The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-05


g roll, and place thereon 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
Sta; g. Stat. at Large, Vol. XII, D. 500.
"On this IL il clear.
"Firsi: That no law Of the United States
authorizes the election Of Representative
IN any Of the insurrectionary States.
"eecond That no law Of any Of the
Ststes' authorizes an election held at the
call Of a Provisional Governor and from
which la-ge nunbers Of legally recognized
voters the unswoTn rebels) are excluded.
How IN can any names be placed on
the roll rs from these States p
In order that the legal and political re-
latlon Of this a. aerted determination Of Mr..
MCPHERSON msy be clearly comprehended,
10 all If bearings, we reproduce the act Of
Congress referred 10
" Be AZ snaofed By tie Senate and House Of
Representatives Of the United States Of
Azsericn - Congress GsscHI5led, That before
the f ST meeting Of the next Congress, and
Of every subsequent ngress, the ERIK Of
the next preceding House Of Representatives
shall make a roll Of the representative
elect, add place thereon the names Of all
persons. and az 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.
Approved, March 3, 1858"
We look in vain for any confirmation Of
the opinion expressed by Mr.. Mcpherson
that this act Of Congress is bunglingly
wOrded." On the contrary, il seems 10 US
as distinct and explicit as legislation can
well be. Congress has imposed uIOn its
clerk the duty Of making a roll Of the repre-
sentatives elect, and, BY way Of direction as
10 how that roll shall be msde up, has re-
quired its agent 10 place thereon the
I" nEmes Of all perfons whose credentials
show that they we're regularly elected in
I" accordance with the laws Of their States
respectively, OF the laws Of the United
States "
Il may be that this set Of Congress is i'm
polite and unWise; but that is a question
not open now 10 the clerk or 10 anybody
else. ID msy be, as abe Tribune says, that
this congressional legislation "forces upon
one sub rdinate officer Of the government
larger pc itical power than was ever welded
by President . but that is a suggestion TO
be made 10 Congress, by way Of repeating
or modifying the act OF a previous Congress,
end has uOthing 10 do with the manner In
which the clerk Is now to discharge the
duty imposed upon him. It is true that
persons whose nsmes sre put on the roll
viii "take part in the election of Speaker"
but Congress is assumed 10 have considered
and disposed OF that question WHEN il sent
the sct 10 the President for his approval,
and that Mr.. Lincoln also considered I'd at
point when he gave the act his signature.
IL is, therefore, mere partiBanship 70 hurl
epithets at those who cOustrue this act OF
Congress according TO its printed language,
and seek its meaning in the words used
therein.
IfMr. Mcpherson, in coming 70 a eonslu-
sion as 10 what the obligations Of duty re-
ouire of him in execution Of this act, looks
only 10 the statute, is guided only BY admit-
ted rules Of statutory construction, and
pushes behind him all partisan opinions
and theories, he cannot well fail 10 60 right;
but the very instant be begins TO consider
what the etiectO hiaacti0n is 20 be upon po-
litical parties, that instant he is IN danger,
aud is as likely 10 decide wrongly Is to de-
eide rightly.
Our opinion in respect 10 the legal inter
probation Of the sia ute before us is, Of
course. not binding upon the clerk, but vet
we feel perfectly clear that If, "be'ore the
first meeting Of the next Congress the
President declares the Ststes which have
been in rebellion, or any one Of them, TO be
reorgan.z d, officially proclaims the election
Of State officers, and designates who those
! officers are, then, il membsTs-elect from
those States present edenlals showing
that they have been ''regulsrly elected IN
/ accordance with ihe iai1S Of their States
| respectively" We cannot zee how the clerk
/ is 10 refuse 10 place their names upon his
roll.
The suggestion Of Mr. MCPHERSON (adop-
/ ted and indorsed BY the Tribunel that mo
! law of auy of the States author ICES an cleo
ton held Of the call Of = provisional gov
ernor. and from which large numbers Of
| legally recrgnizes voters (uusworn febe 81
are excluded, )" is startling, u goes 10 the
extent Of asserting that Tennessee, for IN
stance, Is MT and cannot be q State in the
Union under Mr.. Lincoln's and Mr. john
sons plan, because the initial point OF re
| construction IL in the act provisional
governor. II such l. 20 be the accepted
the ~ OF the dominant party m Congress
u puts an end 10 Ell hope OF making, under
Mr., Johnson's plan, the insurrecuonary
Siu IS 10 be States in the Union, equal
with the loyal States, because al Of these
| rebel States had basis Of reorganization in
the cali Of provisional governor.
II AR. McPherson entertained that opin
ION, and now sdheres 20 ID, the public must
. under the circumstances Of his candidacy
: Tor reelection, take the fact as convincing
testimony that he believes that a majority
OF the Republican members Of Congress arc
also Of 'hs ssme opinion. In such a condi-
2 tion Of things, any hope OF a re-established
| Constitution aud a restor d Union thereon
/ through the instrumentality Of the mex
. | Congress, - vain; IL the Republicans pre-
! vail ia New York in November, and We arr
Z 90 have, during the next two years, an,
10 more Il may be, violent, persistent, dis
L | "a bling Egitaiion throughout the countrl
- upon the question Cf reorganization. Thi
r agitation will necessarily check aud upse
y an business plans and operations base,
Z | upon domestic tranquility in the South.
I / will be the harbingur Of public disorder an'
s | calamity, hardly less violent than tina
b | through which the republic has already
3 passed.
! our readers have no reason to doubt whai
e. rre our own views upon this importan
e | public question. Our opinion rises 10 th'
p conviction that il the Republican patty pre-
# vail in this ection in the State Of Nev
n | York, they viii then Instantly turn al
q / their batteries upon Mr.. John on's plan q
\ restoration, and demand that the uncertain
: States shall be excluded from representa-
\ ton IN Congress. Everything in the 20 III
y cal atmosphere gives indication Of this
: toe continued existence OF The Republican
r organization demsnds IT,
n There may be conservative men IN tha
n party who have no inteDuon OF following
:. their associates into AN opposition to Nj
q Johnson's plan Of reorganization. But d
a The FIRST plsce, they are in 8 small minority
d and in the second place, they Will I'm
u themselves, IN the event Of al ruption iron
n the mass Of the Republican party; 80 isola
" ted and alone, IT they vo'e againrt the De
a mocrtcy next Tuesday, that rather tina
= seek rev associations they viii follow on, O
q the beck 81 radicaiism, b their own destruc
Il ti,n, and 60 the peril If the republic.
e In conclusion, We ask the Tribune % ~
, examine the act Of March, lSj3. ant tell "a
how 10 is "reyo ubonsry and despotic' f.
A, the clerk 70 obey the plain mandates Of N
law he hss sworn 60 support aud execute
~ World.