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 City Property. | Total 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]