The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-29

the New Law OF the House organize
tion, for the Clerk.
The act Of Congress Of 1858. providing .
new oath for "svery person elected or ap-
pointed to any Office Of honor or emolumsnt,
civil, military or naval, or any other depart
ment Of the public service" appears to be
regarded a. an impossible obstruction TO most
II not all of tho members that may be returned
In December next from tho late rebeliious
StateA This new oath requires them to swear
that they have "never voluntarily borne arms
against the United States" nor voluntarily
given aid, countsnance, counsel or encourage
ment to persons" engaged in hostility to the
government; "nor sought, nor accepted, nor
attempted to exercise the functions Of any
ONCE whatever under any authority or pre-
tended authority in hostility to the United
States" &c.; and the opinion naturally fol-
lows, that of the citizens Of the late rebellious
States competent to fill the post of member
Of Congress or likely to be elected to I'LL 1t,
very few will be able to meet the requirements
Of this oath. C
What, then, Is to be donef Some of the
citizens of Charlottesville, Va, have appealed
to President johnson for information upon this
point, and the Attorney General of the United
States, to whom the matter was referred,
replies that he is instructed by the President
to say that Hhe has no more means Of knowing
what Congress may do in regard to the oath
about which they inquire than any other
citizen; but it ia his earnest wish that loyal
and true men, to whom no objections can be
made, should be elected to Congress" In
other words, the President responds that the
two houses of Congress have absolute authority
over this matter, and that the wisest
course on the part of the people of the
Southern States who desire a restoration to
Congress is to elect men as their representa-
tives against "whom no objections can be
made" This is good advice, in view Of the
fact that most of the candidates up for Con-
gress in Virginia at present appear to rest
their claims for popular support, very un-
wisely, upon their services in the cause of the
rebellion.
But let us suppose that all the Southern
States by the first Monday in December next
will have elected full delegations to Congress
awaiting their admission into the House of
Representatives, will not the power of their
admission or rejection depend upon the Clerk
holding over from the last Congress3 Is he
not bound, in reading the roll, to CALL and ad-
NIT to the election of the Speaker, the MEM
bers of every State presenting their credentials
of election in due form? He is 80 bound; but
the due form in March, 1868, to guard against
possible accidents during the war, was defined
in special act of Congress, which provides
that "before the first meeting of the next Con-
gress, and Of every subsequent Congress, the
Clerk of the next preceding House of Repre-
sentatives shall make roll Of the representa-
tives elect, and place thereon the names Of all
persons, and Of such persons only, whose Gre
dentials show that they were regularly elected in
accordance with the laws of their States re-
spectively, or the laws of the United States"
This is the law governing the Clerk of the
House, and it must be remembered that, holding
over from the last Congress, he will be the pre-
siding officer of the House until Speaker is
elected. Will this law prevent the Clerk from
admitting to the election Of Speaker the
members who may present themselves from the
late insurgent States? 1t rests with him to this
extent, to determine whether they will have
been regularly elected, in accordance with
the laws of their States respectively, or of the
United States" It strikes us that there Ia
nothing in the law to prevent his deciding in
favor of the Southern members; but az
i TIE Clerk who will have to settle this
preliminary difficulty, Mr. Edward MCPHERSON
| of Pa, was elected by the last radical repub
lican House, bis decision in the line suggested
may be considered doubtful. He may have Q
golden opportunity for brilliant coup d'eta
in support of President Johnson in the election
of the Speaker; but much will depend upor
the number of members elect present in the
Capitol on the first Monday in December from
the Southern States. Let those States push for
ward their Congressional elections, so as to b.
able on the first Monday in December to pre-
sent their full strength at Washington, and the.
may perhaps be admitted on the roll of thu
Clerk, and WELD the balance of power in thu
election of Speaker
In this view we assume that there will be
considerable number Of conservative republi
can members who will be prepared to supper
the policy of President johnson against that o
the abolition radicals. Thus conservative
Speaker of the House may be secured, ant
then any little difficulty Of swearing in tn
Southern members, upon the new oath Q
Office will be easily surmounted upon the alb
solution of President Johnson's pardons ant
amnesties. That such a course will be agree
able to the President we cannot doubt; and W
think 1t very likely that at the threshold Of tn
new Congress this test will draw the line be
tween the supporters and the opponents Of hi
Southern reconstruction policy. In this connec
ton Mr. Edward Mcpherson, the present Clerl
of the House, may play leading part in on
Of the most important political revolutions o
the nineteenth century, by recognizing in hi
| roll of the House. the programme Of And