The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-06

LOT peesAnG c0unsoHeW MONEY ana Wes bons 0S W 49,
place on Saturday last
The Clipper cotton factory Ut Woodbury. three miles
from Baltimore was totally destroyed by ncerdiary
fire yesterday morning The estimated at nearly
one hundred and fifty thousand dollars which the
insurance is between fy and SIXTY thousand dollars.
Congress and the Southern Representa-
y tives.
The determination Of the radicals to prevent
the admission of the representatives from the
States recently in rebellion into Congress is
daily becoming more and more apparent.
They are showing their teeth whenever and
wherever they dare face public opinion, and
are lodging around in search Of plausible
reasons to justify them in adopting such revo-
lutionary course. Appeals for humanity, future
party success, and various other schemes are
resorted to as cover to, or justification OF,
their intention to override the constitution.
One of their last lodges is the manipulation OF
the Clerk Of the last House Of Representatives.
The radicals it is asserted, have captured him
by making him their candidate for Clerk of
the next House.. He has no doubt been shown
that he cannot be elected IL the Southern repre-
sentatfges are permitted to vote during the
organisation of the House, and therefore sets
himself up as Judge and jury to decide who
shall and who shall not be admitted into
Congress. We shall soon see how much
truth there is in these statements and know
where he belongs II the reports be cor
rect, he has gone over to the revolu-
tionary Jacobin faction, and fE~-s "ofn the law
81 ..,,,ro b,~--...tiOn. The position which Mr..
McPheTson has taken, like all the opposition of
the radical faction to the Presidents restoEa-
ton policy, is totally untenable.. The mildest
term that can be used In reference to these
schemes is, that they are revolutionary.
The federal constitution is so explicit upon
the formation of Congress and who shall COM
pose it that it seems impossible to- place but
one construction up0n~it Even the law Of
Congress, which the radicals are citing as au-
thority to exclude the representatives from the
Southern States, directly upssts their theory.
1t declares that the Clerk shall place upon the
roll "the names of all persons, and Of such
persons only, whose credentials show that they
were regularly elected in accordance with the
laws of their States respectively, or the laws of
the United States" Certainly no one can for
a moment claim that person elected contrary
to the laws of his State shall be admitted to
Congress. Those who will apply for seats as
from the Southern States will
not claim admission upon any such pretexts.
They will come with their certificates signed
and certified to by the proper State officials,
showing that they have been regularly elected,
and the Clerk has no more power, even by the
law Of Congress, to 60 behind those certificates
rom Virginia than he has from New York--from
South Carolina than from Massachusetts If he
can, reject them from one State he-can from all.
Where is the law giving him. the power to
say that Governor Fenton's certification of
The election Of members is correct, and that
Governor Humphreys, Of Mississippi, is a
fraud? To attempt to carry any such decision
into practice would be direct violation, not
only of law, but of the constitution. Nor has
either house Of Congress any authority to make
any such decree. They have, it is true, the
right to 60 behind the certificate and examine
into the election in case of contestants but even
then the person holding the certificate is con-
,idered pri,md tacie member and acts as such,
until his contestant proves that he is not enti-
led to it. ue.ase
The question involved in the admission or
rejection Of the Southern representatives in
Congress is above and beyond all this. II is q
question that strikes at fundamental law, and,
in fact, the very point which our government
for during four years Of fierce war.
The Southern States claimed that they had the
right to secede from the confederation Of States
At pleasure, passed their ordinances of seces-
sion, and declared themselves ont of the
Union. The North held that they had no right
to seeede and set up for. themselves, but that
their efforts in that direction were simply an
insurection against the government, and at
once raised armies to queIli the rebellion. This
has been accomplished. On the suppression
Of the rebellion IL was found that the State
rectionisss. These we've all set one side by the
President, and Provisional Governors APP
pointed TO administer the laws, until the people
OF those States could elect officials for them
selves, in pursuance Of the laws which existed
prior 10 the attempt to rebel. This the South
ern people have been dsing. They have elected
members 10 their Legislatures in several Of the
States, and those bodies, as the constitution Of
the Uniaed States, explicitly empowers them to
do, have provided by law for the election Of
to Congress and elected
Their. Senators. All this is legal ami constitu-
tional. Now the Senator'S and Representatives
thus elected will apply to Congress, with GER
tiGcates signed by their respective Governors
and attested by the Secretary OF State, in their
respective States; and where Is the power Of
Congress to reject thems Where is the provi-
sion in the constitution giving them any such
power or jurisdiction, It is not 10 be found
either in the constitution. law, or precedents.