Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-11-28
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TrTEl8 VIlRGINIAN.
uyyCuuuRa. NOVEMBER 2s, 1882.
uyNCuuuRa. NOVEMBER Is, 1889
THE NEXT CONGRESS.

frs, s,ages of its orcapizaiiop Il has been the
tom heretofofe,-though custom not sanctioned oy
the constitution 4 laws, and resting alone upon pre-
oedeni 1.-THE precedent itself being founded in conve-
nience for the Clerk Of the preceding House to
superintend its ofcarz,iion upon the opening OF
a new Congress- and this he does by calling over
the names OF the members elect he has been ena-
hled to collect them from The newspaper reports Of
elections As our readers may already be apprized,
the expediency Of this mode Of organization has
heretofore been called in question: from its liability to
abase but as no Inconvenience has heretofore beef
experienced has been up 10 this period scquiesced
in by the members. A case has nov arisen. however.
in which the old Clerk. if he be so disposed. may
alter the whole political complexion of the House.
by placing his roll members elect, five names
from New jersey, w o claim to have received ma
jory Of The al The last election in that State
and excluding five others, who have certainly
the best evidence Of right to the contested seats
in the certificate Of The returning c6fcer. We do not
say that Mr.. Garland will pursue this course. We
hope he will not as we are sure he will not unless
he deem the act dcfensblc and proper Bui,
leaving out Of view entirely his obg atoms, think
is lieh time that The House Of Representatives
had devolved this delicate responsibility upon ano-
Iher tribunals for ii is. in fact, making an E,-
Clerk the sole judge, FOR tho time being, of the quail
fcaons of members--and in that time, by the votes
Of persons improperly admitted TO seats, a Speaker,
CLERK and other officers may be cleo ted, and mea-
sures may be adopted, by minority Of the true rep
resentatives # the people, aided by the votes Of
Others who have no claim to that title whatever.--
And besides what right has an Ex-Clerk 10 assume
this duty a, all IT, upon the election ofthat officer,
he be superseded, his functions upon the in
sanl but what right has he to assume those func-
tons at all Clerk is elected to act during the
existence Of the Congress which elected him what
night has he upon the opening of ntr Congress, TO
pn, the robes OF an office. the duties Of which,
far he is concerned, ceased with the expiration Of
the official existence Of lis predecessor! II may be
said, that he bases his ght upon uninterrupted pre-
cedent. That might be good plea if ours were a
government Of precedents. But we utterly repudiatc
them. especially in like the present. where the
custom itself is one of courtesy and not OF obliga-
ten. We see the dangers TO which it may lead. A
Clerk may place upon his list The names Of members
who were never even voted FOR, to the exclusion Of
others, of VIII ose elect not the shadow Of doubt
is entertained for the purpose Of securing his own
election Which, having been effected, il matters We
ry little with him that his JUDI ment is subsequently
reversed, by the election iiom the Hall, Of those
whom he bad Improperly admitted, and the acknow
Iedgmcn Of the rights of those whom he had unjust
Iy excluded. Iii be said lha, such an act would no,
be tolerated, ask where is the remedy. if il be
in the denial of the Ex Clerk to ofciate AT all in the
organization OF n new Congress 1.-The has right,
for example, to say that the Ave Wing embers from
! New Jersey are not entitled to their seats, though
they carry in their pockets certificates Of their cleo
ton and that the Van Buren, claimants entitled TO
seats. though they have such certificates. what is
to hinder him from excluding any o'hcr obnoxious
member, in favor OF some other claimant whose po-
ltcal opinions personal preferences in unison
with hlsown' Suppose. for example, A.a Van Buren,
man, should presen. hnsefto the House with false
statement of the polls from a district in which B. a
Wing, was elected by decided majority, and de-
clare that although d had the Sherff's certificate.
he, A, was in fact eleced-would the Ex- Clerk have
Alright to set aside the certificate, and, relying upon
AS assertion backed bs his statement, enroll the
latter as member elect Vel this is precisely the
Nsw Jersey case-the five Wing members from that
State present their certificates to the Elk Clerk
while the five Van Buren, members present state
ment ofhe polls, purporting that at The last election
they received majority Of the votes, and that they
had oeen iraudulenlly deprived OF their certicaea-
by what evidence ought he TO be governrd--by the
certificate Of the returning officer, or by the in
terested statement Of the adverse party No one
can doubt that the former i. the best evdence-nsy.
that II 10 the only evidence in the case Yet If the
right Of the CLERK to decide, upon his mere
willy are al d who not members. be conceded,
is 1t not apparent that he may exclude, is he peases
at least until bis reelection shall have been Sc
cured, the actual representatives, aud admit to seats
men who may not only not have received major.
y Of the votes, but who may absolutely mover have
been voted for at oil =!
These remarks, i wi, be seen, have reference
exclusively to the abstract right of the Ex-Cerk to
assume aud exercise the pre,ogave in question:
They have no bearing upon the merits Of the New
Jersey case at all They only determine ,ha, the
Ex-Clelk has no ,gh; to a1udoate the question aud
TO decide between The contcsting and the returned
members, IN adraaee Of The House, with which, in
tact,he has 10 official ctou, and over which in
the preliminary stages Of its organization h. has bet
heretofore permitted to preside by courtesy.
The same arguments, except so Car as the rinM
10 decide Tie question ultimately, Is involved are
| applicable To the action Of the House i,.rlc w.
do not deny nsright, of course, to determine upon
| tue eligibility Of its membe rs-but we do contend
| mat II cannot, IN the inciprnt stages of the IN