with little success, all the less because of the
+restlessness of the negroes.
+
+Such were the conditions and dangers with which the Johnson government had
+to deal as it best could. It was believed by northern statesmen that the
+situation would be mastered by enfranchising the negroes and investing
+them with a citizenship exactly equal to that of white persons.[30] The
+Georgia constitution of 1865 made it clear that the Georgia law-makers
+were not disciples of that school. That constitution confined the
+electoral franchise to "free white male citizens."[31] It ordered the
+legislature at its first session "to provide by law for the government of
+free persons of color," for "guarding them and the state against any evil
+that may arise from their sudden emancipation," and "for the regulation of
+their transactions with citizens;" also "to create county courts with
+jurisdiction in criminal cases excepted from the exclusive jurisdiction of
+the Superior [county] Court, and in civil cases whereto free persons of
+color may be parties," and to make rules "prescribing in what cases their
+testimony shall be admitted in the courts."[32]
+
+The legislation enacted in 1866 in the interest of the public peace and
+order consisted of--
+
+1. An apprentice law. By this it was made the duty of the judges of the
+county courts to bind out minors whose parents were dead or unable to
+support them as apprentices until the age of twenty-one. A master
+receiving an apprentice under this law was to teach him a trade, furnish
+him food, clothes, and medicine, teach him habits of industry, honesty,
+and morality, teach him to read the English language, and govern him with
+humanity. On default of any of these requirements a master was to be
+fined. The judge having charge of this law might, on application from an
+apprentice or an apprentice's friend, dissolve the contract on account of
+cruelty on the part of the master. An apprentice at the end of his term
+was entitled to an allowance from the master "with which to begin life."
+The amount was left to the master's generosity, but if he offered less
+than $100 the apprentice might complain to the court, which should then
+fix the amount.[33]
+
+2. A vagrancy law. Vagrancy was defined in the usual language of our
+criminal codes. The penalty was heavier than these usually provide,
+because the need of suppressing the vice was more urgent than usual. A
+vagrant might be fined or imprisoned at the discretion of the court, or
+sentenced to labor on the public works for not more than one year; or he
+might, at the discretion of the court "be bound out to some person for a
+time not more than one year, upon such valuable consideration as the court
+may prescribe."[34]
+
+3. Alterations in the penal laws. These alterations were of two
+contrasting kinds. The penalty for burglary in the night, arson, horse
+stealing and rape was changed from long imprisonment[35] to death,[36]
+which, however, might be in every case commuted to life imprisonment.[37]
+On the other hand, several hundred crimes, including all the species of
+larceny except that mentioned above, were reduced from felonies to
+misdemeanors, and the penalties from imprisonment in the penitentiary to
+fine, imprisonment in the county jail, or whipping, at the discretion of
+the court.[38] This mitigation of punishment was made in consideration of
+the negroes' ignorance of the nature of their offences, due to the fact
+that these had before been punished by their masters and not by the law.
+Probably the capacity of the penitentiary was also considered.
+
+To facilitate the transition from the old labor system to the new by
+remedying in some degree the instability of the labor supply, the
+legislature made it a crime to employ any servant during the term for
+which he had contracted to work for another, or to induce a servant to
+quit the service of an employer before the close of the period contracted
+for.[39]
+
+Regarding the civil rights and relations of the negroes the following
+legislation was passed:
+
+1. A law in these words:
+
+     That persons of color shall have the right to make and enforce
+     contracts; to sue, be sued; to be parties and give evidence; to
+     inherit; to purchase, lease, sell, hold and convey real and personal
+     property; and to have full and equal benefit of all laws and
+     proceedings for the security of person and estate; and shall not be
+     subject to any other or different punishment, pain or penalty for the
+     commission of any act or offence than such as are prescribed for
+     white persons committing like acts or offences.[40]
+
+2. A provision, implied in the law above quoted, that negroes were to be
+held competent witnesses in all courts in cases, civil or criminal,
+whereto persons of color should be parties.[41]
+
+3. Certain provisions for establishing among the negroes the regular
+relations between husband and wife, parent and child, in place of the
+irregular relations which had prevailed under slavery.[42]
+
+4. The prohibition of marriage between negroes and white persons.[43]
+
+This last provision, and also the exclusion of the testimony of negroes
+from cases whereto a colored person was not party, are of social rather
+than legal importance, since their effect was to separate the two races,
+but not to deprive the negroes of the equal protection and benefit of the
+law. They were like the school law, which provided that only "free white
+inhabitants of the state" were entitled to instruction in the public
+schools.[44]
+
+The Johnson government thus assigned to the negroes a position of
+political incapacity, social inferiority, but equality of civil rights.
+This plan was very remote from that in favor in the North, but it is not
+thereby condemned. As to the measures of the Johnson government for
+remedying industrial distress and guarding against social dangers, we
+search them in vain for the inhuman harshness to the negroes which they
+were reputed to embody. This legislation of Georgia was more favorable to
+the negroes than that of the other Johnson governments. But the North
+looked at the conquered South as a whole, and if the difference of the
+laws of Georgia from those of other states was noticed, it was quickly
+forgotten. To northern public opinion the scheme for the treatment of the
+negroes embodied in the Georgia laws, even if its mildness had been
+recognized, would have been a cause of indignation. This was the
+consummate hour of a humanitarian enthusiasm sprung from forty years of
+anti-slavery agitation, and now intensified by the passions of the war. In
+such an hour a plan which frankly denied to the negroes political and
+social equality was looked upon as an offence against justice and
+humanity. The Georgia law-makers had sought for a plan to meet immediate
+necessities, not a plan for the elevation of the black race. To demand
+that Georgia, stricken and menaced as she was, should pass by the needs of
+the present and enter upon a vague scheme of philanthropy, was
+unreasonable. It was just as unreasonable to conclude from the course
+which Georgia took, that the black race in Georgia would be forever held
+down, or that positive encouragement would be withheld as time went on.
+Nevertheless the public opinion of the North made this demand and drew
+these conclusions.
+
+Having stated the attitude of the Johnson government to the emancipated
+slave, we next come to its attitude toward the fallen Confederacy and
+toward the federal government. And with reference to this subject the
+following facts are to be noticed:
+
+1. Almost the first act of the constitutional convention was to vote a
+memorial to the President in behalf of Jefferson Davis.[45]
+
+2. The convention, instead of declaring that the ordinance of secession
+was an act of illegality and error, and was null and void, laconically
+declared it "repealed."[46]
+
+3. The convention anticipated the function of the legislature in order to
+provide pensions for the wounded Confederate soldiers and for widows of
+the dead.[47]
+
+Through the legislature Georgia showed herself equally frank in expressing
+affection and regret for the lost cause, and equally wanting in an
+attitude of humility to the federal government--or at least to the
+dominant party in Congress. On the recommendation of the governor she
+rejected the Fourteenth Amendment by an almost unanimous vote, largely
+because of the disabilities it imposed on the leaders of the
+Confederacy.[48] Instead of remaining a humbly silent spectator of the
+controversy between the President and Congress, she boldly thanked the
+President for his "regard for the constitutional rights of states," and
+for "the determined will that says to a still hostile faction of her
+recent foes, 'Thus far shalt thou go and no farther. Peace, be
+still.'"[49] She continued to provide for the unfortunate champions of
+the Confederacy, characterizing this action as "a holy and patriotic
+duty."[50] She extended expressions of "sincerest condolence and warmest
+sympathy" to the illustrious state prisoner, Jefferson Davis, declaring
+that her "warmest affections cluster[ed] around the fallen chief of a once
+dear but now abandoned cause."[51]
+
+These acts and resolutions expressed through the government the spirit
+which was found among the people by direct observers--a spirit of
+submission to irresistible force, in some cases sullen, in most cases
+unrepentant.[52] At that time the absence of that spirit would have been
+extraordinary. But the public opinion of the North regarded it not as the
+aftermath of war, which would soon pass, but as a spirit which, if left
+undisciplined, would break out in another war.
+
+This belief, and the belief that the negroes were destined by the southern
+governments to suffer injustice and debasement, and that the ballot was
+their only salvation, gave rise to two corresponding purposes--to chasten
+the rebellious spirit of the South, and to invest the negroes with the
+voting franchise by force. To destroy the state governments of the South
+and rebuild them on a basis of negro suffrage would accomplish both these
+purposes. This plan was also supported for the sake of a third purpose,
+viz., to secure for the Republican party the votes of the negroes. There
+were thus three classes of men bent on abolishing the Johnson government.
+We may call them the Disciplinarians, the Humanitarians, and the
+Republican Politicians.
+
+
+
+
+CHAPTER III
+
+CONGRESSIONAL DELIBERATIONS AND ACTIONS CONCERNING THE JOHNSON
+GOVERNMENTS, ENDING IN THE RECONSTRUCTION ACTS OF 1867
+
+
+When Congress met on December 4, 1865, President Johnson informed it of
+the measures he had taken for restoring the southern states and of the
+conditions he had required as necessary to restoration. He emphasized the
+requirement that the Thirteenth Amendment be ratified (which, as stated in
+Chapter I, was complied with in Georgia five days later).
+
+     It is not too much to ask [he said], in the name of the whole people,
+     that, on the one side, the plan of restoration shall proceed in
+     conformity with a willingness to cast the disorders of the past into
+     oblivion; and that, on the other, the evidence of sincerity in the
+     future maintenance of the Union shall be put beyond any doubt by the
+     ratification of the proposed amendment.... The amendment to the
+     Constitution being adopted, it would remain for the states ... to
+     resume their places in the two branches of the national
+     legislature.[53]
+
+That Congress was not entirely pleased with the President's course; that
+it did not agree with him considering the adoption of the Thirteenth
+Amendment, the most that could be asked of the southern states, and that
+it did not intend to give effect to his last suggestion, soon became
+apparent. In the Senate, on the day on which the President's message was
+read, Sumner offered resolutions to the effect that before the southern
+states should be admitted to representation in Congress they must
+enfranchise "all citizens," establish systems of education open to negroes
+equally with white people, and choose loyal persons for state and
+national offices.[54] The resolutions concluded: "That the states cannot
+be precipitated back to political power and independence, but they must
+wait until these conditions are in all respects fulfilled."[55]
+
+The House of Representatives, after organizing, immediately proposed to
+the Senate a joint committee to "inquire into the condition of the states
+which formed the so-called Confederate States of America, and report
+whether they, or any of them, are entitled to be represented in either
+house of Congress." The Senate accepted the proposal, and on December 13
+the committee was formed.[56]
+
+Five months passed before the committee reported. During that interval
+Congress took no action determining the question at issue. A vast number
+of bills and resolutions was introduced proposing various modes of
+treatment for the southern states and various theories regarding their
+status, which are interesting to the historian, but all of which fell by
+the way. The Freedmen's Bureau Bill, if it had become law during this
+period, would have implied that in the opinion of Congress the late
+Confederate States were simply territory of the United States and not
+states in the Union.[57] But this bill failed to be repassed over the
+President's veto.[58] The Civil Rights Bill, which became law on April 9,
+1866, made it a crime to discriminate against any person on account of his
+race or color under the alleged authority of any state law or custom, gave
+the federal judicial authorities power to arrest and punish any person
+guilty of this offense, and also gave the federal courts jurisdiction
+over any case before a state court in which such discrimination was
+attempted.[59] This law created entirely new relations between federal and
+state authority, but since it was passed as an act to enforce the
+Thirteenth Amendment,[60] and applied to all states alike, it committed
+Congress to no declaration regarding the status of the southern states.
+
+The joint committee made its long-expected report on April 30, 1866.[61] A
+great number of witnesses had been examined regarding conditions in the
+South, whose testimony fills a large volume and purports to be the basis
+of the committee's report. The committee thought that since the Johnson
+governments had been set up under the military authority of the President
+and were merely instruments through which he had exercised that power in
+governing conquered territory, they were not regular state governments.
+This belief was confirmed by the fact that the existing state
+constitutions had been framed by conventions acting under the constant
+direction of the President, and also by the fact that they had not been
+submitted to the people for adoption. The Johnson governments then were
+not state governments at all, and so could not send representatives to
+Congress.
+
+The committee appealed less to this constitutional argument than to
+arguments of policy. It was willing to grant the "profitless abstraction"
+that the southern states still remained states. The people of those states
+had waged war on the United States. Though subdued, they were defiant,
+disloyal, and abusive. They showed no disposition to abate their hatred
+for the Union or their affection for the Confederacy. To accord to such a
+people entire independence, taking no measures for security from future
+danger; to admit their representatives to Congress; to allow conquered
+enemies "to participate in making laws for their conquerors;" to turn over
+to the custody of recent enemies the treasury, the army, the whole
+administration--this would be madness unexampled.
+
+For these reasons the committee recommended a joint resolution and two
+bills. The resolution proposed an amendment to the Constitution forbidding
+any state to abridge the civil rights of citizens of the United States, or
+to deny to any person the equal protection of the laws, providing that a
+state which withheld the electoral franchise from negroes should suffer a
+deduction from its Congressional representation, and providing that until
+1870 all adherents to the Confederacy should be excluded from voting for
+members of Congress and for Presidential electors. The first of the two
+bills was to enact "that whenever the above recited amendment [should]
+have become a part of the Constitution of the United States, and any state
+lately in insurrection [should] have ratified the same, and [should] have
+modified its constitution and laws in accordance therewith," then its
+representatives might be admitted to Congress. The second bill was to make
+ineligible to office under the United States men who had been prominent in
+the service of the Confederacy.
+
+A minority of the committee took issue with the majority on both its legal
+and its political views. The states under consideration, said the
+minority, had never gone out of the Union; therefore, being states of the
+Union, Congress could not lawfully deprive them of their rights as states.
+That the Johnson governments were only the machinery of military
+occupation, set up by the conquering general, was denied.
+
+     We know [said the minority report] that [the southern states] have
+     governments completely organized, with legislative, executive, and
+     judicial functions. We know that they are now in successful
+     operation; no one within their limits questions their legality, or is
+     denied their protection. How they were formed, under what auspices
+     they were formed, are inquiries with which Congress has no concern.
+
+A state is under no restriction as to the mode of altering its
+constitution; if it chooses to receive assistance from the President, or
+any one else, the validity of the amended constitution is not affected.
+
+To the statement of the majority regarding the disposition of the southern
+people, the minority opposed the high authority of General Grant. In an
+official report he had said:
+
+     I am satisfied that the mass of thinking men of the South accept the
+     present situation of affairs in good faith.... [They] are in earnest
+     in wishing to do what they think is required by the government ...
+     and if such a course was pointed out they would pursue it in good
+     faith.
+
+The right way in which to deal with the southern people was, then, to
+conciliate them, as the President had tried to do, not to perpetuate their
+hostility.
+
+If Congress adopted the program recommended by the majority, said the
+minority, it would repudiate its own solemn declaration made in 1861,
+
+     that this war is not waged upon our part in any spirit of oppression,
+     nor purpose of overthrowing or interfering with the rights or
+     established institutions of those states, but to defend and maintain
+     the supremacy of the Constitution, and to preserve the Union, with
+     all the dignity, equality, and rights of the several states
+     unimpaired.[62]
+
+The proposed provisions regarding ineligibility would dishonor the
+government by annulling the pardons granted by the President. Further, the
+program contradicted itself, since it proposed to treat the southern
+communities as states, in submitting a constitutional amendment to them,
+while at the same time imposing on them conditions to which a state could
+not lawfully be subjected.
+
+After a debate of which these two opposing reports are a convenient
+summary, Congress adopted the program of the committee. The joint
+resolution, changed into a form embodying the present Fourteenth
+Amendment, was passed on June 13, 1866.[63] The two bills proposed were
+taken up, but Congress adjourned without bringing them to a final vote,
+leaving the South to be regulated during the recess by the Civil Rights
+Act, and by an act, passed over the President's veto on July 16, embodying
+in a less drastic form the provisions of the Freedmen's Bureau Bill which
+had failed in February.[64]
+
+When Congress met in December, 1866, the same voluminous mass of
+reconstruction proposals and declaratory resolutions appeared in both
+houses as at the last session. But the denunciation of the President and
+of the Johnson governments was more emphatic in these bills and
+resolutions, as well as in the debates. Sumner proposed a resolution to
+this effect:
+
+     That all proceedings with a view to reconstruction originating in
+     executive power are in the nature of usurpation; that this usurpation
+     becomes especially offensive when it sets aside the fundamental
+     truths of our institutions; that it is shocking to common sense when
+     it undertakes to derive new governments from the hostile populations
+     which have just been engaged in armed rebellion, and that all
+     governments having such origin are necessarily illegal and void.[65]
+
+Another resolution proposed that the committee of the House on territories
+be instructed to take steps for organizing the districts known as
+Virginia, North Carolina, etc., into states. Cullom said in a speech:
+
+     During the last session of this Congress we sent to the country a
+     proposed amendment to the Constitution.... The people of the rebel
+     states by their pretended legislatures are treating it with scorn and
+     contempt.... It is time, sir, that the people of the states were
+     informed in language not to be misunderstood that the people who
+     saved this country are going to reconstruct it in their own way, the
+     opposition of rebels to the contrary notwithstanding.[66]
+
+Another fact which appeared prominently in the speeches and resolutions of
+this session was the growing fear, real or assumed, that freedmen and
+loyal persons in the South were in mortal danger. Bills for their
+protection were introduced by the dozen.
+
+     Shall we shut our eyes [said a speaker] to the abuse and murders of
+     loyal men in the South, and the continued destruction of their
+     property by wicked men, and give them no means of protection?[67]
+
+Stevens exclaimed that the United States would be disgraced
+
+     unless Congress proceed[ed] at once to do something to protect these
+     people from the barbarians who [were] daily murdering them; who
+     [were] murdering the loyal whites daily, and daily putting into
+     secret graves not only hundreds but thousands of the colored
+     people.[68]
+
+At first the lower house resumed its consideration of the bills
+recommended at the last session by the joint committee. But early in
+February, 1867, these were dropped in favor of a new bill. This was the
+Reconstruction Bill which became law on March 2. It provided that the
+South should be divided into five districts, each to comprise the
+territory of one or more of the southern states. The President should
+assign to each district a military officer not below the rank of
+brigadier-general, and should detail for his use a sufficient military
+force. The duties of these officers should be "to protect all persons in
+their rights of person and property, to suppress insurrection, disorder
+and violence, and to punish, or cause to be punished, disturbers of the
+public peace and criminals." To this end they might either allow local
+courts to exercise their usual jurisdiction or organize special military
+courts, for the procedure of which a few general regulations were provided
+in the bill. Until the states should be by law restored to the Union, the
+governments existing in them were declared "provisional only, and in all
+respects subject to the paramount authority of the United States, at any
+time to abolish, modify, control or suspend the same."
+
+In section 5 of this bill were stated the conditions upon which the
+southern states might regain their places in the Union. In each of them a
+constitutional convention should be elected. For members of this
+convention all male "citizens" of the voting age should vote, except those
+excluded from office by the pending Fourteenth Amendment. These were
+forbidden to sit in the convention or to vote for delegates. The
+convention thus formed should frame a new constitution, which should give
+the franchise to all persons qualified to vote for delegates by the
+present bill. The constitution should be submitted to the people of the
+state for ratification, and to Congress for approval. When these should
+have been received, and when the legislature elected under the new
+constitution should have ratified the Fourteenth Amendment, then Congress
+should pass an act admitting the reconstructed state to Congressional
+representation, and the present law should cease to operate in that
+state.[69]
+
+The principle of this bill was the same as that of the reconstruction
+measures first undertaken at the suggestion of the joint committee, namely
+the punishment of an enemy. The debate in the House was opened by a
+felicitous quotation from Vattel on the public law applicable to the case
+of a conquered enemy.[70] The punishment here provided was, however, more
+severe than that first proposed. The former program was designed to offer
+to the states the alternative of adopting the Fourteenth Amendment or
+remaining out of the Union and under the Freedman's Bureau--which was,
+indeed, regarded as a very obnoxious alternative. But the present bill
+required them not only to ratify the amendment, but to adopt new
+constitutions, elect new governments, enfranchise the negroes, and
+disfranchise their most prominent and respected citizens; and meanwhile
+imposed upon them not simply a bureau, to interfere in individual cases,
+but the virtually absolute rule of a military governor.
+
+This bill was passed over Johnson's veto on March 2, 1867. On March 23 a
+supplementary act was passed, providing means for executing section 5 of
+the preceding act. The initiative in calling the constitutional
+conventions, instead of being left to the states, to be exercised or not,
+as they chose, was now assigned to the military governor. He, with the
+assistance of such boards of registry as he might create, was directed to
+register all persons qualified to vote for delegates. He should then fix
+the number of delegates and arrange the plan of representation, set the
+day for election and summon the convention.[71]
+
+A third reconstruction act was passed on July 19, 1867. It is unnecessary
+to discuss it, since it was only explanatory of the acts of March 2 and
+23, and added nothing which needs mention here to their provisions.[72]
+
+       *       *       *       *       *
+
+Were the Reconstruction Acts constitutional? Since the Supreme Court has
+failed, either voluntarily or otherwise, to decide every case brought
+before it depending upon this question,[73] reasoning is not rendered idle
+by authority. The Supreme Court has indeed expressed a definite opinion on
+the subject, but has given no decision.
+
+The opinion referred to was expressed in the case of Texas _versus_
+White.[74] The Court said:
+
+     These new relations [namely, those created by the civil war] imposed
+     new duties upon the United States. The first was that of suppressing
+     the rebellion. The next was that of re-establishing the broken
+     relations of the states with the Union. The authority for the
+     performance of the first had been found in the power to suppress
+     insurrection and to carry on war; for the performance of the second,
+     authority was derived from the obligation of the United States to
+     guarantee to every state a republican form of government.
+
+This the Court considered good authority for the passage of the
+Reconstruction Acts. Most of the advocates of the acts based them upon
+this theory.
+
+Now, upon that clause of Article IV., Section 4, of the Constitution which
+says: "The United States shall guarantee to every state in this Union a
+republican form of government," the _Federalist_ remarks:
+
+     It may possibly be asked whether [this clause] may not become a
+     pretext for alterations in the state governments without the
+     concurrence of the states themselves.... But the authority extends no
+     further than to a _guarantee_ [the _Federalist's_ italics] of a
+     republican form of government, which supposes a pre-existing
+     government of the form which is to be guaranteed.[75]
+
+The intention of the clause, says the _Federalist_ in the same paper, is
+simply to guard "against aristocratic or monarchic innovations." To one
+not interested in establishing the constitutionality of the Reconstruction
+Acts, it seems indisputable that the clause is rightly interpreted by the
+_Federalist_. Story accepts this interpretation as a matter of course.[76]
+Cooley groups the clause with that which forbids the states to grant
+titles of nobility.[77] If this interpretation is correct, then the
+guarantee clause gives no authority for destroying a state government of a
+republican form and substituting another.
+
+There is, however, a constitutional basis for the Reconstruction Acts. It
+is the war power of Congress.
+
+If a section of the people of a stale rebel against the government, the
+resulting contest is not a war, in the sense of international law. But as
+it may assume the physical character of a war, so it may call into
+existence the rights and customs incident to war. Upon this principle the
+federal government acquired the rights of war in the contest of
+1861-1865.[78] Now the rights of war do not end with military operations;
+one of these rights is the right of the victorious party, after an
+unconditional surrender, to occupy the territory of the defeated party, to
+govern or punish the people as it sees fit. If the United States
+government acquired the rights of war, this right was included. The close
+of a war is not simultaneous with the cessation of fighting. The surrender
+of the southern armies was an important incident in the civil war; it was
+not the end. If the federal government had the rights of war before this
+incident, it had them after.
+
+The United States government might therefore say to the persons composing
+the military power which it had subdued: As the terms of war, you are to
+be governed by military government. If the persons against whom this
+sentence is assumed to have been pronounced formed the majority of the
+population of a state, one result of the sentence would be to suspend
+independent state government. The United States government might choose
+another punishment. It might say to the lately hostile persons: We forbid
+you to participate in the federal government. If the persons so sentenced
+form the majority of the population of a state, that state can send no
+representatives to Congress while the sentence remains. These sentences
+might be imposed permanently or only until such time as the people
+sentenced should fulfil certain demands--hold certain conventions, pass
+certain laws, adopt certain resolutions in certain ways. The federal
+government can thus effect through its war powers what it cannot effect
+through any power to interfere directly with a state government. It had no
+right to reconstruct the government of Maine in 1865, because Maine had no
+body of people over whom the federal government could exercise war powers.
+It had the right to reconstruct the government of Georgia, because
+nine-tenths of the people of Georgia were lawfully at its mercy as a
+conqueror.
+
+Even if it be admitted, however, that the federal government had the power
+described, it may still be argued that the Reconstruction Acts are not
+legally justified. A conqueror has a right to govern a conquered people as
+he pleases and as long as he pleases; he also has a right to alter his
+mode of treatment and substitute another mode. But after he has imposed
+certain terms as final, after the requirements of these terms have been
+complied with, after he has restored the conquered people to their normal
+position and rights and has unmistakably terminated the relation of
+conqueror to conquered--then his rights of war are at an end. It may be
+argued that this was the case when the Reconstruction Acts were passed. It
+may be argued that in December, 1865, the federal government had, through
+the President, terminated its capacity as a conqueror, and could regain
+that capacity only by another war; that after that termination it had no
+more power to reconstruct Georgia than to reconstruct Maine.
+
+This argument is irrefutable if we assume that the President had full
+power to act for the federal government in the disposition of the defeated
+Secessionists, and that therefore his acts of 1865 were the acts of the
+federal government. In case of an international war, which is closed by a
+treaty, the President may (if supported by the Senate) act finally for the
+federal government, and estop that government (so far as international law
+is concerned) from further action. But at the close of a civil war he
+cannot exercise his diplomatic power. The disposition of the defeated
+people in this case falls to the legislative branch of the government.
+
+If the President had pardoned a great majority of the Secessionists, that
+fact perhaps might have legally estopped Congress from passing the
+Reconstruction Acts. These acts were a war punishment, and a pardon cuts
+off further punishment.[79] But the total number of persons who received
+amnesty under the proclamation of May 29, 1865, was 13,596,[80] which was
+of course only a small fraction of the Secessionist population.
+
+The passage of the Reconstruction Acts may thus be regarded, from a legal
+point of view, as simply the substitution of one method of treating the
+defeated enemy for another. The change was from mildness to harshness. It
+was doubly bitter to the defeated enemy, after he had been led to believe
+that his punishment was over, to be subjected to a worse one. But these
+are not legal considerations.
+
+That the Reconstruction Acts required communities not states to ratify a
+constitutional amendment did not affect their legality. That an amendment
+depended for its validity on such ratification might make the amendment
+void (though even from this result there is a means of escape in the
+theory of relation, to be mentioned later), but that would not affect the
+act requiring the ratification. That this requirement was not made with
+the exclusive purpose of obtaining votes for the passage of the amendment
+is shown by a resolution introduced into the House of Representatives on
+July 21, 1867, which reads:
+
+     _Resolved_, That in ratifying amendments to the Constitution of the
+     United States ... the said several states ... are wholly incapable
+     either of accepting or rejecting any such amendment so as to bind the
+     loyal states of the Union, ... and that when any amendment ... shall
+     be adopted by three-fourths of the states recognized by the Congress
+     as lawfully entitled to do so, ... the same shall become thereby a
+     part of the Constitution.[81]
+
+What virtues the Reconstruction Acts had besides legal regularity will be
+discussed later.
+
+
+
+
+CHAPTER IV
+
+THE ADMINISTRATIONS OF POPE AND MEADE
+
+
+In the Third Military District, of which Georgia was a part, the
+Reconstruction Acts were administered from April 1, 1867, to January 6,
+1868, by General Pope, and from January 6 to July 30, 1868, by General
+Meade.[82] The present chapter will describe, first, the manner in which
+these men conducted the political rebuilding of Georgia, and second, the
+manner in which they governed during this process.
+
+On April 8 Pope issued his first orders regarding the registration of
+voters. The three officers commanding respectively in the sub-districts of
+Georgia, Florida and Alabama were directed to divide the territory under
+them into registration districts, and for each of these to appoint a board
+of registry consisting as far as possible of civilians.[83] On May 2 the
+scheme of districts for Georgia was published. The state was divided into
+forty-four districts of three counties each, and three districts of a city
+each. For each district the names of two white registrars were announced,
+and each of these pairs was ordered to complete the board by selecting a
+negro colleague. The compensation of registrars was to be from fifteen
+cents to forty cents for every name registered, varying according to the
+density or sparseness of the population. It was made the duty of
+registrars to explain to those unused to the enjoyment of suffrage the
+nature of this function. After the lists were complete they were to be
+published for ten days.[84]
+
+The unsettled condition of the negro population suggested to Pope the
+possibility that many negroes would lose their right to vote by change of
+residence. He therefore ordered on August 15 that persons removing from
+the district where they were registered should be furnished by the board
+of registry with a certificate of registration, which should entitle them
+to vote anywhere in the state.[85]
+
+The election for deciding whether a constitutional convention should be
+held, and for choosing delegates in case the affirmative vote prevailed,
+was ordered to begin on October 29 and to continue three days. Registrars
+were ordered to revise their lists during the fortnight preceding the
+election, to erase names wrongly registered, and to add the names of
+persons entitled to be registered. The boards of registry were to act as
+judges of election, but registrars who were candidates for election were
+forbidden to serve in the districts where they sought election.[86]
+
+The election was to occupy the last three days of October. On October 30
+Pope extended the time to the night of November 2, in order to give the
+negroes ample opportunity to vote, which in their inexperience they might
+otherwise fail to do.[87]
+
+After the election the following figures were announced:[88]
+
+  Number of registered voters in Georgia      188,647
+  Of these the negroes numbered                93,457
+       "   the white men[89]                   95,214
+  Number of votes polled                      106,410
+    "       "     for a convention            102,283
+    "       "     against a convention          4,127
+
+The delegates elected were ordered to meet in convention on December
+9th.[90] On that day the convention met in Atlanta. Its business was not
+completed until the middle of March in the following year. The
+constitution which it framed more than met the demands of the
+Reconstruction Acts. A single citizenship was established for all
+residents of the state, in language borrowed from the Fourteenth Amendment
+to the federal Constitution.[91] Legislation on the subject of social
+status of citizens was forever prohibited.[92] The electoral right was
+given to all male persons born or naturalized in the United States who
+should have resided six months in Georgia.[93] Electors were privileged
+from arrest (except for treason, felony or breach of the peace) for five
+days before, during, and for two days after, elections, and the
+legislature was ordered to provide such other means for the protection of
+electors as might be necessary.[94] Other provisions presumably acceptable
+to northern sentiment were the prohibition of whipping as a penalty for
+crime,[95] and the command that the legislature should create a system of
+public schools free to all children of the state.[96]
+
+By an ordinance of the convention, made valid by being embodied in
+military orders, April 20, 1868, was appointed for the submission of the
+new constitution to popular vote, and also for the election of members of
+Congress and officers of the new state government.[97] This election
+resulted in the adoption of the constitution by a majority of 17,699
+votes, and in the election of a governor (Rufus B. Bullock by name), a
+legislature, and a full delegation to the lower house of Congress.[98] The
+remaining requirement of the Reconstruction Acts was that the new
+legislature convene and ratify the Fourteenth Amendment. This transaction
+will be reserved for the next chapter.
+
+       *       *       *       *       *
+
+General Pope was inspired by the ideas and emotions from which
+reconstruction had sprung. He was an ardent friend of the reconstruction
+measures. He was convinced of the importance of suppressing the old
+political leaders in his district. He held with enthusiasm the optimistic
+views prevalent in the North regarding the negroes. Their recent progress
+in "education and knowledge," he said, was "marvellous," and if continued,
+in five years the intelligence of the community would shift to the colored
+portion.[99] The purport of his orders, the didactic style in which they
+are couched, the declarations of his principles which frequently accompany
+these orders, indicate the spirit in which he administered the office of
+military governor.
+
+Most of the official acts of Pope concerned either the enforcement of
+obedience and the suppression of disobedience to the letter and spirit of
+the Reconstruction Acts, or the protection and promotion of the present
+interests of the freedmen.
+
+In assuming command he announced that in the absence of special orders all
+persons holding office under the state government would be permitted to
+retain their positions until the expiration of their terms. Their
+successors, however, were to be appointed by Pope alone; no elections
+should be held in the state except those required by Congress. The general
+expressed the hope that no necessity for interference in the regular
+operation of the state government would arise. It could arise, he said,
+only from the failure of state tribunals to do equal justice to all
+persons.[100] A few weeks later he announced that this necessity would
+also arise if any state officer interfered with or opposed the
+reconstruction measures; such an officer, it was "distinctly announced,"
+would be deposed.[101] Governor Jenkins, on April 10, had issued a letter
+to the public, advising them to abstain from registering and voting under
+the Reconstruction Acts. Pope had excused him with a lecture, and then
+issued the order referred to, to make clear that no more advice of that
+sort from state officers would be permitted.[102] Opposition to
+reconstruction by state officers was declared to include also the awarding
+of state printing to newspapers which opposed reconstruction, and it was
+ordered that thereafter the state's patronage should be given only to
+loyal papers.[103] Another measure to the same end was the order that no
+state court should entertain any action against any person for any acts
+done under the military authority.[104] But while opposition by state
+officers was thus dealt with, freedom of public opinion was emphatically
+declared. The declaration accompanied a public reprimand administered to
+the post commander at Mobile for interference with a newspaper.[105]
+
+The careful consideration for the needs of the freedmen shown in the
+general's method of forming the boards of registry, in his instructions to
+the registrars, in his provision of certificates of registration to
+migrating citizens, and in his extension of the time of election, has been
+pointed out. Of a similar character was the warning to employers that any
+attempt to prevent laborers from voting, or to influence their votes by
+docking wages, threats, or any other means, would be severely dealt
+with.[106]
+
+In his first general orders, as we have said, Pope warned the judiciary
+against racial prejudice. It was probably disregard of this warning which
+caused the removal of about a dozen judges, justices of the peace, and
+sheriffs.[107] In the interest of equal justice, Pope also ordered that
+grand and petit jurors should be selected impartially from the lists of
+voters registered under the Reconstruction Acts.[108] Besides this general
+protection, individual relief was given by release from arrest, mitigation
+of the conditions of confinement, reduction of fines, and other special
+dispensations.[109] The method of securing justice mentioned in the Act of
+March 2, 1867, namely by ordering the trial of cases by military
+commissions, was employed by Pope only once.[110]
+
+Such was the administration of Pope. Its influence on the _personnel_ of
+the state government was large, but was exercised only slightly through
+removal, chiefly through appointment to fill vacancies. Pope removed about
+fifteen state officers (almost all of whom were the judicial officers
+mentioned in the preceding paragraph). He filled about two hundred
+vacancies.[111] It is significant that a great number of these were caused
+by resignation. His acts of interference with the action of state officers
+were few, and with all his zeal for the success of reconstruction, he
+favored freedom of speech. Nevertheless, his opinions and his personal
+character, combined with such interference as he did practice, served to
+gain for him the dislike of the people and the rather unjust reputation of
+a petty tyrant.
+
+Though Meade lacked Pope's zealous enthusiasm for reconstruction, yet he
+held much the same opinion as his predecessor regarding the duties with
+which he was charged. Like Pope, he forbade the bestowal of public
+patronage on anti-reconstruction newspapers.[112] Like Pope, he thought
+it his duty to depose state officers who opposed the execution of the
+Reconstruction Acts. When he assumed command he found the convention at
+loggerheads with the governor and the state treasurer. The convention had
+levied a tax to pay its expenses, and pending the collection of it had
+directed the treasurer to advance forty thousand dollars.[113] The
+treasurer (Jones by name) declined to do this except on a warrant from the
+governor, according to the regular practice. Meade requested Jenkins to
+issue the warrant. Jenkins refused, on the ground that the act would
+violate the state constitution under which he held office, and that even
+if it were authorized by the Reconstruction Acts (which he denied), that
+was an authorization contrary to the Constitution of the United States,
+upon which he would not act.[114] Thereupon, on January 13, 1868, Meade
+issued an order by which the governor (designated as the "provisional
+governor") and the treasurer (also designated as "provisional") were
+removed and Brigadier-General Ruger and Captain Rockwell "detailed" to act
+as governor and treasurer respectively.[115] For this act the convention
+rewarded Meade with a resolution of gratitude.[116] Before the end of the
+same month the state comptroller and the secretary of state were also
+removed for obstructing reconstruction,[117] and later the mayor and the
+entire board of aldermen of Columbus shared the same fate.[118]
+
+Toward the freedmen General Meade assumed the attitude of his predecessor.
+He made similar rules to protect them, in voting, from coercion by
+employers.[119] On the other hand, observing that too frequent enticement
+of negroes to political meetings was disturbing industry, he announced
+that interference of this sort with the rights of employers by political
+agitators would meet with the same punishment as interference with the
+rights of freedmen.[120]
+
+Besides following the two policies of suppressing resistance and
+protecting freedmen, Meade used his power to a great extent simply in the
+interest of the general welfare. Public peace and order seemed threatened
+on the eve of the April election. Orders issued on April 4 expressed the
+belief that there existed a concerted plan, extending widely through the
+Third District and apparently emanating from a secret organization, to
+overawe the population and affect elections. Both military and civil
+officers were ordered to arrest publishers of incendiary articles and to
+organize special patrols.[121] Troops were distributed so as to command
+the parts chiefly in danger,[122] and the frequent resignation of office
+by sheriffs occasioned the order that no more resignations would be
+permitted, but that the sheriffs must retain their offices and execute the
+law.[123] By way of benevolent despotism, Meade, at the request of the
+convention, suspended the operation of the bail process and of the writ of
+_capias satisfaciendum_, and promulgated the provisions of the new
+constitution for the relief of debtors until the constitution should
+become law.[124] Likewise he gave special orders in eight or ten cases
+suspending trails, releasing prisoners, and otherwise preventing hardship
+or failure of justice. Whereas Pope had convened one military court, Meade
+convened six,[125] and before these thirty two cases were tried. Meade
+appointed about seventy state officers and removed about twenty.
+
+These facts show that the two administrations we are considering were
+alike in policy, and that in action Meade's was the more vigorous.
+Nevertheless, while Pope was disliked, Meade, thanks to a more attractive
+character, enjoyed a certain popularity.
+
+       *       *       *       *       *
+
+Such was the process by which the Disciplinarians, the Humanitarians, and
+the Republican Politicians hoped to gain their respective purposes. What
+were the results of the process by the end of the administration of Meade?
+
+For the Disciplinarians they were not encouraging. Military government was
+received not as discipline but as bullying. The spirit which
+reconstruction was designed to quell was only embittered; for to those who
+entertained it reconstruction was not the chastening of the nation, but
+the domineering of a political party, which it was hoped and believed
+would soon lose its ascendency.[126]
+
+For the Humanitarians reconstruction had produced written laws regarding
+equality of civil and political rights, which were deemed a subject of
+congratulation. Outside the laws they would have found less encouragement.
+The kindness of the white people toward the negroes had been changed to
+apprehension by the events of 1865. When the advent of negro suffrage
+brought the carpet-baggers to the South to marshal the negro voters for
+their own benefit, and when these men began to disturb the negroes by
+organizing them into mysterious Union Leagues and giving them
+indigestible ideas of their rights, apprehension became alarm. Negroes
+seized property of all kinds--including even plantations--by violence,
+supposing this to be one of their new rights. Already they had raised a
+new terror by crimes against white women, hitherto unknown. Some
+thoughtful men believed that the best defence against the dangers
+apprehended from the disturbed black population was kindness and friendly
+influence.[127] That opinion was not heard after the arrival of the
+carpet-baggers; its methods were then seen to be inadequate. Secret
+organizations were formed by white men for protection against the negroes.
+These organizations, which sowed the seed of a subsequent harvest of
+crime, at first included men of the best character and of the highest
+standing.[128] Thus reconstruction, together with its written laws, had
+produced conditions which made the net Humanitarian results doubtful, at
+least for the moment.
+
+For the Republican Politicians reconstruction did not produce in Georgia
+all that was to be desired. When the enterprise was first launched some of
+the white men, though offended, favored accepting the inevitable and
+endeavoring to elect good men to the constitutional convention and to the
+new state government.[129] Others, carried further by their anger,
+determined to take no part in elevating the negroes and debasing their
+heroes. Prominent among these, as we have said, was Governor Jenkins.
+These men stayed at home on October 29, 1867, contemptuously ignoring the
+"bogus concern called an election," which occurred on that day.[130] Many
+of these latter, by the time the "motley crew assembled at Atlanta" had
+finished its labors, decided to follow the example of the former. A
+convention met at Macon on December 5, 1867, formed a party, the Georgia
+Conservatives, named a ticket, with John B. Gordon at the head, and began
+a powerful campaign for the defeat of negroes and adventurers at the April
+election.[131] To make an active fight was recognized as a better course
+than to stand in ineffectual scorn.[132] As a result the sweeping victory
+expected by the Republican Politicians did not occur in Georgia. A
+Republican governor was elected; but in the state senate the seats were
+equally divided between the Republicans and the Conservatives, in the
+state house of representatives the Conservatives obtained a large
+majority, and of the seven Congressmen elected three were
+Conservatives.[133]
+
+
+
+
+CHAPTER V
+
+THE SUPPOSED RESTORATION OF 1868
+
+
+The passage of the Reconstruction Acts of 1867 determined the course of
+reconstruction, but did not stop discussion. When Congress met in
+December, 1867, the acts passed continued to be attacked and defended and
+new bills to be introduced and dropped. But the plan as adopted remained
+untouched, with one exception.
+
+One of the reasons given by the joint committee on reconstruction for
+abolishing the Johnson governments was that the Johnson constitutions had
+not been ratified by popular vote, and therefore did not rest upon the
+consent of a majority of the people. To avoid a like defect in the new
+governments the act of March 23 had provided that the new constitutions
+should be regarded as adopted only if a majority of the registered voters
+took part in the vote on the question of adoption. At its next session
+Congress repented of this provision; it was now seen to involve the risk
+that the opponents of reconstruction in the southern states would defeat
+the new constitutions by the plan of inaction. This risk should be
+avoided, since the adoption of a state constitution probably meant the
+election of a Republican state government, and hence of Republican
+Senators, as well as Republican Congressional Representatives and
+Republican Presidential Electors in November, 1868. These advantages would
+be lost if the new constitutions were defeated. Therefore, by an act which
+became law on March 11, 1868, the reconstruction legislation was amended
+so as to provide that elections held under that legislation should be
+decided by a majority of the votes cast. This act also adopted as part of
+the general scheme two expedients already employed by Pope in the Third
+District. That is to say, it provided that any registered voter might vote
+in any election district in his state, provided he had lived there ten
+days, and that the elections should be "continued from day to day."[134]
+
+Aside from these alterations, Congress allowed reconstruction to complete
+its course according to the first plan. Within the first six months of
+1868 North Carolina, South Carolina, Louisiana and Florida, besides
+Georgia, had adopted new constitutions. According to the Act of March 2,
+1867, two more steps would complete the process for these states; namely,
+the ratification by their legislatures of the Fourteenth Amendment, and
+the declaration "by law" (provided Congress approved the constitutions)
+that they were entitled to representation in Congress.[135] Congress now
+decided, instead of waiting for the ratification of the amendment, to pass
+the declaratory law at once, which should operate as soon as the
+ratification should have occurred. By this method one act would suffice
+for all the states which had adopted constitutions.
+
+The bill for this purpose was called the Omnibus Bill. It provided that
+North Carolina, South Carolina, Georgia, Florida, Louisiana, and also
+Alabama,[136] should be admitted to representation in Congress as soon as
+their legislatures elected under the new constitution should have ratified
+the Fourteenth Amendment, on condition that the provisions of that
+amendment regarding eligibility to office should at once go into
+operation in those states, and on condition that the constitution of none
+of them should ever be amended so as to deprive of the right to vote any
+citizens entitled to that right as the constitutions then stood. A special
+condition was imposed on Georgia; namely, that Article V., section 17, Sec.Sec.
+1 and 3 of her constitution be declared void by the legislature. A
+precedent for such a requirement was found in the act of 1821, admitting
+Missouri to statehood.[137] The bill gave the governors-elect in the
+states concerned authority to call the legislatures immediately to fulfill
+the required conditions.[138]
+
+The Omnibus Bill became law on June 25, 1868. On the same day Rufus B.
+Bullock, the governor-elect of Georgia, issued a proclamation in
+accordance with the act, summoning the legislature to meet on July
+4th.[139]
+
+Now, the Reconstruction Act of July 10th, 1867, had provided as follows:
+
+     All persons hereafter elected or appointed to office in said military
+     districts, under any so-called state or municipal authority, or by
+     detail or appointment of the district commanders, shall be required
+     to take ... the oath of office prescribed by law for officers of the
+     United States.[140]
+
+On April 15th Meade had announced that in accordance with this provision
+the members of the legislature to be elected on April 20th would be
+required to subscribe to the Test Oath. But he was later advised from
+headquarters, and by certain prominent members of Congress, that the
+persons contemplated by the act of July 19, 1867, were those elected under
+the Johnson government, not under the new government; and that therefore
+the men elected on April 20th were not "officers elected under any
+so-called state authority" in the sense of the act of July 19th. The
+eligibility of these men, he was told, was to be determined by the
+provisions of the new constitution and by the Fourteenth Amendment, and
+they were not required to take the Test Oath.[142] Meade therefore did not
+enforce his order. But though the new government was exempt from this one
+requirement of the Reconstruction Acts, it was subject to the provision
+which said:
+
+     ... until the people of said rebel states shall be by law admitted to
+     representation in the Congress of the United States, any civil
+     government which may exist therein shall be deemed provisional only,
+     and in all respects subject to the paramount authority of the United
+     States.
+
+Over the new state government, as over the old, Meade would exercise the
+powers of a district commander until the legislature by complying with the
+requirements of the Omnibus Act, should have made that act operative.
+
+On June 28 Meade relieved General Ruger of the office of governor and
+appointed in his place the governor-elect, Bullock, whom he directed to
+organize the legislature on July 4.[143] When the legislature met on that
+day, therefore, Bullock called each house to order in turn, and under his
+direction as chairman the members were sworn in (by the official oath
+prescribed in the state constitution), and the presiding officers elected.
+
+On July 7 the legislature informed the governor that it was organized and
+ready to proceed to business. Bullock, instead of replying, wrote to
+Meade, stating that it was alleged that a number of men seated in the
+legislature were ineligible to office according to the proposed Fourteenth
+Amendment, and hence were disqualified from holding their seats by the
+Omnibus Act.[144] Meade replied on July 8 that the allegation was serious,
+and that he would not recognize as valid any act of the legislature until
+satisfactory evidence should be presented that the legislature contained
+no member who would be disqualified from office by the Fourteenth
+Amendment.[145] Bullock sent Meade's letter to the legislature, and both
+houses appointed committees to investigate the eligibility of every
+member. These committees reported on July 17. The senate committee
+reported that no senators were ineligible. A minority of the committee
+found, on evidence detailed in its report, that four were ineligible.
+After much debate the majority report was adopted.[146] The house
+committee reported that two representatives were ineligible. A minority
+report found three ineligible. A second minority report found that none
+were ineligible. The last was adopted.[147]
+
+The conclusions of the two houses may be regarded, in view of these
+proceedings, with some just suspicion. Bullock in informing Meade of them
+expressed the opinion that the legislature had failed to furnish the
+"satisfactory evidence" upon which Meade had conditioned his
+recognition.[148] If Meade had desired to know the exact truth, he might
+well have accepted Bullock's advice and ignored the reports, investigated
+the records of the legislators himself, and excluded those whom he found
+ineligible. But Meade desired only to see that the acts of Congress were
+complied with. "Satisfactory evidence" was evidence not logically, but
+formally satisfactory. Meade followed the established principle that
+legislative bodies are the final judges of the eligibility of their
+members. He considered the statement of the legislature that its members
+were all eligible formally satisfactory evidence that the acts of Congress
+were obeyed. Having this evidence, he refused to interfere further. His
+decision was influenced partly by reluctance to interfere more than was
+necessary, and partly by aversion to aiding Bullock to gain a party
+advantage, which he alleged to be the governor's chief motive in urging
+the rejection of the reports.[149] He acted with the approval of the
+general of the army.[150]
+
+He notified the governor that the legislature was legally organized from
+the date of the adoption of the reports (July 17).[151] Bullock
+transmitted this message to the legislature on July 21. On that day both
+houses ratified the Fourteenth Amendment and declared void the sections of
+the constitution required to be so declared by the Omnibus Act.[152]
+
+As soon as the legislature had performed these acts Georgia was,
+presumably, according to the acts of Congress, a state of the Union. On
+July 22 Meade directed all state officers holding by military appointment
+to turn over their offices to those elected or appointed under the new
+government.[153] On July 28 orders issued from the headquarters of the
+army stating that the general commanding in the Third Military District
+had ceased to exercise authority under the Reconstruction Acts, and that
+Georgia, Florida and Alabama no longer constituted a military district,
+but should henceforth constitute an ordinary military circumscription--the
+Department of the South.[154] On July 22 Bullock, who had up to that time
+been governor by military appointment, was inaugurated in the regular
+manner and became governor under the state constitution.[155] On July 25,
+the seven congressmen-elect from Georgia were seated in the House of
+Representatives.[156] The Georgia Senators would doubtless have been
+seated at this time if they had arrived before the close of the session;
+but they were elected by the legislature on July 29,[157] two days after
+Congress adjourned.[158] In view of Georgia's compliance with the
+Reconstruction Acts and the Omnibus Act, and in view of the various
+official recognitions that that compliance was complete, there could now
+be no doubt that her reconstruction was accomplished and her statehood
+regained.
+
+
+
+
+CHAPTER VI
+
+THE EXPULSION OF THE NEGROES FROM THE LEGISLATURE AND THE USES TO WHICH
+THIS EVENT WAS APPLIED
+
+
+When the Georgia Republicans, or Radicals, as they were locally called,
+found that instead of a sweeping victory they had won only a governorship
+hemmed in by a hostile legislature, an effort was made, as we have said,
+to improve their position through the interference of Meade. Meade refused
+to aid them. When, a short time afterwards, federal power, on which they
+had hitherto relied, was completely withdrawn, they seemed left to make
+the best of an uncomfortable position without any assistance. At this
+point a god appeared from the machine.
+
+In the state senate there were three negroes, in the lower house
+twenty-five.[159] Their presence was an offense. It was an offense not
+merely to the Conservative members. Some of the Republicans entertained
+Conservative sentiments and principles, but supported reconstruction
+simply in order to hasten the liberation of the state from Congressional
+interference.[160] To them as well as to the Conservatives "negro rule"
+was obnoxious. Negro rule, so far as it consisted in negro suffrage, was
+established by the constitution. But negro office-holding was not so
+established expressly. As early as July 25, 1868, the question, whether
+negroes were eligible to the legislature, was raised in the state
+senate.[161]
+
+Legally considered, the question had two sides, each supported by eminent
+lawyers. For the negroes it was argued that Irwin's Code, which was made
+part of the law of the state by the constitution,[162] enumerated among
+the rights of citizens the right to hold office.[163] Negroes were made
+citizens of equal rights with all other citizens by the new
+constitution.[164] Therefore they had the right to hold office. It was
+true that the constitution did not grant the right to hold office to the
+negroes expressly, as it granted the right to vote; but in view of the
+fact that the convention which made the constitution was elected by 25,000
+white and 85,000 colored men, and that that constitution was adopted by
+35,000 white and 70,000 colored men, it would be absurd to suppose that
+the intent of that instrument was to withhold office from the
+negroes.[165] On the other side, it was argued that the right to hold
+office did not belong to every citizen, but only to such citizens as the
+law specially designated, or to such as possessed it by common law or
+custom. Irwin's Code could not be cited to prove that negroes had the
+right, because that law had been enacted before the negroes had been made
+citizens, and the word _citizens_ in it referred to those who were
+citizens at that time. As the negro had no right to hold office because he
+was a citizen, and as he could not claim the right from common law or
+custom, he could obtain it only by specific grant of law. There was no
+such grant. The argument for the negro was made by the Supreme Court of
+the state in 1869, the opposing argument by one of the justices of that
+court in a dissenting opinion.[166]
+
+Such were the legal aspects of the question, which were of course less
+important than the political and the emotional aspects. The legislature
+passed upon the issue in the early part of September, 1868, by declaring
+all the colored members ineligible, and admitting to the vacated seats the
+candidates who had received respectively the next highest number of
+votes.[167] If there was some legal ground for unseating the negroes,
+there was none for seating the minority candidates. It was done on the
+authority of the clause in Irwin's Code which said:
+
+     If at any popular election to fill any office the person elected is
+     ineligible, ... the person having the next highest number of votes,
+     who is eligible, whenever a plurality elects, shall be declared
+     elected.[168]
+
+But this clause is found under the title "Of the Executive Department,"
+and under the sub-head "Regulations as to All Executive Offices and
+Officers." Under the next title "Of the Legislative Department," there is
+no such provision.
+
+For a legislature to unseat some of the elected members because on not
+untenable legal grounds it finds them ineligible, is not unusual. But the
+act of the Georgia legislature could not, under the circumstances, be
+regarded in the ordinary way. It showed strong racial prejudice. It was a
+startling breach of the system which reconstruction had been designed to
+institute, committed the very moment after the federal government withdrew
+its hand. It fixed on Georgia at once the earnest and unfavorable
+attention of northern public opinion. This fact enabled the Georgia
+Republicans to bring the federal government again to their assistance.
+
+Their leader, Governor Bullock, at the next session of Congress (December,
+1868), presented a letter to the Senate, saying that Georgia had not yet
+been admitted to the Union. She had not been admitted by the Omnibus Act,
+for that act provided that she should be admitted when certain things had
+been done, and those things had not been done. By the Reconstruction Act
+of July 19, 1867, all persons elected in Georgia were required to take the
+Test Oath. The members of the present legislature had never taken it.
+Therefore the action which that body had taken on July 21st, regarding the
+Fourteenth Amendment, was not a ratification by a legislature formed
+according to the Reconstruction Acts; it was simply a ratification by a
+body which called itself the legislature. Hence the Omnibus Act had not
+yet gone into effect as to Georgia, and Georgia was not yet entitled to
+representation in Congress.[169]
+
+If this argument was valid in the winter of 1868, it must also have been
+valid in the preceding summer. Yet in July Bullock had made no objection
+to being inaugurated as governor of Georgia, on the ground that Georgia
+had not become a state. He had not refused on that ground to issue on
+September 10th a commission to Joshua Hill, reciting that he had been
+regularly elected to the Senate of the United States by the legislature of
+the state, and signed "Rufus B. Bullock, governor."[170] The argument was
+an afterthought, not advanced until the expulsion of the negroes created a
+favorable opportunity for a hearing. It conflicted with the declarations
+and acts of the military authorities, and of the House of Representatives,
+but the sentiment aroused by the expulsion of the negroes was considered
+strong enough to sustain a repudiation of those declarations and acts.
+
+Direct appeal to this sentiment was the auxiliary to the above argument.
+Bullock's letter to the Senate was accompanied by a memorial from a
+convention of colored men held at Macon in October. It said that there
+existed in Georgia a spirit of hatred toward the negroes and their
+friends, which resulted in the persecution, political repression,
+terrorizing, outrage and murder of the negroes, in the burning of their
+schools, and in the slander, ostracism and abuse of their teachers and
+political friends. Of this the act of the legislature was an instance and
+an evidence. The aid of the federal government was implored.[171]
+
+Similar charges had been made, it will be remembered, in the debates of
+1866 and 1867. Now, however, they began to be urged with an earnestness
+and persistence altogether new. So conspicuous is this fact in the debates
+in Congress that a southern writer ironically remarks: "From this time
+forth the entire white race of the South devoted itself to the killing of
+negroes."[172] The rest of this chapter will be devoted to considering how
+much truth there was in the reported abuse of negroes and "loyal" persons.
+
+We stated in Chapter II. that after the war a bitter jealousy and
+animosity toward the negroes arose among the lower class of the white
+population, and in Chapter IV. that the restless conduct of the negroes
+under the influences of reconstruction filled the upper class with such
+alarm that they formed secret organizations in self-defence. This
+practice, at first supported and led by good men of the higher class,
+simply for defence, soon fell into the hands of the poor white class, the
+criminal class, and the turbulent and discontented young men of all
+classes, and became an instrument of revenge, crime and oppression. The
+change, however, was not a complete transformation. A great deal of the
+whipping inflicted upon negroes was _bona fide_ chastisement for actual
+misdemeanors. This mode of punishment was the natural product of the
+transition from the old social conditions, when the negroes were
+disciplined by their masters, to the new conditions.[173] But besides
+these acts of correction many outrages were committed upon negroes, and
+also upon white men, simply from malice or vengeance, or other private
+motive.[174] These outrages included some homicides.[175] The testimony of
+credible contemporaries belonging to both political parties agrees that
+the Ku Klux Klan and similar organizations were used only to a very small
+extent for political purposes.[176]
+
+How many of these corrective or purely vicious acts were perpetrated upon
+negroes? Democrats of that time commonly said that the number was
+insignificant, that the peace was as well kept in Georgia as in any
+northern state, and that statements to the contrary were invented for
+political purposes.[177] The number was, indeed, greatly exaggerated by
+Republicans, as some of the Republicans themselves admitted.[178] Making
+allowance for the warping of the truth in both directions, and considering
+the statements of the moderate Republicans,[179] and the admissions of
+some of the Democrats,[180] remembering also the recent disbandment of the
+army and the disturbed conditions of society, we must conclude that the
+attacks on negroes, made by disguised bands and otherwise, were very
+numerous.
+
+The friends of the negroes also fared badly. Philanthropic women who came
+from the North to teach in the negro schools were almost invariably
+treated with contempt and avoided by the white people.[181] This was due
+partly to the lingering bitterness of the war and partly to the connection
+of the negro schools with the Freedmen's Bureau. This institution, the
+office of which was to set up strangers, from a recently hostile country,
+to instruct the southern people in their private affairs, was in itself
+odious. It was rendered more odious by the want of intelligence and tact,
+and even of honesty, which is said to have frequently characterized its
+officers. That the hatred thus aroused should be visited upon true
+philanthropists who were connected with the Bureau was unfortunate, but
+inevitable. As for the political friends of the negroes, the "loyal" men,
+or in other words the white men who supported reconstruction, they were
+habitually treated by the Conservative press and by Conservative speakers
+with violent invective. Conservative editors and orators neither engaged
+in nor recommended the slaughter or outrage of Radicals, but by
+continually voicing furious sentiments, they furnished encouragement to
+action of that sort by men of less intelligence and self-control.[182]
+
+The accounts of lawlessness and persecution in Georgia, though
+exaggerated, undoubtedly had a substantial foundation. Whether this fact
+was a good argument for renewed interference in the state government by
+Congress is another question.
+
+
+
+
+CHAPTER VII
+
+CONGRESSIONAL ACTION REGARDING GEORGIA FROM DECEMBER, 1868, TO DECEMBER,
+1869
+
+
+On December 7, 1868, the credentials of Joshua Hill, one of the Senators
+elected by the Georgia legislature in the previous July, were presented in
+the United States Senate. Immediately the letter of Governor Bullock and
+the memorial of the negro convention were also presented. These documents,
+seconded by a speech from a Senator dwelling on the fact that Georgia was
+under "rebel control," secured the reference of Hill's credentials to the
+committee on the judiciary.[183] This committee on January 25, 1869,
+recommended that Hill be not admitted to the Senate.[184]
+
+The reason for this recommendation, said the committee's report, was that
+Georgia had failed to comply with the requirements of the Omnibus Act, and
+so was not yet entitled to representation in Congress. The failure here
+referred to was not that alleged by Bullock--that the members of the
+legislature had not taken the Test Oath--but the failure of the two houses
+to exclude persons disqualified by the Fourteenth Amendment. The Omnibus
+Act had provided that Georgia should be entitled to representation in
+Congress when her legislature had "_duly_" ratified the Fourteenth
+Amendment. The word _duly_ meant _in a certain manner_--namely, the manner
+required by the rest of the act. The failure to exclude the disqualified
+members was a departure from this manner.
+
+We saw in Chapter V. that each of the committees appointed by the Georgia
+legislature in July to investigate the eligibility of members was divided,
+that both houses voted that all were eligible in the face of detailed
+evidence to the contrary, that the decision of the lower house
+contradicted the majority of its committee, and that Meade accepted the
+decision rather for the sake of convenience and finality than because it
+was indisputably correct. On these facts and on some independent
+investigation the Senate judiciary committee based its belief that the
+legislature had failed to obey the Omnibus Act in this respect.
+
+Trumbull, of this committee, submitted a minority report. He admitted that
+the decision of the legislature may have been incorrect. But he protested
+that if the United States government intended to regard the presence of
+half a dozen ineligible members in a body of two hundred and nineteen as
+entirely vitiating the action of the legislature, it should have taken
+this stand at first. If at first it had, through its representative,
+Meade, overlooked the irregularity as a trifle, it seemed only just to
+continue to overlook it, and not to make it now the occasion for
+augmenting the turmoil in the state by fresh interference.
+
+But the majority rejoined that there were very good reasons for not
+overlooking the irregularity. It was not a mere trifling departure from
+the letter of the act of Congress, it was a violation of the spirit of
+that act. "The obvious design" of the Omnibus Act "was to prevent the new
+organization from falling under the control of enemies of the United
+States." The expulsion of the negroes showed that that design had been
+frustrated and that the government was under "rebel control;" it showed a
+"common purpose to ... resist the authority of the United States."
+Moreover, the "disorganized condition of society" in the state made it
+necessary for the federal government to intervene again in Georgia, not
+only to vindicate its law, but to preserve order.
+
+The protest of Trumbull is significant as an early sign of the growth
+within the Republican party of an opposition to the prolongation of
+Congressional interference with the southern state governments.
+
+The report of the judiciary committee was not acted upon, and thus the
+Senate avoided a categorical decision. But Hill was not admitted. A number
+of bills relating to Georgia were introduced; a bill "to carry out the
+Reconstruction Acts in Georgia" by Sumner,[185] a bill to repeal the act
+of June 25, 1868, in so far as it admitted Georgia, and to provide for a
+provisional government in that state, by Edmunds,[186] and others. All of
+these soon lapsed.
+
+Meanwhile, in the House of Representatives the committee on reconstruction
+had been instructed to examine the public affairs of Georgia and to
+inquire what measures ought to be taken regarding the representatives of
+Georgia in the House.[187] Many citizens of Georgia, black and white,
+testified before the committee.[188] Among them Governor Bullock was
+conspicuous, advocating the enforcement of the Test Oath qualification--a
+fact which aroused great indignation in the state.
+
+The doubtful position in which Georgia now hung raised the question, what
+should be done with her electoral votes in February, 1869? Congress had
+passed a joint resolution on July 20, 1868, to the effect that none of the
+states affected by the Omnibus Act should be entitled to vote in the
+Electoral College in 1869 unless at the time for choosing electors it had
+become entitled to representation in Congress.[189] As February 10, the
+day for counting the votes, approached, it was considered desirable, in
+order that the ceremony might pass off smoothly, that the Senate and the
+House should agree by a special rule what should be done with Georgia's
+votes. Now, the Senate could not agree to a rule declaring that the votes
+should be counted, for that would imply that the state had become entitled
+to representation in Congress, and the Senate had refused to admit Hill.
+But the House could not concur in declaring that the votes should not be
+counted; for that would imply that the state had not become entitled to
+representation in Congress, and the House had admitted seven
+Representatives from the state. It was therefore agreed by a concurrent
+resolution passed February 8, that at the count of the electoral votes, in
+case the Georgia votes should be found not to affect the result
+essentially (which it was well known would be the case), then the
+presiding officer should make the following announcement:
+
+     Were the votes presented as of the state of Georgia to be counted,
+     the result would be for ---- for President of the United States, --
+     votes; if not counted, for ----, for President of the United States,
+     -- votes; but in either case ---- is elected President of the United
+     States;
+
+and a similar announcement of the votes for Vice-President.[190]
+Accordingly, on February 10, amid the wildest uproar, caused by the
+blunders of a perplexed chairman and the violent protest of a group of
+Representatives, led by Butler, against the execution of the special rule,
+which had been rushed through the House without their knowledge, it was
+announced that the electoral vote was as follows:
+
+  For Grant and Colfax
+    Including Georgia's votes      214
+    Excluding Georgia's votes      214
+
+  For Seymour and Blair
+    Including Georgia's votes       80
+    Excluding Georgia's votes       71
+
+and that in either case Grant and Colfax were elected.[191]
+
+On March 5, the first day of the forty-first Congress, the House of
+Representatives was able to get rid of the Georgia Representatives on a
+technicality. The same delegation which had represented Georgia since
+July, 1868, appeared again to finish its supposed term. Their credentials
+failed to state to what Congress they had been elected, but authorized
+them to take seats in the House of Representatives according to the
+ordinance of the Georgia constitutional convention passed March 10, 1868.
+Now, this ordinance provided that all the public officers who should be
+elected on April 20 should enter on their duties as soon as authorized by
+Congress or by the general commanding the military district, but should
+continue in the same as long as they would if elected in the November
+following.[192] These Congressmen, then, were elected to serve as if
+elected in November, 1868, that is, they were elected members of the
+forty-first Congress. But they had already served several months in the
+fortieth. If they should serve through the forty-first they would exceed
+the constitutional term. The convention of Georgia could make the first
+term of all state officers longer than the regular term subsequently to
+obtain; it could not so lengthen the term of members of the Congress of
+the United States. The credentials were referred to the committee of
+elections, and the House was thus relieved of the presence of the Georgia
+representatives, which would have been an embarrassment in the subsequent
+proceedings.[193]
+
+Several bills relating to Georgia were then introduced, which, though they
+were not advanced very far, are worth noticing.[194] Their titles indicate
+the purpose "to enforce the Fourteenth Amendment." Now, the Fourteenth
+Amendment consists principally of prohibitions on states; it could not be
+enforced in Georgia unless Georgia was a state. Georgia had (it was
+assumed) admitted to her legislature men subject to the disqualifications
+of the Fourteenth Amendment, and had excluded men from the legislature on
+the ground of color, thus denying the equal protection of the laws to
+citizens. The latter act had been done after the Fourteenth Amendment went
+into effect (July 28, 1868[195]), the former before, but its effect
+continued. If Georgia was a state, then, she had violated the amendment,
+and Congress might correct these two acts by virtue of its power to
+enforce the amendment. If Georgia was not a state, she had not violated
+the Fourteenth Amendment, but her acts were subject to correction by
+Congress, because her government was "provisional only." If, therefore,
+Congress proposed to enforce the Fourteenth Amendment in Georgia, it
+acknowledged that Georgia was a state, and so debarred itself from any
+interference not necessary to enforce that Amendment. If it proposed to
+interfere simply as with a provisional government, there was no such
+limitation.
+
+The bills of the first session of the forty-first Congress proposed to
+enforce the Fourteenth Amendment. To secure the enforcement of the
+disqualification clause they provided that each member of the legislature
+should be required to take an oath saying that he was not disqualified by
+the amendment, and that those who did not so swear should be excluded. To
+secure equal rights to the colored legislators they provided that all
+persons elected to the legislature (according to General Meade's
+announcement of the result of the election of 1868) who should take the
+test oath required should be admitted, and that the expulsion of the
+negroes should be declared void. The federal military authority was to
+assist in executing these measures if requested by the governor. These
+measures, it will be observed, were only such as might legally be taken
+regarding Massachusetts if it violated the Fourteenth Amendment.
+
+At the next session of Congress, beginning in December, 1869, the policy
+of enforcing the Fourteenth Amendment was abandoned for the alternative
+policy of legislating for a provisional government. The reason for the
+change was an emergency in which the Republican Politicians found
+themselves. In the previous February Congress had passed the joint
+resolution proposing the Fifteenth Amendment. By December it seemed
+certain that the number of ratifying states would fall short of the
+required three-fourths by just one, unless Congress could prevent it.[196]
+Georgia furnished the means of preventing it. In March her legislature had
+rejected the proposed amendment.[197] It could now be forced to ratify and
+thus complete the necessary majority. Georgia must then be treated not as
+a state which had violated the Fourteenth Amendment, but as a provisional
+organization subject to the uncontrolled will of Congress. A bill was
+accordingly prepared containing the same provisions as the bills of the
+preceding session, but adding this clause: "That the legislature shall
+ratify the Fifteenth Amendment before Senators and Representatives from
+Georgia are admitted to seats in Congress." In accordance with its
+different legal basis the bill was entitled: "An act to promote the
+reconstruction of the state of Georgia."
+
+Little need be said of the manner in which this bill was passed. The
+usual partisan abuse prevailed on both sides. The Democrats made a
+remarkable opposition, led by Beck of Kentucky.[198] The Republicans were
+aided by a message from President Grant urging the intervention of
+Congress,[199] by the report of the reconstruction committee on affairs in
+Georgia,[200] and by a report from General Terry, who was stationed in the
+Department of the South, alleging that disorder was rampant in Georgia and
+the need of further military government by federal authority
+imperative.[201] Terry's superior officer, General Halleck, added a
+postscript to Terry's report to the effect that Terry was mistaken, that
+the disorder in Georgia was much less than was commonly believed, and that
+federal interference was highly inadvisable.[202] Aided by the report and
+undeterred by the postscript, the Republicans discoursed of "rebel
+control" and "murder" with unprecedented effect. Butler said that Congress
+must act instantly; if action on the bill is postponed, he said, "the rest
+of the Republican majority of that state may be murdered, even during
+Christmas week, when the Son of God came on earth to bring peace and good
+will to man."[203]
+
+The bill became law on December 22, 1869.[204] Congress thus decided at
+last to adopt the opinion of the Senate judiciary committee, that Georgia
+had not become a state through the Omnibus Act. General Meade, in
+declaring the contrary, had been mistaken. Bullock, in calling himself
+governor, had been mistaken. The House of Representatives, in admitting
+members sent from Georgia, had been mistaken; they were _de facto_
+members, but had no legal right there.[205] The legal basis of the act of
+December 22 was then the same as that of the original Reconstruction Acts.
+
+The question which had been raised in the debates on these acts--What
+legal effect could the action of a body not the legislature of a state
+have on the adoption of an amendment to the constitution?--was raised
+again here. Some of the Republicans argued that such action could have no
+effect and should not be required.[206] Under these circumstances there
+was a more earnest effort than any heretofore made to defend such a
+requirement. It was answered: True, the body which will ratify the
+amendment in Georgia will not be a state legislature at the time; but it
+will later become a state legislature, and then by relation the
+ratification will be imputed to the state legislature and will thus have
+legal effect. Relation, an operation known to private law, had been
+applied to constitutional law in several previous cases, in order to give
+to acts done by the legislatures of territories the same effect as if they
+had been done after statehood was obtained.[207] The ratification by
+Georgia would be valid by relation.[208]
+
+
+
+
+CHAPTER VIII
+
+THE EXECUTION OF THE ACT OF DECEMBER 22, 1869, AND THE FINAL RESTORATION
+
+
+Before relating the manner in which the act of December 22, 1869 (which we
+shall call the Reorganization Act), was executed, we must mention its
+provisions in more detail than we did in the last chapter. It first
+"authorized and directed" the governor by proclamation to summon
+"forthwith" all persons elected to the legislature in April, 1868,
+according to Meade's announcement of the result of the election then
+held,[209] to meet in special session "on some day certain." The act
+continued:
+
+     and thereupon the said general assembly shall proceed to perfect its
+     organization in conformity with the Constitution and laws of the
+     United States, according to the provisions of this act.
+
+When the legislature was assembled, every person claiming to be a member
+should take a test oath prescribed in the act, to the effect that he had
+never been a member of Congress or of a state legislature, nor held any
+civil office created by law for the administration of any general law of a
+state, or for the administration of justice in any state, or under the
+laws of the United States, nor served in the military or naval forces of
+the United States as an officer, and thereafter engaged in or supported
+hostilities against the United States; each person should take this oath
+or else an oath (also prescribed _verbatim_) that he had been relieved
+from disability by Congress according to section 3 of the Fourteenth
+Amendment. The exclusion on the ground of color of any person elected and
+otherwise qualified, the act declared "would be illegal and
+revolutionary," and was "prohibited." The act directed the President to
+use force in executing the act upon application from the governor.
+
+The process ordered by the act seems simple and obvious, but the general
+of the army deduced much from it not apparent on its face. This act, he
+reasoned, implies that the Georgia government is provisional, and has
+never ceased to be so since March 2, 1867. And in that case the act of
+March 2, 1867, has never ceased to operate as to Georgia, since by its own
+terms it is to remain in force in each "rebel state" until each
+respectively has been "by law admitted to representation in the congress
+of the United States." Georgia has not been so admitted, since she did not
+comply with the Omnibus Act. Therefore the Reconstruction Acts are still
+in force in Georgia, and the general orders of July 28, 1868, declaring
+the Third Military District abolished were a mistake. Accordingly those
+orders were countermanded by the general of the army on January 4, 1870,
+and General Terry, a prominent advocate, as we have seen, of the revival
+of military government in Georgia, was placed in command of the remnant of
+the Third Military District.[210]
+
+The War Department's deduction from the Reorganization Act of authority to
+institute again the system of the Reconstruction Acts came a month or two
+later under the consideration of the Senate judiciary committee, and was
+pronounced a gratuitous perversion of the act last passed. That act
+implied, to be sure, that the Georgia government was provisional; but it
+was plainly intended not to revive but to supersede the former regulations
+regarding that government. The purpose of the Reorganization Act was
+simply that the legislature should reorganize itself and ratify the
+Fifteenth Amendment. To this purpose military government had no relation.
+The Reconstruction Acts had not expired according to their own provisions
+as to Georgia, it was true, but they had been repealed by the
+Reorganization Act. This was further proved by the latter's provision that
+military force should be used "upon the application of the governor." The
+Reorganization Act, said the committee, "invokes military action in what
+it provides shall be done, and no more."[211] Unfortunately this opinion
+was delivered some time after the theory which it demolished had been in
+practical operation.
+
+Terry, having received the _role_ of military governor, played it as the
+true heir to the power of his great predecessors. He removed from office
+three sheriffs and a county ordinary and appointed successors.[212] He
+intervened in eight private controversies and composed them with a strong
+hand.[213] In two cases before the state courts he substituted his command
+for the regular process.[214] Still more apparent was the official
+character which he had assumed, in his conduct toward the legislature.
+Possessing the power wielded by Pope and Meade, he could issue any orders
+he pleased to that body. For this reason, and because he was in sympathy
+with them, the Georgia Republicans ardently embraced and tenaciously clung
+to the theory that he was not a mere assistant in executing the
+Reorganization Act, but a military governor under the Reconstruction Acts.
+
+On December 22, 1869, Governor Bullock issued his proclamation (which he
+signed "Rufus B. Bullock, Provisional Governor"), summoning the men
+elected to the legislature in 1868 to meet in Atlanta on January 10
+following.[215] This duty, besides that of calling on the President for
+aid if he saw fit, was the only one expressly entrusted to Bullock by the
+Reorganization Act. Another one, however, was deduced by the following
+process of reasoning: The legislature can do nothing before its members
+are qualified according to the act. Since it can do nothing, it cannot
+even organize itself. But it is the purpose of the act that the
+legislature be organized. Therefore some one else must be intended to
+organize it. This duty naturally belongs to the governor, since the
+cognate duty of convening the body is imposed on him. In accordance with
+this reasoning, Bullock appointed a temporary clerk for each house, who
+should call the house to order and preside until all the members should be
+qualified or declared disqualified, by taking or failing to take one of
+the test oaths of the Reorganization Act.[216] This appointment of Bullock
+rested not only upon the reasoning stated above, but upon the approval of
+Terry, who, whether the reasoning was correct or not, could do, or order
+to be done, to the legislature anything he chose.[217]
+
+When the legislature convened on January 10, each house was called to
+order by its temporary clerk, who proceeded to call the roll of names
+announced by Meade after the election of 1868, for the administration to
+each person of one of the required test oaths. On the same day the upper
+house completed the roll call and the swearing in of members, and effected
+a permanent organization. A Republican (Conley) was elected president by a
+large majority. On assuming the chair he delivered an oration, the spirit
+of which may be perceived from the following sentence: "The government has
+determined that in this republic, which is not, never was, and never can
+be, a democracy--that in this republic Republicans shall rule."[218]
+
+Far different was the course of events in the lower house. When that house
+assembled it found one Harris in the chair. Forgetting that his
+appointment had been indorsed by Terry and that he was, therefore, the
+virtual agent of a military governor who had the power to do anything he
+chose to the legislature, the Conservatives raised objection to his
+presiding and attempted to elect a temporary chairman in the usual way.
+This attempt precipitated a violent scene in the house, but was
+unsuccessful. Harris kept his seat and ordered the roll call for the
+swearing in of members to proceed. The names of seventy-eight persons were
+called and as many of these as were present were sworn in. At this point,
+the journal records, "the clerk _pro tem._ announced that the house would
+take a recess" until the next day. This the house did.[219] On January 11
+and 12, the same proceedings occurred, the swearing in continuing until it
+was suspended and the house adjourned by the "clerk _pro tem._"[220]
+
+Without the theory that the Reconstruction Acts were still in force these
+proceedings in the lower house would have constituted the plainest
+illegality. But if Terry was a military governor and Harris his agent,
+they were legal. Though the Senate judiciary committee later declared this
+a false interpretation of the law, yet it was the official interpretation
+of the War Department, as we saw by the order appointing Terry.[221] The
+War Department had a right to decide what the Reorganization Act, which it
+was to aid in executing, meant. Its decision, whatever its character, was
+never officially overruled. Therefore the proceedings in the legislature
+were officially regular.
+
+Before the legislature met, the Conservative papers had published an
+article by a state judge on the meaning of the first test oath of the
+Reorganization Act. It concerned especially the phrase: "any civil office
+created by law for the administration of any general law of a state." It
+was argued that there were many state offices not included in this
+phrase--among them those of mayor, alderman and state librarian. Since
+these offices were not "for the administration of any general law," but
+only for that of special or local law, former occupants of them who had
+supported the Confederacy could take the present test oath.[222] This
+construction would give an advantage to the Conservatives. To counteract
+it, Bullock applied to the attorney general for an official
+interpretation. That officer (Farrow by name) responded with a very
+reasonable opinion. He admitted that officers with merely local functions
+were not included in the phrase in question, but pointed out that many
+municipal officers had the powers of a justice of the peace. In such cases
+they were charged with the administration of general law and were included
+in the phrase. The state librarian, said Farrow, executed general law and
+was included.[223]
+
+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.
+
+On January 13, when the board of inquiry was appointed, the "clerk _pro
+tem._" of the lower house, by order of Bullock countersigned by Terry, had
+declared the house adjourned till January 17, to await the decision of the
+board.[230] On the 17th the house met and listened to the reading of two
+orders from Bullock indorsed by Terry; the one directing the state
+treasurer to issue fifty dollars to each member of the house, the other
+ordering the house to adjourn till January 19.[231] On the 19th the house
+met, and after one man had been sworn in was adjourned in the same manner
+till the 24th.[232] On the 24th it met and after two men had been sworn in
+was again adjourned by order of the governor.[233] On the morning of the
+25th it met and was adjourned till afternoon. In the afternoon it was
+adjourned as soon as it had met till the next day. To the countersignature
+of Terry in this case was added the promise that this was the last
+adjournment of the series, since the board had now rendered so much of its
+decision as related to members of the lower house. The house was therefore
+ordered to swear in, on the next day, all the remaining members elect
+except those found or confessed ineligible, and to elect its permanent
+officers.[234] On January 26 this order was complied with; the Radical
+candidate for chairman was elected by a large majority, and the
+redoubtable "clerk _pro tem._," having presided for the last time,
+retired.[235]
+
+The reorganized legislature on February 2 complied with the remaining
+requirements of the Reorganization Act by ratifying the Fifteenth
+Amendment. On the advice of Bullock it also repassed the resolutions of
+July, 1868, required by the Omnibus Act. This was not necessary to
+re-admission. It is true, the requirements of the Omnibus Act had, by the
+hypothesis of the Reorganization Act, never been "duly" fulfilled. But the
+Omnibus Act had been superseded by other legislation, which made new
+requirements and did not renew the old. The renewal of the unfulfilled
+requirements had been discussed in Congress and rejected.[236]
+Nevertheless, the resolutions were passed gratuitously.[237]
+
+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]
+
+       *       *       *       *       *
+
+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.
+
+The power here referred to was that conferred by Article III., section 1,
+of the state constitution;
+
+     The election for members of the general assembly shall begin on
+     Tuesday after the first Monday in November of every second year ...
+     but the general assembly may by law change the time of election, and
+     members shall hold until their successors are elected and qualified.
+
+The constitutional term of the present legislature (except of one-half of
+the senators, who held four years) would expire in November, 1870. But
+this section of the constitution, Butler pointed out, would enable the
+legislature to postpone the election and perpetuate its power. This grave
+danger he proposed to remove by the clause of his bill above quoted. In
+order to prevent the legislature from prolonging its tenure forever, he
+proposed, not to forbid prolongation, but to allow it for two years.
+
+     I also propose [he said] by this [clause] to give to the present
+     State officers of Georgia a two years' term of office in that state
+     as a state in this Union.
+
+That Congress should pose as the defender of the people of Georgia against
+a usurping legislature, and at the same time by the guaranty of its
+approval encourage that legislature to double its constitutional
+term--this was a conception of political genius which, independently of
+its realization, should make Butler immortal.
+
+The moderate Republicans of the House of Representatives were willing, for
+the sake of settling doubt, to pass a bill declaring Georgia restored, but
+were decidedly opposed the scheme to use the bill as a means of prolonging
+the tenure of the Georgia Radicals. An amendment to Butler's bill, known
+as the Bingham amendment, was offered, to the following effect:
+
+     ... neither shall this act be construed to extend the official tenure
+     of any officer of said state beyond the term limited by the
+     constitution thereof, dating from the election or appointment of such
+     officer.[250]
+
+The bill with this amendment passed the House by a large majority on March
+8.[251]
+
+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:
+
+     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
+
+
+In the preceding chapters we have mentioned the immediate effect of
+reconstruction upon social conditions. To its immediate effects upon
+political conditions, in other words to the character and conduct of the
+new state government, which have been mentioned only incidentally, we
+shall now give a more direct and consecutive consideration.
+
+With reference to the political reforms of reconstruction the white men of
+Georgia formed three distinct parties. There were those who favored them,
+either on their ethical and political merits or (more often) as a means of
+attaining political power otherwise unattainable. They were called
+Scalawags, Carpet-baggers and Radicals, of which terms we shall adopt the
+last. There were those unalterably opposed to them, called Rebels by their
+critics and Conservatives by themselves. There were, thirdly, those who
+supported them not upon their merits, which they doubted, but because they
+saw the state at the mercy of a conqueror and believed that, bad as the
+measures were, it was better to accept them quickly than to make a vain
+resistance, which could only prolong the social and commercial
+disturbances in the state, and which might occasion the administration of
+a still worse dose. This group embraced many of the commercial class,
+which was especially large in Georgia, and one of the men prominent in
+former politics, namely Governor Brown. They were classed by the
+Conservatives with the basest of Radicals, but we shall call them the
+Moderate Republicans. The admixture of this group with the Radical party
+had important consequences. Differing from their party in principle and
+allying themselves with it to bring peace to the state, when the peace of
+the state seemed secure, they sometimes adhered to their principles rather
+than to their party. It is true, many of them became so interested in the
+great game of politics then going on that they played it for its own sake,
+but some party splits of importance occurred.
+
+The first fruit of the policy of negro enfranchisement and rebel
+disenfranchisement was the constitutional convention of 1867-68. It was
+stated in the latter part of Chapter IV. that in the election for members
+of this convention many Conservatives declined to take part. For this
+reason the Radicals obtained a predominance in the convention which they
+did not retain in the state government after the Conservatives decided to
+fight. The convention, in fact, was extremely Radical. The constitution
+which it framed shows the thoroughness with which it entered into the
+Humanitarian reforms. The speeches and resolutions show that a close
+sympathy with the Republican party and a bitter antagonism to the
+Conservatives were entertained by most of the members. The temporary
+chairman, Foster Blodgett, in his opening speech, mentioned the
+suspicious, hostile and contemptuous attitude of the Conservatives toward
+the convention. He said:
+
+     They may stand and rail at us and strive to distract us from our
+     patriotic labors; but we are engaged in a great work ... we are
+     building up the walls of a great state.[264]
+
+Parrot, the permanent chairman, said:
+
+     Many of us come here from amongst a people who have spurned us and
+     spit upon us ... the enemies of the convention are watching with
+     envious eyes to see whether we shall be able to meet public
+     expectation.... We should form a state government for an unwilling
+     people based upon the soundest principles ... and in governing them
+     rescue human liberty from the grave, and prevent them from trampling
+     us under foot.
+
+On the other side, he said:
+
+     The Republican party of the nation is waiting with intense anxiety
+     the movements of this body. Our friends will soon be able to
+     determine whether we shall be a burden upon them ... or aid them in
+     the great work of restoring our state.[265]
+
+When Governor Jenkins brought suit against Stanton on behalf of the state,
+the convention declared the action unauthorized and in the name of the
+people of Georgia demanded that the suit be dismissed.[266] On December
+17, 1867, a resolution was passed, asking Pope to appoint, in lieu of
+Governor Jenkins, a provisional governor, and asking that the person
+appointed be Rufus B. Bullock.[267] Unsuccessful here, the convention
+tried again on January 21. It requested Congress to allow it to vacate the
+governorship and all other offices now filled by men unfriendly to
+reconstruction and to fill them with new appointees.[268] These two last
+named resolutions suggest not only Radical sentiment, but also Radical
+organization in the convention.
+
+The attitude of the convention toward the military authorities was most
+cordial. On December 20, a reception was given to Pope. The general made a
+speech and received an ovation.[269] Resolutions of friendship and
+gratitude were voted him on his departure.[270] Meade, on his arrival,
+received resolutions of welcome,[271] and resolutions of friendly import
+on various other occasions.[272] Meade did not entirely reciprocate this
+cordiality.
+
+Toward Congress the convention was not only cordial; it was almost filial.
+Not only was the United States government eloquently thanked for its
+magnanimity,[273] but it was appealed to by the convention as a kind
+parent by a child confident of favor. It was petitioned to appropriate
+thirty million dollars to be loaned on mortgage to southern
+planters;[274] to loan a hundred thousand dollars to the South Georgia and
+Florida railroad,[275] and "to make a liberal appropriation" for building
+the proposed Air Line railroad.[276]
+
+The constitutional convention of 1865 had met on October 25, and adjourned
+on November 8, thus completing its work in fourteen days. This dispatch,
+as well as the style of its resolutions and of the speeches of its
+members,[277] had marked it as a body where good taste, decorum and public
+spirit prevailed.
+
+The reconstruction convention met on December 9, 1867, and continued in
+session (excepting a recess from December 24 to January 7), until March
+11, 1868. The first article of the new constitution on which the
+convention took action was reported on January 9.[278] Before that time
+many resolutions and ordinances were introduced. Most of them related to
+"relief" (such as suspension of tax collections, homestead exemption, stay
+of execution for debt, etc.), or to the pay and mileage of delegates, and
+only rarely was anything said about the constitution. On December 16 the
+more conscientious members secured the appointment of a committee to
+inquire whether the convention had power to do any business besides frame
+a constitution.[279] This committee did not discuss the law of the
+question, but recommended on moral grounds a resolution to this effect:
+
+     That all ordinances or other matter ... already introduced and
+     pending are hereby indefinitely postponed; and in future no ordinance
+     or other matter ... not necessarily connected with the fundamental
+     law shall be entertained by this convention [except relief
+     legislation].
+
+This report met with vigorous opposition. It was saved from the table by
+two votes. But it was adopted.[280] The contemporary Conservative press
+describes the convention as very infamous and very disgusting.[281] It
+contained thirty-three negroes, and the transactions recorded in the
+official journal show that it was composed largely of men of low
+character.
+
+Hence, to many of the delegates, framing the constitution was only a minor
+incident of the convention, and the main part of that work was left to a
+small number of men. Their work shows intelligence and ability. Moreover,
+in the records of the convention there are not wanting traces of that
+undoubted public spirit which animated many of the supporters of
+reconstruction--the honest desire to repair and develop the material
+welfare of the state. This spirit is evident in the speeches we have
+cited, and in some of the resolutions.
+
+We have stated how the campaign of 1868 resulted in giving the
+governorship to the Republicans and a majority of twenty-nine in the
+legislature to the Conservatives; how Governor Bullock tried to reduce
+that majority through Meade, and how Meade refused his aid; and how the
+majority was more than doubled by the expulsion of the negroes and the
+seating of the minority candidates. From that time to the reorganization
+of the legislature in 1870, the most remarkable fact in the state politics
+was the hostility between the governor and the legislature.
+
+After the expulsion of the negroes, the lower house asked the governor to
+send it the names of the candidates who at the election had received the
+next highest vote to the persons expelled. The governor sent the names and
+with them a long protest against the expulsion of the negroes.[282] The
+house, on hearing the message, adopted a tart resolution, reminding the
+governor that the members of each house were "the keepers of their own
+consciences, and not his Excellency."[283] A similar message to the upper
+house in response to a similar request provoked a similar resolution,
+which was defeated by two votes.[284]
+
+It will be remembered that in December, 1868, and January, 1869, the
+governor urged upon Congress, through his letter presented in the Senate
+and through his testimony before the Reconstruction Committee, the theory
+that Georgia had not yet been restored. On January 15, 1869, he urged the
+same view upon the legislature. He advised it to reorganize itself by
+summoning all men elected members in 1868, requiring each to take the Test
+Oath, excluding only those who should not take it, and thus constituted to
+repass the resolutions required by the Omnibus Act. If the legislature did
+not do this, it must submit to Congressional interference.[285] This
+message apparently caused the legislature some apprehension. It adopted a
+joint resolution to the effect that it desired the question of the
+eligibility of negroes to office to be determined by the supreme court of
+the state. The governor sent this resolution back with one of his
+admirably keen and powerful messages. He said that Congress had two
+grievances against the present legislature; that it had admitted members
+disqualified by the Fourteenth Amendment, contrary to the Omnibus Act, and
+that it had expelled twenty-eight negroes. The present resolution,
+intended to appease Congress, ignored the first grievance and proposed no
+remedy for the second; therefore it was meaningless and absurd.[286]
+
+On January 21, 1869, the state treasurer, Angier, in response to an
+inquiry from the house of representatives regarding the affairs of his
+department, intimated that the governor had drawn money from the treasury
+under suspicious circumstances.[287] Thus began the feud between the
+governor and the treasurer which continued during the rest of Bullock's
+term. Angier's report was referred to the committee on finance. The
+majority of the committee reported that the governor's acts had been
+irregular but in good faith. The minority reported that his acts were
+culpable and his explanations inadequate, and concluded: "The facts herein
+set forth develop the necessity for further legislation for the security
+of the treasury."[288] This report the house adopted by a large
+majority.[289]
+
+Another index of the relations between the governor and the legislature is
+furnished by the governor's message submitting the proposed Fifteenth
+Amendment. It opened thus:
+
+     It is especially gratifying to learn, as I do from the published
+     proceedings of your honorable body, that senators and representatives
+     who have heretofore acted with a political organization which adopted
+     as one of its principles a denunciation of the acts of a Republican
+     Congress ... should now give expression to their anxious desire to
+     lose no time in embracing this opportunity of ratifying one of the
+     fundamental principles of the Republican party ... and I very much
+     regret that the preparation necessary for a proper presentation of
+     this subject to your honorable body has necessarily caused a short
+     delay, and thereby prolonged the suspense of those who are so anxious
+     to concur.[290]
+
+The radicals probably desired the rejection of the amendment, since it
+would furnish another strong argument to Congress in favor of reorganizing
+the legislature. Hence, the Radical governor, as his message shows, did
+not do his best to induce the legislature to ratify, and probably some
+Radical members for the same reason voted against the amendment or
+refrained from voting for it. It was defeated in the lower house on March
+12,[291] and in the upper on March 18.[292]
+
+In the last chapter we saw that Terry excluded five men from the
+legislature because the board of inquiry had found them ineligible, and
+excluded nineteen others because they had failed to take the required
+oath, and had applied to Congress for removal of disabilities. It is safe
+to assume that all of these twenty-four men were conservatives. Nineteen
+of them had been elected to the lower house, five to the senate.[293]
+Immediately after organization, on advice of Bullock and with the sanction
+of Terry, the senate gave the five vacated seats to the minority
+candidates,[294] and the house gave fourteen of its vacated seats to the
+minority candidates.[295] The result was that the Republicans secured a
+majority in each house.[296] The Republican control thus secured remained
+uninterrupted for the remainder of 1870. Perfect accord now existed
+between the governor and legislature, and in the quarrel between Bullock
+and Angier, which went on with increased acerbity in the press and before
+a congressional committee,[297] the legislature proceeded to transfer its
+support to the governor.[298]
+
+But Republican supremacy was in danger. It was threatened by the Moderate
+Republicans. J. E. Bryant, a Republican, prominent in the state politics
+since the beginning of the new _regime_, in testifying before the
+Reconstruction Committee in January, 1869, had advocated reorganization of
+the legislature, but had opposed any other interference, especially the
+restoration of military government.[299] He and other Republicans who
+shared his opinion were disgusted with the proceedings of Bullock and
+Terry. As early as January 12, 1870, there were reports that the Radicals
+were apprehensive of a combination between the Moderate Republicans and
+the Conservatives.[300] Probably the strenuous efforts of the Radicals to
+take and make every possible advantage for themselves in the
+reorganization is partly accounted for by this apprehension. On February
+2, Bryant caused to be entered on the journal of the house of
+representatives a protest denouncing the reorganization proceedings as
+illegal.[301] Shortly afterwards he published a statement of his position.
+He said that he was a Republican, but was opposed to the corrupt ring
+which controlled the party in Georgia.[302] From this time on the papers
+frequently referred to the alliance between the followers of Bryant and
+the Conservatives as the salvation of the state.[303]
+
+The Radical majority was not quite strong enough to pass a resolution
+declaring that there should be no election in 1870, as was attempted in
+August of that year.[304] But it was strong enough to pass an election law
+very favorable to the Radical party. It changed the date of the election
+from the regular time in November to December 22, and following the
+example set by General Pope in 1867, provided that it should continue
+three days. It established a board of five election managers for each
+county, three to be appointed by the governor and senate, and two by the
+county ordinary. It provided that the board should have "no power to
+refuse the ballot of any male person of apparent full age, a resident of
+the county, who [had] not previously voted at the said election." Also it
+said: "They [the managers] shall not permit any person to challenge any
+vote."[305] Another act was passed, calculated to prevent the loss of
+Republican votes through disqualification of negroes for non-payment of
+taxes. It declared the poll tax levied in 1868, 1869 and 1870
+illegal.[306]
+
+At the election thus provided for were to be chosen a new legislature
+(except half of the senators, who held four years) and Congressmen. To
+what extent the Republicans availed themselves of the advantages offered
+by the election law we do not know. At any rate, the Conservatives
+obtained two-thirds of the seats in the legislature, and five of the seven
+seats in Congress.[307]
+
+This result meant trouble for the governor, whose term ran to November,
+1872. His efforts to secure Congressional interference, his conduct in
+January, 1870, and the accusations of extravagance, corruption, and other
+crimes continually made by an intemperate press, had raised public
+indignation to a high point. It was certain that when the new legislature
+met it would investigate the charges, and it was hoped that the governor
+would be impeached.[308] The time of reckoning had been postponed,
+however, by the prudence of the outgoing legislature, which had provided
+that the next session of the legislature should begin, instead of in
+January, the regular time set by the constitution,[309] on the first
+Wednesday in November, 1871.[310]
+
+The first Wednesday in November, 1871, was November 1. On October 23, the
+governor recorded in the executive minutes that he resigned his office,
+for "good and sufficient reasons," the resignation to take effect on
+October 30.[311] He then quietly left the state. The fact that he had
+resigned was kept secret until October 30.[312]
+
+In case of a vacancy in the office of governor, the constitution directed
+the president of the senate to fill the office.[313] On October 30,
+therefore, Conley, the president of the senate at its last session,
+hastened to be sworn in as governor.[314] By resigning just before the
+meeting of the incoming Conservative legislature, Bullock had thus
+cleverly prolonged Republican power, while at the same time resigning. The
+question whether under the constitution the governor's office should not
+be filled by the president of the newly-organized senate, was raised by
+the papers.[315] But Conley was by common consent left in possession of
+the office. Though, as he said in his first message to the
+legislature,[316] "a staunch Republican," he was not personally
+unpopular.[317] Moreover, the legislature intended to furnish a successor
+very soon.
+
+On November 22, a bill was passed ordering a special election for governor
+for the remainder of the unexpired term, to be held on the third Tuesday
+in December.[318] The authority for this act was found in the following
+provision of the constitution: "The general assembly shall have power to
+provide by law for filling unexpired terms by a special election."[319]
+Conley vetoed the bill, on the ground that the section of the constitution
+quoted empowered the legislature to make general provisions for filling
+unexpired terms, not to make special provision for single cases.[320] The
+bill was passed over his veto.
+
+Although Republican power was now doomed in a few weeks, and although
+resistance to a legislature which could easily override his vetoes was
+futile, yet Conley stubbornly continued to offer obstructions to the
+legislature at every possible point up to the very day when his successor
+was inaugurated.[321] He exhibited a courage and a political efficiency
+worthy of his predecessor, but accomplished nothing. He was able, however,
+to help his friends by means of the pardoning power. Several prominent
+Republicans were indicted at this time for various acts of public
+malfeasance. On the ground that in the existing state of public excitement
+these men could not obtain a fair trial, Conley ordered proceedings
+against several of these to be discontinued.[322]
+
+On January 11, 1872, the returns from the special election were sent to
+the legislature by Conley, under protest,[323] and James M. Smith was
+declared elected. On January 12, Smith was inaugurated. Conley assisted at
+this ceremony, thus yielding the last inch of Republican ground.[324]
+
+Reviewing the events recorded from the beginning of this chapter, we
+observe that the period of reconstruction in Georgia was not a period when
+a swarm of harpies took possession of the state government and preyed at
+will upon a helpless people. The constitutional convention of 1867-68
+forebodes such a period, but when the Conservatives rouse themselves, from
+that time on the stage presents an internecine war between two very well
+matched enemies. This struggle is usually represented as between a wicked
+assailant and a righteous assailed. That it was a struggle between
+Republicans and Democrats is much more characteristic. In such a contest
+mutual vilifying of course abounded, and it is not to be supposed _a
+priori_ that the vilifying of one party was more truthful than that of the
+other.
+
+It is often vaguely said that reconstruction resulted in government by
+carpet-baggers. John B. Gordon, the Conservative candidate for governor
+who was defeated by Bullock, expressed before a Congressional committee in
+1870 the belief that there were not more than a dozen men holding offices
+in Georgia who had recently been non-residents. He further said that the
+judges appointed by the Republican governor were entirely
+satisfactory.[325]
+
+The reconstruction government is charged with having imposed such heavy
+taxes that as a result the people were impoverished, industry was checked,
+and many plantations went to waste. During the decade before the war the
+law provided that a tax should be annually levied at such a rate as to
+produce $375,000, provided the rate should not exceed one-twelfth of one
+per cent.[326] The revenue law of 1866 provided that a tax should be
+levied at such a rate as to produce $350,000.[327] Owing to the vast
+destruction of property during the war, this necessitated a higher rate
+than that before the war. The law of 1867 ordered a levy at such a rate as
+to raise $500,000.[328] This law, made by the Johnson government, before
+reconstruction began, was continued by the legislature in the four
+following years.[329] In 1870 the rate of assessment was two-fifths of one
+per cent.[330] This rate was much higher than the one prevailing before
+the war, but this misfortune cannot be charged to reconstruction, since
+the reconstruction government merely followed the example of the Johnson
+government.
+
+That the reconstruction _regime_ did not do the economic harm often
+attributed to it is shown by the fact that during that _regime_ the value
+of land and of all property in the state steadily increased, as appears
+from the following table:
+
+                               ASSESSED VALUATION.
+
+                 Land.        Town and         Total
+                            City Property.   Property.
+
+  1868[331]   $79,727,584    $40,315,621    $191,235,520
+  1869[332]    84,577,166     44,368,096     204,481,706
+  1870[333]    95,600,674     47,922,544     226,119,519
+  1871[334]    96,857,512     52,159,734     234,492,468
+
+Nevertheless, the reconstruction government spent the public money
+extravagantly. This fact is shown by a comparison of the expenditures of
+the state under Bullock's administration and under that of his
+predecessor. Such a comparison, it is true, has been employed to prove the
+contrary. Governor Bullock was wont to rebut charges of extravagance by
+showing that the state spent more under Jenkins' administration than under
+his, in proportion to the time occupied by each.[335] This was true, as
+the following figures show:[336]
+
+  Gross expenditures in 1866 and 1867                      $3,223,323.46
+    Average annual expenditure during these years           1,601,661.73
+  Gross expenditures from August 11, 1868, to Jan. 1, 1870  2,260,252.15
+  Gross expenditures in 1870                                1,444,816.73
+  Gross expenditures in 1871                                1,476,978.86
+    Average annual expenditure during this period           1,554,614.32
+
+A comparison of gross expenditures, however, is of no significance unless
+the sums contrasted represent payments for the same purposes. Under the
+earlier administration the government undertook large expenditures for the
+relief of destitute persons, especially of wounded soldiers and the
+relicts of soldiers.[337] This accounts for the remarkable size of the
+amounts credited to "special appropriations" in the report for 1866 and
+1867. Under Bullock's administration the government spent nothing for
+these purposes. For a fair comparison of the economy of the Johnson
+government and the reconstruction government, it is necessary to compare
+the amounts which they spent respectively for the same objects. Their
+payments for the more important administrative purposes are shown in the
+following table:[338]
+
+  +----------------------+----------+----------+----------+----------+
+  |                      |  1866.   |  1867.   |  1868.   |  1869.   |
+  +----------------------+----------+----------+----------+----------+
+  |Civil Establishment   |$20,771.66|$75,222.44|$50,373.72|$85,666.41|
+  |Contingent Fund       |  6,128.62| 15,430.74| 10,059.06| 19,968.16|
+  |Printing Fund         |  1,021.75| 16,114.90| 20,452.96| 7,673.38 |
+  |Special Appropriations|304,955.05|879,897.77|210,916.11|261,097.37|
+  +----------------------+----------+----------+----------+----------+
+
+  +----------+----------+
+  |  1870.   |  1871.   |
+  +----------+----------+
+  |$77,851.77|$78,365.21|
+  | 38,284.44| 20,296.95|
+  | 60,011.78| 20,000.00|
+  |260,442.05|806,419.08|
+  +----------+----------+
+
+These figures show that almost all the annual expenditures of Bullock's
+administration, aside from "special appropriations," were well above those
+of the preceding administration, and that the payments from the printing
+fund, especially in 1870, and from the contingent fund in 1870, were so
+large as to convict the administration of great extravagance.
+
+The reconstruction legislature was reproached because of its large _per
+diem_--nine dollars. This _per diem_ was established by the Johnson
+government,[339] and is, therefore, not a charge against reconstruction.
+But the other expenses of the legislature fully corroborate the charges of
+extravagance made against it. This is shown by the following table:[340]
+
+  +-----+---------------------+-------------+-------------------+
+  |     | Length of Session.  |   Total     |Average Expenditure|
+  |     |                     |Expenditure. |    per month.     |
+  +-----+---------------------+-------------+-------------------+
+  |     | Dec. 4 to Dec. 15.  |             |                   |
+  |1865 | Jan. 15 to March 13.|             |                   |
+  | and | Nov. 1 to Dec. 14.  | $121,759.75 |    $33,207.18     |
+  |1866.| ------------------- |             |                   |
+  |     |        3-2/3 months.|             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |1867.|     No session.     |             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |1868 | July 4 to Oct. 6.   |             |                   |
+  | and | Jan. 13 to March 18.| $446,055.00 |    $84,161.33     |
+  |1869.| ------------------- |             |                   |
+  |     |       5-3/10 months.|             |                   |
+  +-----+---------------------+-------------+-------------------+
+  |     | Jan. 10 to Feb. 17. |             |                   |
+  |     | Apr. 18 to May 4.   |             |                   |
+  |1870.| July 6 to Oct. 25.  | $526,891.00 |    $95,798.32     |
+  |     | ------------------- |             |                   |
+  |     |       5-1/2 months. |             |                   |
+  +-----+---------------------+-------------+-------------------+
+
+The state debt created by the reconstruction government was of two kinds;
+direct and contingent. When the reconstruction government went into
+operation the state debt was $6,544,500.[341] The reconstruction
+government incurred a bonded debt of $4,880,000.[342] This includes bonds
+to the amount of $1,880,000 which were issued to a railroad in exchange
+for its bonds to a greater amount and bearing interest at the same rate.
+This amount, therefore, was not a burden on the state, provided the
+railroad remained solvent; though in form a direct, it was virtually a
+contingent liability. Further, $300,000 of the money borrowed was used to
+pay the principal of the old debt. Deducting these two sums, we find that
+the burden of direct debt was increased by $2,700,000.
+
+Contingent debt was incurred by the indorsement of railroad bonds. In 1868
+the state offered aid of this kind to three railroad companies,[343] in
+1869 to four,[344] and in 1870 to thirty.[345] The state offered to
+indorse the bonds of each of these companies to the amount, usually, of
+from $12,000 to $15,000 per mile, sometimes more and sometimes less. If
+all the roads had accepted the full amount of aid offered, the state would
+have become contingently liable for about $30,000,000.[346] But only six
+roads accepted, and the contingent liability thus created was
+$6,923,400.[347] The laws offering the aid involved little risk to the
+state; they made substantial progress in construction and substantial
+evidence of soundness conditions precedent to indorsement, and secured to
+the state a lien on all the property of each road in case it defaulted.
+The indorsement of railroad bonds is not a reproach to the reconstruction
+government. The great policy of that government, when it was sufficiently
+free from partisan labors to have a policy, was to repair the prosperity
+of the state, and the construction of railroads was an important means to
+this end.[348]
+
+The worst stain on the reconstruction government is its management of the
+state railroad. The Western and Atlantic Railroad, owned and operated by
+the state until 1871, was placed under the superintendence of Foster
+Blodgett by the governor in January, 1870.[349] Thenceforth hundreds of
+employees were discharged to make room for Republican favorites; important
+positions were filled by strangers to the business; the receipts were
+stolen,[350] or squandered in purchases made from other Republicans at
+monstrous prices; and the road suffered great dilapidation.[351]
+
+The preferred object of the Conservative abuse in the reconstruction
+government was Governor Bullock. We have seen that he was remarkably
+powerful as well as remarkably active in promoting the interests of his
+party. He was abused for that. For the extravagance of the state
+government the governor was held largely responsible. He was abused for
+that. But he was further accused of fraud in financial matters.
+
+Although this charge has never been established, the public had some
+excuse for believing it at the time. As a result of the quarrel between
+the governor and the treasurer, the governor ordered the bankers who were
+the financial agents of the state to hold no further communication with
+the treasurer after June 3, 1869, but to communicate only with the
+governor.[352] The effect upon the public was an impression of great
+confusion and irregularity in the finances. The treasurer's reports could
+not give a complete account of state moneys, and the governor was not
+careful to inform the public of the condition of that part of the finances
+over which he had assumed control. Moreover, the governor and the
+treasurer kept up a constant interchange of accusation and insinuation in
+the newspapers. In another way the governor put himself in an unfortunate
+light. In his letter to the Ku Klux Committee his statements regarding his
+bond transactions were so vague as to give the impression (rightly or
+wrongly) of a desire to conceal something.[353] The same laxity of
+statement appears in Conley's statement of the use to which the bonds
+issued by Bullock had been put.[354] His sudden resignation and departure
+on the eve of a threatened investigation seemed to confirm the evidence of
+his guilt.
+
+But though he did not keep the public informed, it has never been
+established that his accounts were wrong. He spent money freely, and in
+some cases without authority;[355] but none of his accusers has ever
+proved that he spent any without regular and correct record by the
+comptroller. And though he issued bonds perhaps in excess, he issued none
+without proper registration in the comptroller's records.[356] His
+apparent efforts to conceal facts do not prove fraud; a sufficient motive
+would be furnished by desire to conceal the extravagance of his
+administration. Furthermore, he has been positively acquitted of the
+charge of fraud. In 1878 he returned to Georgia, and the courts proceeded
+to give him "a speedy and public trial." Of his many alleged crimes,
+indictments were secured for three. One indictment was quashed.[357] Upon
+the other two the verdict was "not guilty."[358] His resignation was
+explained in a letter to his "political friends," published on October 31,
+1871.[359] He said that he had obtained evidence of a concerted design
+among certain prominent members of the incoming legislature to impeach
+him (as they could easily do, with the immense Conservative majority), and
+instal as governor the Conservative who would be elected president of the
+senate. To resign and put the governorship in the hands of a Republican
+who could not be impeached was the only way to defeat this "nefarious
+scheme." This explanation was of course ignored by Bullock's enemies when
+it was made; but in view of the lack of evidence that he was guilty of any
+fraud, and in view of the positive evidence to the contrary, there is now
+no reason to doubt it.
+
+The governor made extraordinary use of the pardoning power. According to a
+statement sanctioned by him, he pardoned four hundred and ninety-eight
+criminals, forty-one of whom were convicted or accused of murder,
+fifty-two of burglary, five of arson, and eight of robbery.[360] The
+leader of the Conservative party at that time, B. H. Hill, emphatically
+declared in a public statement that the governor had no worse motive than
+"kindness of heart."[361]
+
+To sum up the case against the reconstruction government, we have seen
+that it was extravagant, that it mismanaged the state railroad, and that
+it pardoned a great many criminals. It was not guilty of the enormities
+often associated with reconstruction; but it was a government composed of
+men who obtained political position only through the interference of an
+outside power--it was the product of a system conceived partly in
+vengeance, partly in folly, and partly in political strategy, and imposed
+by force. It was hated partly for what it did, but more for what it was.
+
+
+
+
+CHAPTER X
+
+CONCLUSION
+
+
+A Confederate veteran recently remarked amid great applause at an assembly
+in Atlanta that there never was a conqueror so magnanimous as the North,
+for within six years from the surrender of the southern armies she had
+allowed the South to take part in her national councils. Nevertheless,
+within those six years the Congressional Disciplinarians gave the South a
+discipline which she will never forget. It did not result in permanent
+estrangement between the North and the South, for sectional bitterness
+seems extinct. But whether there was any profit in it--whether, in case
+the South never again attempts to secede, that happy omission will be due
+to reconstruction--may be doubted.
+
+Was there a clearer gain from the humanitarian point of view? We have seen
+that at the close of the war a spirit of gratitude and philanthropy
+prevailed among the most influential of the southern white people as
+regards the negroes. Instead of allowing this spirit to develop and in the
+course of time to produce its natural results, the North, believing that
+suffrage was essential to the negro's welfare and progress, forced the
+South to enfranchise him, by reconstruction. This caused the negro untold
+immediate harm (since reconstruction was a contributary cause of
+Kukluxism), and delayed his ultimate advance by giving the friendly spirit
+of the white people a check in its development from which it has not yet
+recovered.
+
+From the point of view of the Republican Politicians, reconstruction at
+first succeeded, but later proved a mistaken policy. By it they lost the
+support of the southern white men who had been opposed to secession. These
+formed a large party in Georgia. The victory of the federal arms had the
+nature of a party victory for them. They would have added their strength
+to the Republican party. Reconstruction, with its threat of negro
+domination, drove them into the Democratic party, where they still remain.
+For a time this loss was made good by negro votes, but not long.
+
+Without reconstruction there would have been no Fifteenth Amendment. But
+the good will and philanthropy of the people among whom the negro lives,
+which reconstruction took away, would have brought him more benefit than
+the Fifteenth Amendment. Without reconstruction there would have been no
+Fourteenth Amendment. But a long line of decisions of the Supreme Court
+has determined that the Fourteenth Amendment did not achieve the
+nationalization of civil rights--an end which might justify reconstruction
+as a means. In short, reconstruction seems to have produced bad
+government, political rancor, and social violence and disorder, without
+compensating good.
+
+
+
+
+BIBLIOGRAPHY.
+
+
+PUBLIC RECORDS AND DOCUMENTS.
+
+_Of the United States Government._
+
+  Congressional Globe.
+  Public Documents.
+  Statutes at Large.
+  Supreme Court Reports.
+  Military orders in the archives of the Department of War.
+  Correspondence in the same archives.
+  Correspondence in the archives of the Department of State.
+  Unpublished records in the same archives.
+
+_Of the Government of Georgia._
+
+  Journal of the constitutional convention of 1865.
+  Journal of the constitutional convention of 1867-8.
+  Journals of the legislature.
+  Reports of the four committees appointed by the legislature in December,
+          1871 to investigate respectively--
+      The management of the state railroad.
+      The lease of the same road.
+      The official conduct of Governor Bullock.
+      The transactions of Governor Bullock's administration relating to
+        the issue of state bonds and the indorsement of railroad bonds.
+    These reports were published in Atlanta in 1872.
+  Session Laws.
+  Supreme Court Reports.
+  Reports of the State Comptroller.
+  Executive minutes in the archives of the state in Atlanta.
+  Minutes of the Fulton County Superior Court in the office of that court
+          in Atlanta.
+
+
+NEWSPAPERS.
+
+  Atlanta _New Era_.
+  Atlanta _Constitution_.
+  Milledgeville _Federal Union_ (during the war called the _Confederate
+      Union_).
+  Savannah _News_.
+  Savannah _Republican_.
+
+
+CONTEMPORARY PAMPHLETS.
+
+  A letter from Rufus B. Bullock to the chairman of the Ku Klux committee,
+      Atlanta, 1871.
+  Address of the same to the people of Georgia, dated October, 1872.
+  Letter from the same "to the Republican Senators and Representatives who
+      support the Reconstruction Acts," Washington, May 21, 1870.
+
+
+HISTORICAL WORKS AND COMPENDIA.
+
+  _American Annual Cyclopaedia_. New York.
+  Avery, I. W., _History of Georgia_. New York, 1881.
+  Bancroft, F. A., _The Negro in Politics_. New York, 1885.
+  Clews, Henry, _Twenty-eight Years in Wall Street_. London, 1888.
+  Cox, S. S., _Three Decades of Federal Legislation_. Providence, 1886.
+  Dunning, W. A., _The Civil War and Reconstruction_. New York, 1898.
+  Fielder, H., _The Life and Times of Joseph E. Brown_. Springfield,
+      Mass., 1883.
+  Hill, B. H., Jr., _The Life, Speeches and Writings of Benjamin H. Hill_.
+      Atlanta, 1891.
+  Lalor, J. J., _Cyclopaedia of Political Science_. New York, 1893.
+      Articles on Reconstruction, Georgia, and Ku Klux.
+  Poor, H. V., _Manual of the Railroads of the United States_. New York,
+      published yearly.
+  Sherman, W. T., _Memoirs_. New York, 1875.
+  Stephens, Alex., _The War between the States_. Philadelphia, 1868-70.
+  Taylor, Richard, _Destruction and Reconstruction_. New York, 1893.
+  _Tribune Almanac_. New York.
+  Wilson, Henry, _History of the Reconstruction Measures_. Hartford, 1868.
+
+
+
+
+Footnotes:
+
+[1] Alex. Stephens, _The War Between the States_, vol. ii, p. 623; W. T.
+Sherman, _Memoirs_, vol. ii, pp. 346-362.
+
+[2] M. C. U., May 9, 1865.
+
+[3] See the account of the gigantic relief operations of the federal army,
+A. A. C., 1865, p. 392.
+
+[4] M. C. U., May 9, 1865.
+
+[5] Letter from Joseph E. Brown to Andrew Johnson, dated May 20, 1865, in
+the Department of War, Washington. Brown was arrested on May 10. On May 8,
+upon surrendering the state troops to the federal general Wilson, he had
+been paroled. (The parole paper is in the above mentioned archives.) Hence
+the arrest was a violation of his parole. When Wilson entered into the
+parole engagement he had not been informed how his superiors would regard
+the summoning of the legislature. Immediately afterward he probably
+received orders from the central authorities to arrest Brown. He preferred
+obeying orders to observing his engagement.
+
+[6] G. O. D. S., 1865, no. 63.
+
+[7] See G. O. D. S., 1865, _passim_. Also Savannah _Republican_, May 1, 2,
+3, etc., 1865.
+
+[8] Savannah _Republican_, July 4, 1865. See also James Johnson's
+proclamation of July 13, 1865, M. F. U. of same date.
+
+[9] M. F. U., July 25, 1865.
+
+[10] U. S. L., vol. 13, 760. The provisional governorship, it may be
+remarked, was characterized by the Secretary of War as "ancillary to the
+withdrawal of military force, the disbandment of armies, and the reduction
+of military expenditure by provisional [civil organizations] to take the
+place of armed force." The salaries of the provisional governors were paid
+from the army contingencies fund. See S. D., 39th Congress, 1st session,
+no. 26.
+
+[11] U. S. L., vol. 13, p. 764.
+
+[12] M. F. U., July 13, 1865; A. A. C., 1865, p. 394.
+
+[13] M. F. U., August 15, 1865; A. A. C., _loc. cit._
+
+[14] Letter from Brown to Johnson, dated May 20, 1865, archives of the
+Department of War, Washington.
+
+[15] Letter from Johnson to Stanton dated June 3, 1865, in same archives.
+
+[16] M. F. U., July 11, 1865.
+
+[17] M. F. U., July 18. Savannah _Republican_, July 1 and 3.
+
+[18] J. C., 1865, p. 3.
+
+[19] J. C., 1865, p. 8.
+
+[20] _Ibid._, pp. 17, 18.
+
+[21] _Ibid._, p. 234. The ordinance to this effect was passed only after a
+hard fight, and after a telegraphic warning from the President that if it
+failed the state would fail of restoration. See S. D., 39th Congress, 1st
+session, no. 26, p. 81.
+
+[22] J. C., 1865, pp. 18 and 28.
+
+[23] S. J., 1865-6, p. 3.
+
+[24] S. D., 39th Congress, 1st session, no. 26, p. 95.
+
+[25] S. L., 1865, p. 313.
+
+[26] M. F. U., December 19 and 26, 1865.
+
+[27] See Jenkins' message to the legislature, M. F. U., December 19, 1865.
+
+[28] K. K. R., vol. 6, p. 320 (testimony of John B. Gordon).
+
+[29] Report of Carl Schurz on conditions in the South, made in December,
+1865. S. D., 39th Congress, 2d session, no. 2.
+
+[30] Report of Carl Schurz on conditions in the South, made in December,
+1863. S. D., 39th Congress, 2d session, no. 2.
+
+[31] Art. v, sect. 1, Sec. 1.
+
+[32] Art. ii, sec. 5, Sec. 5.
+
+[33] S. L., 1865-66, p. 6.
+
+[34] S. L., 1865-66, p. 234.
+
+[35] Before, the maximum penalty for rape, arson, and burglary in the
+night had been imprisonment for 20 years, and for horse stealing
+imprisonment for 5 years.
+
+[36] S. L., 1865-66, p. 232; 1866, p. 151.
+
+[37] _Ibid._, 1866, p. 150.
+
+[38] _Ibid._, 1865-66, p. 233.
+
+[39] S. L., 1866, p. 153.
+
+[40] _Ibid._, 1865-66, p. 239.
+
+[41] _Ibid._
+
+[42] _Ibid._, p. 240.
+
+[43] _Ibid._, 241.
+
+[44] S. L., 1866, p. 59.
+
+[45] J. C., 1865, p. 16.
+
+[46] _Ibid._, p. 17.
+
+[47] _Ibid._, 137.
+
+[48] S. L., 1866, p. 216. For the governor's message and the report of the
+committee to which the amendment was referred, see A. A. C., 1865, p. 352.
+For a further expression of public opinion, see Atlanta _New Era_, October
+19, 1866.
+
+[49] S. L., 1865-66, p. 315.
+
+[50] S. L., 1865-66, p. 14, and S. L., 1866, p. 143.
+
+[51] S. L., 1866, p. 219.
+
+[52] Report of Carl Schurz above cited.
+
+[53] C. G., 39th Congress, 1st session. Appendix, p. 1.
+
+[54] One of the Senators elect from Georgia had been Vice-President of the
+defunct Confederacy.
+
+[55] C. G., 39th Congress, 1st session, p. 2.
+
+[56] R. C., 39th Congress, 1st session, vol. ii, p. iii.
+
+[57] C. G., 39th Congress, 1st session, appendix, p. 82.
+
+[58] C. G., 39th Congress, 1st session, p. 915.
+
+[59] U. S. L., vol. 14, p. 27.
+
+[60] Trumbull's speech, C. G., 39th Congress, 1st session, p. 474.
+
+[61] R. C., 39th Congress, 1st session, vol. ii.
+
+[62] Senate resolution (by Andrew Johnson), C. G., 37th Congress, 1st
+session, pp. 243, 265; House resolution (by Crittenden), _ibid._, pp. 209,
+222.
+
+[63] U. S. L., vol. 14, P. 358.
+
+[64] _Ibid._, p. 173.
+
+[65] U. S. Senate Journal, 39th Congress, 2d session, p. 21.
+
+[66] C. G., 39th Congress, 2d session, p. 814.
+
+[67] _Ibid._
+
+[68] C. G., 39th Congress, 2d session, p. 251.
+
+[69] U. S. L., vol. 14, p. 428.
+
+[70] C. G., 39th Congress, 2d session, p. 1076.
+
+[71] U. S. L., vol. 15, p. 2.
+
+[72] _Ibid._, p. 14.
+
+[73] Mississippi _versus_ Johnson, 4 Wallace, 475; Georgia _versus_
+Stanton, 6 Wallace, 51; _Ex parte_ McCardle, 6 Wallace, 324, and 7
+Wallace, 512.
+
+[74] 7 Wallace, 700.
+
+[75] The _Federalist_, no. 43.
+
+[76] Story on the Constitution, chap. 41 (4th edition).
+
+[77] Cooley on the Constitution, p. 23 (4th edition).
+
+[78] Prize Cases, 2 Black, 687.
+
+[79] _Ex parte_ Garland, 4 Wallace, 333.
+
+[80] Archives of the Department of State, Washington.
+
+[81] C. G., 39th Congress, 2d session, p. 615. For other expressions of
+the same doctrine, see Cullom's speech, _ibid._, p. 814; Sumner's
+resolutions, C. G., 39th Congress, 1st session, p. 2; Sumner's
+resolutions, C. G., 40th Congress, 2d session, p. 453.
+
+[82] G. O. H., 1867, no. 18 and 104; 1868, no. 55; G. O. T. M. D., 1867,
+no. 1; 1868, no. 3 and 108.
+
+[83] G. O. T. M. D., 1867, no. 5.
+
+[84] _Ibid._, 1867, no. 20.
+
+[85] G. O. T. M. D., 1867, no. 50.
+
+[86] _Ibid._, 1867, no. 69.
+
+[87] _Ibid._, 1867, no. 83.
+
+[88] _Ibid._, 1867, no. 89. Also see Pope's Report, in R. S. W., 40th
+Congress, 2d session, vol. i, p. 320.
+
+[89] There is a slight inaccuracy in the official figures.
+
+[90] G. O. T. M. D., 1867, no. 89.
+
+[91] Georgia Constitution of 1868, art. i, sec. i.
+
+[92] _Ibid._, art. i, sect. xi.
+
+[93] _Ibid._, art. ii, sect. ii.
+
+[94] _Ibid._, art. ii, sect. vii, Sec. 10.
+
+[95] _Ibid._, art. i, sect. xxii.
+
+[96] _Ibid._, art. vi, sect. i.
+
+[97] G. O. T. M. D., 1868, no. 39 and 40.
+
+[98] _Ibid._, no. 76, 90 and 93. Also, E. D., 40th Congress 2d session,
+no. 300.
+
+[99] Pope's Report in R. S. W., 40th Congress, 2d session, vol. i, p. 320.
+
+[100] G. O. T. M. D., 1867, no. 1.
+
+[101] G. O. T. M. D., 1867, no. 10.
+
+[102] For the correspondence between Jenkins and Pope see A. A. C., 1867,
+p. 363.
+
+[103] G. O. T. M. D., 1867, no. 49.
+
+[104] _Ibid._, 1867, no. 45.
+
+[105] _Ibid._, 1867, no. 28.
+
+[106] _Ibid._, 1867, no. 69.
+
+[107] S. O. T. M. D., 1867, _passim_.
+
+[108] G. O. T. M. D., 1867, no. 53.
+
+[109] S. O. T. M. D., 1867, no. 92, 100, 104.
+
+[110] _Ibid._, 1867, no. 263.
+
+[111] These figures are compiled from the special orders of the Third
+Military District.
+
+[112] G. O. T. M. D., 1868, no. 22.
+
+[113] Ordinance of Dec. 20, 1867, J. C., 1867-8, p. 564.
+
+[114] Avery, _History of Georgia_, p. 378.
+
+[115] G. O. T. M. D., 1868, no. 8. Meade acted with the greatest courtesy,
+and the relations between him and the officers remained friendly. See
+Meade's letter to Jenkins, A. A. C., 1867, p. 367. The removal of the
+treasurer was a formality to preserve the appearance of due discipline;
+Jones was allowed to retain the money then in the treasury, and to use it
+in paying the state debt and other expenses of the state government. See
+his report to the legislature, Sept. 18, 1868; H. J., 1868, p. 359.
+
+[116] J. C., 1867-8, p. 581.
+
+[117] G. O. T. M. D., 1868, no. 12 and 17.
+
+[118] S. O. T. M. D., 1868, no. 112.
+
+[119] G. O. T. M. D., 1868, no. 39 and 57.
+
+[120] _Ibid._, 1868, no. 58.
+
+[121] _Ibid._, 1868, no. 51.
+
+[122] _Ibid._, 1868, no. 54.
+
+[123] _Ibid._, 1868, no. 57.
+
+[124] _Ibid._, 1868, no. 27 and 37.
+
+[125] G. O. T. M. D., 1868, no. 27, 55, 99, 123, 136, and 148.
+
+[126] M. F. U., Oct. 29, 1867.
+
+[127] Atlanta _New Era_, Nov. 16, 1866; March 13, 1867; March 19, 1867.
+
+[128] Testimony of John B. Gordon, K. K. R., vol. 6, p. 308.
+
+[129] Atlanta _New Era_, March 13, 16 and 30, 1867.
+
+[130] M. F. U., Oct. 29 and Nov. 5, 1867.
+
+[131] A. A. C., 1868, p. 309.
+
+[132] Testimony before the reconstruction committee, H. M. D., 40th
+Congress, 2d session, no. 52, p. 26. See also M. F. U., March 10 and 17,
+1867.
+
+[133] Tribune Almanac for 1869, p. 78.
+
+[134] U. S. L., vol. 15, Public Laws, p. 41.
+
+[135] See sects. 5 and 6.
+
+[136] The vote in Alabama on the adoption of the constitution resulted in
+favor of adoption; but less than half of the registered voters voted, and
+the vote was taken before the passage of the act of March 11, 1868, above
+mentioned. Excuse was found by the Republican leaders for waiving this
+irregularity. C. G., 40th Congress, 2d session, p. 2463.
+
+[137] C. G., 40th Congress, 2d session, p. 2859 (Trumbull's speech).
+
+[138] U. S. L., vol. 15, Public Acts, p. 73.
+
+[139] S. J., 1868. p. 3.
+
+[140] The Iron Clad or Test Oath, to the effect that the person swearing
+had never borne arms against the United States, or in any way served the
+Confederacy. U. S. L., vol. 12, p. 502.
+
+[141] G. O. T. M. D., 1868, no. 61.
+
+[142] S. R., 40th Congress, 3d session, no. 192, p. 38. See also C. G.,
+41st Congress, 1st session, p. 594.
+
+[143] G. O. T. M. D., 1868, no. 98.
+
+[144] S. R., 40th Congress, 3d session, no. 192, p. 7.
+
+[145] _Ibid._ See also H. J., 1868, p. 25.
+
+[146] S. J., 1868, p. 34.
+
+[147] H. J., 1868, pp. 36, 44.
+
+[148] S. R., 40th Congress, 3d session, no. 192, p. 8.
+
+[149] S. R., 40th Congress, 3d session, no. 192, p. 38.
+
+[150] _Ibid._
+
+[151] _Ibid._, p. 13.
+
+[152] H. J., 1868, p. 52.
+
+[153] G. O. T. M. D., 1868, no. 103.
+
+[154] G. O. H., 1868, no. 55.
+
+[155] H. J., 1868, p. 57.
+
+[156] C. G., 40th Congress, 2d session, pp. 4472, 4499, 4500.
+
+[157] H. J., 1868, p. 104.
+
+[158] C. G., 40th Congress, 2d session, p. 4518.
+
+[159] A. A. C., 1868, p. 312.
+
+[160] The most prominent of these was Ex-Governor Brown. He went as a
+delegate to the Republican National Convention in 1868, but in a speech
+there declared his opposition to the granting of political power to the
+negro. Avery, _History of Georgia_, p. 385.
+
+[161] S. J., 1868, p. 84.
+
+[162] Constitution of 1868, Art. xi, Sec. 3.
+
+[163] Irwin's Code, 1868, Sec. 1648.
+
+[164] Art. i, sec. 2.
+
+[165] This ingenious argument of intent was made by Bullock. H. J., 1868,
+p. 300.
+
+[166] White _versus_ Clements, Georgia Reports, vol. 39, p. 232.
+
+[167] H. J., 1868, pp. 242, 247. S. J., 1868, pp. 278, 280.
+
+[168] Irwin's Code, 1868, Sec. 121.
+
+[169] C. G., 40th Congress, 3d session, p. 3.
+
+[170] _Ibid._, p. 2.
+
+[171] C. G., 40th Congress, 3d session, p. 3.
+
+[172] Richard Taylor, _Destruction and Reconstruction_.
+
+[173] K. K. R., vol. 6, p. 93 (testimony of Augustus R. Wright); p. 274
+(testimony of Ambrose R. Wright); p. 236 (testimony of J. H. Christy); p.
+818 (testimony of J. E. Brown).
+
+[174] _Ibid._, vol. 7, pp. 812, 818 (testimony of J. E. Brown); p. 786
+(testimony of B. H. Hill).
+
+[175] _Ibid._, vol. 6, pp. 21 (testimony of C. D. Forsythe), 118
+(testimony of Aug. R. Wright); vol 7, pp. 988 (testimony of Linton
+Stephens), 1071.
+
+[176] _Ibid._, vol. 6, pp. 426, 440 (testimony of J. H. Caldwell), 108
+(testimony of Aug. R. Wright); vol. 7, p. 818 (testimony of J. E. Brown).
+
+[177] _Ibid._, vol. 6, p. 344 (testimony of J. B. Gordon).
+
+[178] C. G., 41st Congress, 2d session, p. 1929 (Trumbull's remarks).
+
+[179] Report of committee on reconstruction, H. M. D., 40th Congress, 3d
+session, no. 52, pp. 12 (testimony of Akerman), 27 (testimony of J. E.
+Bryant).
+
+[180] K. K. R., vol. 6, p. 107 (testimony of Aug. R. Wright).
+
+[181] K. K. R., vol. 7, p. 838 (testimony of C. W. Howard).
+
+[182] This statement is corroborated by the testimony of B. H. Hill, K. K.
+R., vol. 7, p. 767.
+
+[183] C. G., 40th Congress, 3d session, p. 2.
+
+[184] S. R., 40th Congress, 3d session, no. 192.
+
+[185] C. G., 40th Congress, 3d session, p. 27.
+
+[186] _Ibid._, p. 144.
+
+[187] _Ibid._, pp. 10 and 674.
+
+[188] H. M. D., 40th Congress, 3d session, no. 52.
+
+[189] U. S. L., vol. 15, Public Laws, p. 257.
+
+[190] C. G., 40th Congress, 3d session, pp. 934, 976. A precedent for this
+rule was found in the similar treatment of Missouri's electoral vote in
+1821.
+
+[191] C. C. 40th Congress, 3d session, pp. 1057, ff.
+
+[192] G. C., 1867-8, p. 567.
+
+[193] C. G., 41st Congress, 1st session, pp. 16, 18. The committee of
+elections reported on Jan. 28, 1870, that the Georgia representatives were
+not entitled to seats in the 41st Congress, having sat in the 40th. R. C.,
+41st Congress, 2d session, no. 16.
+
+[194] C. G., 41st Congress, 1st session, pp. 8, 263, 591.
+
+[195] U. S. L., vol. 15, appendix, p. xii.
+
+[196] W. A. Dunning, _The Civil War and Reconstruction_, pp. 226-228, 243.
+
+[197] S. J., 1869, p. 806; H. J., p. 610.
+
+[198] C. G., 41st Congress, 2d session, p. 251.
+
+[199] _Ibid._, p. 4.
+
+[200] H. M. D., 40th Congress, 3d session, no. 52.
+
+[201] S. D., 41st Congress, 2d session, no. 3.
+
+[202] _Ibid._ Halleck's annual report of Nov. 6, 1869, speaks to the same
+effect. R. S. W., 1869, abridged edition, p. 70.
+
+[203] C. G., 41st Congress, 2d session, p. 246.
+
+[204] U. S. L., vol. 16, Pub. Laws, p. 59.
+
+[205] C. G., 41st Congress, 2d session, p. 1710 (Lawrence's speech).
+
+[206] _Ibid._, pp. 165 (Carpenter's speech) and 208 (Conkling's speech).
+
+[207] C. G., 41st Congress, 2d session, p. 2062.
+
+[208] _Ibid._, p. 1710 (Lawrence's speech).
+
+[209] G. O. T. M. D., 1868, no. 90.
+
+[210] G. O. II., 1870, no. 1. This and other documents relating to Terry's
+administration are published in E. D., 41st Congress, 2d session, no. 288.
+
+[211] S. R., first Congress, 2d session, no. 58.
+
+[212] G. O. M. D. G., 1870, no. 2, 14, 16, 17.
+
+[213] S. O. M. D. G., no. 4, 5, 6, 8, 9, 11, 14, 17.
+
+[214] _Ibid._, no. 10 and 11.
+
+[215] H. J., 1870, p. 3.
+
+[216] S. J., 1870, p. 3; H. J., p. 7.
+
+[217] H. J., p. 17.
+
+[218] S. J., 1870., p. 26.
+
+[219] H. J., 1870, p. 3.
+
+[220] _Ibid._, pp. 19 and 21.
+
+[221] See also a letter from Sherman to Terry, published in K. K. R., vol.
+i, p. 311.
+
+[222] Judge Cabaniss in Atlanta _Constitution_, Jan. 8, 1870.
+
+[223] H. J., 1870, p. 9.
+
+[224] G. O. M. D. G., 1870, no. 3 and 4.
+
+[225] _Ibid._, no. 9 and 11.
+
+[226] _Ibid._, no. 9.
+
+[227] _Ibid._, no. 9 and 11.
+
+[228] Atlanta _Constitution_, Jan. 27, 1870.
+
+[229] C. G., 41st Congress, 2d session, p. 1926 (Trumbull's speech).
+
+[230] H. J., 1870, p. 22.
+
+[231] H. J., 1870, p. 23.
+
+[232] _Ibid._, p. 25.
+
+[233] _Ibid._, p. 26.
+
+[234] G. O. M. D. G., 1870, no. 10.
+
+[235] H. J., 1870, p. 33.
+
+[236] C. G., 41st Congress, 2d session, p. 208.
+
+[237] S. J., 1870, p. 74; H. J., p. 74.
+
+[238] See Bullock's message, H. J., 1870, p. 52.
+
+[239] H. J., 1870, p. 95.
+
+[240] _Ibid._, pp. 113, 156.
+
+[241] H. J., 1870, p. 106.
+
+[242] _Ibid._, p. 140.
+
+[243] _Ibid._, p. 121.
+
+[244] C. G., 41st Congress, 2d session, p. 576. For Sherman's reply see E.
+D., 41st Congress, 2d session, no. 82.
+
+[245] C. G., 41st Congress, 2d session, p. 1029.
+
+[246] _Ibid._, p. 1128.
+
+[247] S. R., 41st Congress, 2d session, no. 58.
+
+[248] Chicago _Tribune_, Dec. 7, 1868.
+
+[249] C. G., 41st Congress, 2d session, pp. 1570, 1704.
+
+[250] C. G., 41st Congress, 2d session, p. 1770.
+
+[251] _Ibid._
+
+[252] _Ibid._, p. 1988.
+
+[253] C. G., 41st Congress, 2d session, p. 2091.
+
+[254] _Ibid._, pp. 2820, ff.
+
+[255] _Ibid._, p. 2829.
+
+[256] _Ibid._, p. 4747.
+
+[257] U. S. L., vol. 16, Public Laws, p. 363.
+
+[258] H. J., 1870, p. 181.
+
+[259] S. J., 1870, vol. ii, p. 29.
+
+[260] _Ibid._, p. 50; H. J., p. 343.
+
+[261] C. G., 41st Congress, 3d session, pp. 527, 530, 678, 703, 1086.
+
+[262] S. R., 41st Congress, 3d session, no. 308.
+
+[263] C. G., 41st Congress, 3d session, pp. 871, 1632.
+
+[264] J. C., p. 14.
+
+[265] J. C., pp. 16, 17.
+
+[266] _Ibid._, p. 587.
+
+[267] _Ibid._, pp. 49, 53.
+
+[268] _Ibid._, p. 581.
+
+[269] _Ibid._, p. 75.
+
+[270] _Ibid._, p. 63.
+
+[271] _Ibid._, p. 84.
+
+[272] _Ibid._, pp. 581, 594.
+
+[273] _Ibid._, p. 68.
+
+[274] J. C., p. 583.
+
+[275] _Ibid._, p. 593.
+
+[276] _Ibid._, p. 591.
+
+[277] See J. C., 1865, p. 201 (speech of H. V. Johnson).
+
+[278] J. C., 1867-8, p. 90.
+
+[279] _Ibid._, p. 39.
+
+[280] _Ibid._, p. 47.
+
+[281] M. F. U., Dec. 24, 1867, Jan. 7, Jan. 14, 1868.
+
+[282] H. J., 1868, p. 294.
+
+[283] H. J., 1868, p. 303.
+
+[284] S. J., 1868, p. 326.
+
+[285] H. J., 1869, p. 5.
+
+[286] _Ibid._, p. 228.
+
+[287] H. J., p. 54.
+
+[288] _Ibid._, p. 260.
+
+[289] _Ibid._, p. 265.
+
+[290] H. J., 1869, p. 575.
+
+[291] _Ibid._, 1869, p. 618.
+
+[292] S. J., p. 806.
+
+[293] G. O. M. D. G., 1870, no. 9 and 11.
+
+[294] S. J., 1870, p. 39.
+
+[295] H. J., pp. 34, 40, 84, 88.
+
+[296] The complexion of the legislature when composed of the men elected
+in April, 1868, was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  22   |      73    |
+  |Conservatives|  22   |     102    |
+  +-------------+-------+------------+
+
+After the colored members were expelled and their seats given to the
+minority candidates, it was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  19   |      48    |
+  |Conservatives|  25   |     127    |
+  +-------------+-------+------------+
+
+After the reorganization of 1870 it was as follows:
+
+                 Senate. Lower House.
+  +-------------+-------+------------+
+  | Republicans |  27   |      87    |
+  |Conservatives|  17   |      83    |
+  +-------------+-------+------------+
+
+The figures in the second and third tables are based upon the changes
+produced only by the official transactions referred to. Perhaps some
+slight corrections might be made on account of accidental circumstances,
+such as the non-attendance or death of a few members.
+
+[297] See K. K. R., vol. 6, p. 149; vol. 7, p. 1062.
+
+[298] H. J., 1870, p. 156.
+
+[299] H. M. D., 40th Congress, 3d session, no. 52, p. 27.
+
+[300] Savannah _News_, Jan. 12, 1870.
+
+[301] H. J., p. 50.
+
+[302] M. F. U., Feb. 15, 1870
+
+[303] M. F. U., Jan. 25, 1870.
+
+[304] H. J., p. 343.
+
+[305] S. L., 1870, p. 62.
+
+[306] _Ibid._, p. 431.
+
+[307] Tribune Almanac, 1871, p. 75.
+
+[308] M. F. U., March 14, 8871; Atlanta _Constitution_, Oct. 26 and 31,
+1871.
+
+[309] Art. iii, sect. i, Sec. 3.
+
+[310] S. L., 1870, p. 419.
+
+[311] E. M., 1870-74, p. 197.
+
+[312] See entry of the secretary of state, _ibid._
+
+[313] Art. iv, sect. i,Sec. 4.
+
+[314] E. M., 1870-74, p. 198.
+
+[315] Atlanta _Constitution_, Nov. 3, 1871.
+
+[316] S. J., 1871, p. 17.
+
+[317] Atlanta _Constitution_, Nov. 2, 1871.
+
+[318] S. L., 1871, p. 27.
+
+[319] Art. iv, sect. i, Sec. 4.
+
+[320] H. J., 1871, p. 179.
+
+[321] For vetoed bills see S. L., 1871 and 1872, pp. 12, 15, 18, 27, 68,
+74. See also _ibid._, p. 260, and H. J., 1872, p. 25.
+
+[322] E. M., 1870-74, p. 277 (pardon of V. A. Gaskill); Minutes of Fulton
+County Superior Court, vol. J, p. 404 (pardon of F. Blodgett).
+
+[323] H. J., 1872, p. 25.
+
+[324] _Ibid._, p. 31.
+
+[325] K. K. R., vol. 6, p. 327.
+
+[326] Digest of tax laws, 1859, p. 11.
+
+[327] S. L., 1865-66, p. 253.
+
+[328] _Ibid._, 1866, p. 164.
+
+[329] _Ibid._, 1868, p. 152; 1869, p. 159.
+
+[330] B. L., p. 11.
+
+[331] C. R., 1870 (printed in S. J., 1870, part ii, p. 83).
+
+[332] C. R., 1870.
+
+[333] C. R., April, 1871.
+
+[334] C. R., April, 1872.
+
+[335] B. L., p. 9; B. A., p. 42.
+
+[336] Report of state treasurer Jones, published in H. J., 1868, p. 361;
+R. C., 1870; R. C., April, 1871; R. C., April, 1872.
+
+[337] S. L., 1865-1866, pp. 12 and 14; _ibid._, 1866, pp. 10, 11, 143.
+
+[338] Compiled from the financial documents above cited.
+
+[339] S. L., 1865-66, p. 250.
+
+[340] Compiled from the financial reports above cited.
+
+The enemies of reconstruction were fond of placing the state expenses of
+Bullock's administration in juxtaposition with those before the war.
+Contrasts truly horrible could thus be produced. But it was not a fair
+comparison, for the expenses in such circumstances as prevailed after the
+war and after the social revolution would naturally be larger than before.
+The expenses of many states besides those which enjoyed reconstruction
+increased largely after the war. _E.g._ the records of Pennsylvania show
+that "Expenses of Government" were--
+
+  In 1857      $423,448.89
+     1858       399,888.36
+     1860       404,863.41
+     1866       668,909.63
+     1867       802,878.58
+     1868       845,539.89
+     1869       804,730.17
+     1870       826,069.25
+
+Pennsylvania Executive Documents, Auditor's Reports, for the years named.
+In Massachusetts the "Ordinary Expenses" were--
+
+  In 1857      $1,236,204.26
+     1858       1,008,620.50
+     1859         999,899.76
+     1860       1,193,896.41
+     1866       6,877,720.85
+     1867       5,953,003.31
+     1868       5,908,678.48
+
+Massachusetts Public Documents for the years named.
+
+[341] C. R., 1870.
+
+[342] C. R., April, 1871, p. 14; C. R., April, 1872, p. 17; B. L., p. 13;
+Conley's message to the legislature, Jan. 11, 1872 (quoted in B. A., p. 6,
+and in K. K. R., vol. i, p. 141).
+
+Of these bonds 3,000, representing a debt of $3,000,000, were issued under
+a law of Sept. 15, 1870 (S. L., 1870, p. 10), authorizing the governor to
+issue bonds for various purposes without specified limit as to amount. The
+rest were issued under an act of Oct. 17, 1870 (omitted from the session
+laws, see Conley's message just cited), authorizing the governor to issue
+to the Brunswick and Albany railroad state bonds to the amount of
+$1,880,000 in exchange for bonds of the railroad to the amount of
+$2,350,000.
+
+In addition to the bonds already mentioned, bonds to the amount of
+$600,000 were issued under acts of 1868 (S. L., 1868, pp. 14 and 138.)
+These were not sold and were returned to the possession of the state
+during Bullock's administration (Angier's statement, K. K. R., vol. 6, p.
+162). Also, before the issue of $3,000,000 mentioned, bonds to the amount
+of $2,000,000 were issued (Conley's message cited). These were
+hypothecated with several bankers in New York. Some of them, amounting to
+$500,000, were returned and cancelled during Bullock's administration
+(Conley's message). The rest, amounting to $1,500,000, remained in the
+hands of the bankers. Conley stated, in January, 1872 (message cited),
+that these bonds had been replaced by bonds of a later issue and canceled
+during Bullock's administration, and had therefore ceased to be a claim
+against the state. This statement conflicts with three facts. 1. The
+bankers who held these bonds refused to return them after their alleged
+cancellation. 2. One of these bankers sold the bonds which he held after
+their alleged cancellation (Henry Clews, _Twenty-eight Years in Wall
+Street_, p. 277). 3. The legislature of Georgia repudiated these bonds in
+1872, which would have been unnecessary if they had been cancelled. It
+seems probable, therefore, though not certain, that this $1,500,000 should
+be added to the debt incurred by the reconstruction government.
+
+[343] S. L., 1868, title xvii.
+
+[344] _Ibid._, 1869, title xv.
+
+[345] _Ibid._, 1870, title xi, division vii.
+
+[346] Angier's statement, K. K. R., vol. i, p. 129.
+
+[347] Conley's message above cited.
+
+[348] It is to be remarked, however, that four of the roads whose bonds
+the state had guaranteed became bankrupt before 1874. See Poor's Railroad
+Manual for 1873-4, pp. 432 and 582; and for 1874-5, p. 426.
+
+[349] E. M., 1870-74, p. 449.
+
+[350] See the case of Hoyt, Minutes of Fulton County Superior Court, vol.
+I, pp. 371, 445.
+
+[351] Report of the investigating committee of the legislature appointed
+in Dec., 1871. Its report was printed in Atlanta in 1872. It is bitterly
+partisan, but a minority report made by a Republican admits, with humorous
+resignation, that the charges are true.
+
+[352] A. A. C., 1869, P. 305.
+
+[353] See K. K. R., vol. i, pp. 137 and 138. The statements are on pp. 11
+and 12 of the letter as published in Atlanta in 1871.
+
+[354] See Conley's message cited.
+
+[355] In the latter part of 1868 and in 1869 the governor paid to a
+certain H. I. Kimball $54,500 from the treasury. He paid this to be used
+in furnishing a building which was at that time occupied as the state
+capital. (Bullock's statement, B. A., p. 29.) There was no law authorizing
+this payment, nor was the state under any obligation to make it. The state
+bought the building in 1870 by an act of the legislature which provided
+that the $54,500 should be counted as part of the price. Thus Bullock's
+advance was ratified by the state. (S. L., 1870, p. 494.) This, however,
+does not change the character of the act.
+
+[356] See C. R., April, 1871, and April, 1872. Bullock was accused of
+indorsing the bonds of three railroads contrary to law. In the case of two
+of these (the Cartersville and Van Wert, or Cherokee railroad, and the
+Bainbridge, Cuthbert and Columbus railroad) he refuted the charge beyond
+contradiction in his address to the public of 1872. In the case of the
+third (the Brunswick and Albany railroad) he admitted that he had indorsed
+bonds before the road had complied with the conditions required by law,
+but said that he did it for the public good. (B. A., pp. 39-41.)
+
+[357] Atlanta _Constitution_, Jan. 3, 1878; Minutes of the Fulton County
+Superior Court, vol. N, p. 261.
+
+[358] _Ibid._, pp. 263, 273.
+
+[359] Atlanta _New Era_, Oct. 31, 1871. Printed as an appendix to B. A.
+
+[360] Appendix to B. L. (printed in K. K. R., vol. 7, p. 825).
+
+[361] K. K. R., vol. 7, pp. 767 and 780.
+
+
+
+
+STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
+
+EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY.
+
+
+VOLUME I, 1891-2. Second Edition, 1897. 396 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. The Divorce Problem--A Study in Statistics. By Walter F. Willcox, Ph.
+D. Price, 75c.
+
+2. The History of Tariff Administration in the United States, from
+Colonial Times to the McKinley Administrative Bill. By John Dean Goss, Ph.
+D. Price, $1.00.
+
+3. History of Municipal Land Ownership on Manhattan Island. By George
+Ashton Black, Ph. D. Price, $1.00.
+
+4. Financial History of Massachusetts. By Charles H. J. Douglas, Ph. D.
+(_Not sold separately._)
+
+
+VOLUME II, 1892-93. 503 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. The Economics of the Russian Village. By Isaac A. Hourwich, Ph. D.
+(_Out of print._)
+
+2. Bankruptcy. A Study in Comparative Legislation. By Samuel W. Dunscomb,
+Jr., Ph. D. Price, $1.00.
+
+3. Special Assessments: A Study in Municipal Finance. By Victor Rosewater,
+Ph. D. Second Edition, 1898. Price, $1.00.
+
+
+VOLUME III, 1893. 465 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. History of Elections in the American Colonies. By Cortlandt F. Bishop,
+Ph. D. Price, $1.50.
+
+_Vol. III, no. 1, may also be obtained bound._ Price, $2.00.
+
+2. The Commercial Policy of England toward the American Colonies. By
+George L. Beer, A. M. Price, $1.50
+
+
+VOLUME IV, 1893-94. 438 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. Financial History of Virginia. By W. Z. Ripley, Ph. D. Price, $1.00.
+
+2. The Inheritance Tax. By Max West, Ph. D. (_Out of print._)
+
+3. History of Taxation in Vermont. By Frederick A. Wood, Ph. D. Price,
+$1.00.
+
+
+VOLUME V, 1895-96. 498 pp.
+
+Price, $3.00; bound, $3.50.
+
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+$1.00.
+
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+Price, $1.00.
+
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+Price $1.00.
+
+
+VOLUME VI, 1896. 601 pp.
+
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+
+History of Proprietary Government in Pennsylvania. By William Robert
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+
+
+VOLUME VII, 1896. 512 pp.
+
+Price, $3.00; bound, $3.50.
+
+1. History of the Transition from Provincial to Commonwealth Government in
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+
+2. Speculation on the Stock and Produce Exchanges of the United States. By
+Henry Crosby Emery, Ph. D. Price, $1.50.
+
+
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+
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+
+1. The Struggle between President Johnson and Congress over
+Reconstruction. By Charles Ernest Chadsey, Ph. D. Price, $1.00.
+
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+William Clarence Webster, Ph. D. Price, 75c.
+
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+
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+Local Activity. By Robert Harvey Whitten, Ph. D. Price, $1.00.
+
+
+VOLUME IX, 1897-98. 617 pp.
+
+Price, $3.50; bound, $4.00.
+
+1. English Local Government of To-day. A Study of the Relations of Central
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+
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+
+
+VOLUME XI, 1899. 495 pp.
+
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+
+The Growth of Cities. By Adna Ferrin Weber, Ph.D. Price, $3.50; bound,
+$4.00.
+
+
+VOLUME XII, 1899-1900. 586 pp.
+
+Price, $3.50; bound, $4.00.
+
+1. History and Functions of Central Labor Unions. By William Maxwell
+Burke, Ph. D. Price, $1.00.
+
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+
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+
+4. History of the Theory of Sovereignty since Rousseau. By Charles E.
+Merriam, Jr., Ph.D. Price, $1.50.
+
+
+VOLUME XIII, 1901. 570 pp.
+
+Price, $3.50; bound, $4.00.
+
+1. The Legal Property Relations of Married Parties. By Isidor Loeb, Ph. D.
+Price, $1.50.
+
+2. Political Nativism in New York State. By Louis Dow Scisco; Ph. D.
+Price, $2.00.
+
+3. The Reconstruction of Georgia. By Edwin C. Woolley, Ph. D. Price,
+$1.00.
+
+
+VOLUME XIV, 1901.
+
+1. Loyalism in New York during the American Revolution. By Alexander
+Clarence Flick, Ph. D. Price, $2.00.
+
+2. The Economic Theory of Risk and Insurance. By Allan H. Willett, Ph. D.
+Price, $1.50.
+
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+VOLUME XV, 1901.
+
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+
+
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+unbound nos. 2 and 3) is offered bound for $43.
+
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+
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+COMPANY, New York, London: P. S. KING & SON, Orchard House, Westminster.
+
+
+
+
+Transcriber's Notes:
+
+Passages in italics are indicated by _italics_.
+
+Footnote 141 appears on page 51, but there is no corresponding marker on
+the page.
+
+Punctuation has been corrected without note.
+
+The following misprints have been corrected:
+  "consitutional" corrected to "constitutional" (page 12)
+  "conventton" corrected to "convention" (page 12)
+  "repudiaation" corrected to "repudiation" (page 12)
+  "and and" corrected to "and" (page 14)
+  "attitnde" corrected to "attitude" (page 22)
+  "acording" corrected to "according" (page 59)
+  "admendment" corrected to "amendment" (page 83)
+  "we we" corrected to "we" (page 87)
+  "reconstructien" corrected to "reconstruction" (page 91)
+  "circumsances" corrected to "circumstances" (page 93)
+  "expeditures" corrected to "expenditures" (page 101)
+  "iuterchange" corrected to "interchange" (page 106)
+  "hfs" corrected to "his" (page 107)
+  "polictical" corrected to "political" (page 108)
+
+Other than the corrections listed above, inconsistencies in spelling and
+hyphenation have been retained from the original.
+
+
+
+
+
+
+End of Project Gutenberg's The Reconstruction of Georgia, by Edwin C. Woolley
+
+*** END OF THIS PROJECT GUTENBERG EBOOK THE RECONSTRUCTION OF GEORGIA ***
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