[General Orders No. 61.] HEADQUARTERS THIRD MILITARY DISTRICT, I. General Orders No. 52, issued from these headquarters, on the subject of eligibility to office, have reference only to the qualifications for holding office under the new constitution of this State, should it be ratified, and after the State should be admitted to representation in the Congress of the United States, as provided for in the reconstruction acts. II. The question having been submitted whether the members of the general assembly of this State, to be elected next week, will be required, before entering upon the duties, to take what is commonly called, the "test oath," the commanding general is of opinion that, inasmuch as said general assembly, should the constitution now submitted to the people of this State be ratified by them, and be approved by Congress, is required to convene and adopt the proposed amendment to the Constitution of the United States, designated as Article XIV," before the State can be admitted to representation in Congress, it may be decided that the members of said general assembly are, while taking this preliminary action, officers of a provisional government, and as such required, under the 9th section of the act of Congress of July 19, 1867, to take the "test oath." That oath is as follows: 66 I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended goverument, authority, power, or constitution, within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge or ability, I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: so help me God. By order of Major General Meade: R. C. DRUM, Assistant Adjutant General. Extract from the New Era, published at Atlanta, Georgia, April 17, 1868, in regard to the eligibility of General John B. Gordon for the office of Governor of Georgia. GENERAL JOHN B. GORDON IS INELIGIBLE TO THE OFFICE OF GOVERNOR, AND CANNOT SERVE IF Elected. We will proceed to demonstrate the above proposition beyond all doubt by reference to the reconstruction acts of Congress. The first section of the Sherman bill lays off the ten rebel States into five military districts. The second section makes it the duty of the President to appoint an officer of the army, not below the rank of brigadier general, to the command of each. The third section defines the powers of the military commander, and gives him authority to try citizens by military commission, &c. The fourth section provides that persons under military arrests shall be tried without unnecessary delay, and defines the powers of the military commander and of the President, in approving the sentences of military commissions. The fifth section provides for the assembling of a convention, and the forma tion of a constitution, and for its submission for ratification to the registered voters of the State, and contains the following language: And when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its legislature, elected under said constitution, shall have adopted the amendment of the Constitution of the United States, proposed by the thirty-ninth Congress, and known as article fourteen; and when said article shall have become part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and senators and representatives shall be admitted therefrom, on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State. A careful reading of the foregoing will convince any one that the legislature elected under the constitution must meet and adopt the constitutional amendment, and it must have become part of the Constitution of the United States before the State is entitled to representation in Congress. After this, the senators and representatives are to be admitted, on taking the oath of office, (the test oath,) and then and thereafter, and not till then, are the preceding sections of the act to be inoperative. That is, then and thereafter. the preceding sections which define the powers of the military commanders and establish military districts are to be inoperative, and the power of the military commander is to cease. In other words, then, and not till then, the military commander is superseded by the permanent State government. But his power is absolute till the permanent State convention is fully organized and accepted by Congress. This is clear when we examine the sixth section of the Sherman bill It uses the following language: "And 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, to abolish, modify, control, or supersede the same." The first section of the supplemental bill, passed on the 19th day of July, 1867, declares it to have been the true intent and meaning of the act of 2d March, 1867, (the Sherman bill,) that the government of these ten States were not legal State governments, and that thereafter said governments (if continued) were to be continued subject in all respects to the military commanders of the respective districts, and to the paramount authority of Congress. All this legislation, taken together, amounts to simply this: the governments of these ten States are illegal, but may, in the discretion of the military commanders, be continued, subject to his authority and the paramount authority of Congress. But the commander or the Congress may, at any time, set them aside, and make the government purely military till the State is reconstructed. The State is not reconstructed, and the military authority is not to be superseded till the constitution shall have been approved by Congress, and the legislature elected under the constitution shall have assembled and adopted the constitu tional amendment, and it shall have become part of the Constitution of the United States. Then the State is to have representation in Congress, on sending members who can take the test oath, and then the work of reconstruction is complete, and the authority of the military commander is at an end; but till then the government is provisional only. Then comes the ninth section of the act of July 19, 1867, which is in the following words: "And be it further enacted, That all members of said boards of registration, and 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 and to subscribe the oath of office prescribed by law for officers of the United States," which shall be as follows: "I, —, of county of and State of do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostilities thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority, hostile to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestie: that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: so help me God." Now, it must be borne in mind that there is no permanent State government, but only a provisional or so called State government in each State, till the above terms are complied with, and the State is admitted to representation in Congress. Then the power of the military commander is at an end, and the military districts created by the Sherman bill are at an end, and so declared by the fifth section of the Sherman bill, but not till then. Mark the language of the ninth section of the act of July 19, 1867: "All persons hereafter elected to office, in said military districts,' under any so-called State authority," are to take the test oath; and the language of the sixth section of the Sherman bill, that the government is to be provisional, or so-called, not permanent in these States till they are "admitted to representation in Congress," and that the section creating the military districts are to become inoperative, so soon as the terms prescribed are complied with, and the States are admitted to representation in Congress, but the military districts are to continue till then. And mark, further, that all persons hereafter elected to office in the military districts are to take the test oath, and who can doubt that every officer elected or appointed must take it so long as the "military districts" continue in existence, and there is a so-called State government, or, in other words, till we are readmitted to representation in Congress, and again have a permanent legal State government, recognized by Congress. Now, it is clear beyond all doubt that the legislature must assemble and adopt the constitutional amendment before the State can be admitted to representation in Congress. Till she is so admitted, the State government is provisional only, and the "military districts" are still in existence, and the military commander is supreme, and there is no permanent State government. During the existence of this state of things, and until reconstruction is an accomplished fact, every officer elected or appointed must take the test oath. The governor must be inaugurated, and the legislature sworn in, before they can act on the constitutional amendment, and there is therefore no escape from the position that the governor and the members of the legislature must all take the test oath. And as General Gordon was a lieutenant general in the confederate army, and voluntarily bore arms against the government of the United States, he can. not take it. He is therefore ineligible if elected, as are all other State and county officers who cannot take the oath already quoted. It may be said that many persons who are running for the legislature, and for county offices, on the reconstruction ticket, cannot take the oath. No doubt this is true. But we have assurances that Congress will relieve such as in good faith support the constitution and Colonel Bullock, the reconstruction candidate for governor, from political disabilities, which will enable them to hold the offices to which they may be elected. Those who oppose the constitution and the reconstruction candidate for governor, and thereby still show a rebellious spirit, will not be relieved, and will not be permitted to hold office if elected. All candidates for the legislature and for county offices would do well to consider this, and act understandingly. Congress will relieve its friends, but not its enemies. As long as the military districts remain, and the commanding general has control, the government is provisional, and all persons elected to office must take the test oath before they can act. General Meade has no discretion in this matter. He is bound by the act of Congress, that is superior to his authority, to require all officers elected or appointed in the military districts to take the oath. He has no right nor power to dispense with it. But General Gordon is clearly ineligible on another ground. He has not been a citizen of the State of Georgia six years, as is positively required by the constitution, and without which he cannot serve. When the war commenced, General Gordon was a citizen of Alabama, and resided in that State. He went into service in command of an Alabama company, and in an Alabama regiment. He was claimed during the whole war as an Alabama officer. He acquired no residence nor citizenship in Georgia during the war. His family spent most of their time in Virginia, but he had no home in Georgia. If so, where was it? No one can point it out. Whether he remained a citizen of Alabama or not, is not material. He did not become a citizen of Georgia, and had no visible home in Georgia till after the war, wher he engaged in business in Brunswick. Upon this ground, his ineligibility is unquestionable. If he is half as conscientious as the papers that support him pretend, he will never swear, if he were elected, (of which there is not the remotest danger, however,) that he has been six years a citizen of the State of Georgia. Then why vote for General Gordon? The effect is simply to irritate, to widen the breach, to show factious resistance to the will of Congress, which controls this whole matter. It seems to be reduced to a moral certainty that the President will be convicted by the Senate and removed from office, and that Senator Wade will take his place. Mr. Wade is a radical of the strictest sect Then, both the Congress and the Executive will be on that line. They have again and again, said these States shall never be readmitted till they form loya governments, composed of men who were loyal during the war, or who have been relieved from political disabilities by Congress since the war. Those who adopt, and in good faith support the reconstruction plan of Congress, may expect such relief, and no others can with any reason expect it. Then why elect men to Congress who cannot take the test oath, if they oppose the congressional plan of reconstruction? All know they will not be admitted. Ther election will be regarded as a taunt, an iusult, and will only widen the breach. Who believes that a radical President and a radical Congress, in reorganizing the government of a conquered State, will allow a lieutenant general of the rebel army to be inaugurated as the governor of the State? No reasonable mat can expect it. It will never be. Colonel Bullock can take the test oath. He accepts the congressional plan of reconstruction, and acts in harmony with the government. His election wil be satisfactory to the government, and will secure the speedy return of the State to all her rights and privileges in the Union. Under these circumstances, how can reasonable men doubt what is their duty! Will you vote for a man clearly ineligible to insult the government, or will you vote for a man who is eligible, and who can speedily restore your lost rights! HEADQUARTERS THIRD MILITARY DISTRICT, GENERAL: The Georgia convention, in its ordinance requiring the election of federal and State officers on the same days as the election fo ratification, provided as follows: "And Major General Meade is respectfully requested to give the necessary orders to carry into effect the foregoing provisions, and cause due returns to be made and certificates of election to be issued by the proper officers." This duty of issuing certificates of election was one I should never voluntarily have assumed, but unfortunately my attention was not called to it till after the adjournment of the convention, too late to have the ordinance modified and have the returns sent either to the president of the convention, as was the case in Alabama, or to a board of canvassers, as is provided in the ordinance of the Florida convention. The objection to discharging this duty is that it imposes on me the necessity of inquiring into the qualifications and eligibility of those officers who are not members of bodies competent themselves to adjust such questions-as, for instance, the governor. On the 3d instant a letter was handed to me by a committee of gentlemen, asking of me an expression of opinion, on a given statement of facts, as to the eligibility of the Hon. D. Irwin as a candidate for governor, to which letter I replied, giving my opinion, and stating that if a person with such a status was elected I should not feel myself authorized to permit him to take office. I considered that in view of the duty imposed on me by the convention it was due to the voters of the State, if I had settled opinions and would be governed by them, that I ought not to decline making them public in advance of being required to act, though I now regret I did not assume this position and decline. A copy of my letter in reply, and of the one of inquiry in the case of Judge Irwin, are herewith transmitted. The consequence of this letter was the withdrawal of Judge Irwin and the putting in nomination by another party of General Gordon, whose friends likewise addressed me a letter inquiring as to his qualifications under the acts of Congress. Finding General Gordon had never held office before the rebellion, and had never taken an oath to support the Constitution before entering the military service of the Confederate States, I considered he was not excluded by the 14th article, constitutional amendment, which, in my judgment then, and now, was the test by which qualification for office-holders was to be tested. Correspondence in the case of General Gordon herein transmitted. Finding the publicity of the fact that I had to issue certificates of election and to decide on the eilgibility of candidates was involving me in letters from almost every candidate, I thought proper to issue an order (copy herewith transmitted) announcing the parts of the reconstruction acts bearing on the qualifications for office, and stating what offices would be voted for. In preparing this order I advised with the assistant judge advocate general of the army on duty at these headquarters, whose clear judgment on such points has been of great assistance to me, and on which I have principally depended since being here. Since the nomination of General Gordon, his eligibility under the reconstruction laws has been impeached, on the ground that until the State is admitted to representation all government is only provisional, and that no one can be elected or appointed to office under any provisional government unless they can take the test oath. This point is very ingeniously argued by one opposed politically to General Gordon, as will be seen by reference to the enclosed extract from a paper published here. If this point is fairly raised, my opinion of April 4 and subsequent order are both wrong; but I am not disposed to acquiesce in its correctness, and for the following reasons: First, I am of the opinion, from a careful perusal of the several reconstruction acts, that the officers elected under the constitution framed in accordance with these acts were not considered or intended to be considered as provisional governments within the meaning of the term as used in section six of the act of March 2, 1867, nor are they to be considered "as elected under any so-called State authority," as referred to in section nine of act of July 19, 1867. They are elected to office under the authority of the reconstruction acts themselves, and are not entitled to hold office until all the steps required by said acts are fully complied with, and the only qualification for |