The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-11-08
COLUMBIA.
Wednesday Morning, Nov. 8, 1865.
The Next Congress.

The Next Congress.
From the tone vi Gic radical papers at /
the North, and from the strenuous efforts
now being made by the conservative press
in the same section to sustain the Presi-
dents restoration policy, it is evident that
there will be strong opposition to the ad-
mission of the members of Congress elect
from the Southern States. The following
is an Act Of Congress, approved Sd March,
1863:
Be 1t enacted by the Senate aud House Of
Representatives of the UnIed States Of A,'ee-
ricd in Congress assembled That before the
first meeting of the next Congress, and OF
every subsequent Congress, the clerk OF the
next preceding House of Representatives
shall mako Il roll of the representatives
elect, 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, the laws of tho
United States.
Notwithstanding this plain and pcremp-
tory law, the clerk of the former House
has avowed his determination to shut the
door Of Congress on the representatives
from the Southern States.
The New York 1'.ibunepublishes extracts
from this model and modest Clerk Here
is one:
'sBut the law of the case is plain. It
provides-in resolution bunglingly word
ed, but prepared and passed with direct
reference to such a contingency as an eff
fort, by tricky Clerk, to flood the House
with illegitimate members-that the Clerk
shall make roll, and place thereon the
names Of oil 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.'
[Stdt,deS at Large, Vol. XII, p. 804.
son this it is clear:
~'First-That no 'law of the United
States authorizes the election of represen-
tatives in any of the insurrectionary States.
s'Second-That no law of any Of the
States authorizes an election held at the
call of Provisional Governor and from
which large numbers of legally recognized
voters (unsworn rebels) are excluded.
Chow, then, can any names be placed
on the roll as from these States?"
We agree with the New York World,
that if, ssbefore the first meeting of the
next Congress-, the President declares the
States which have been in rebellion, or any
one of them, to be re-organized, officially
proclaims the election of State officers, and
designatcs who those officers are, then, if
members elect from those States present
credentials showing that they have been
'sregularly elected in accordance with the
laws oftheir States respectively" We cannot
see how the Clerk is to refuse to place their
names upon his roll
The suggestion of Mr.. Mcpherson, adopt
ed and endorsed by the T-ibtae,) that s'no
law OF any of the States authorizes an cleo
tion held at the call of n Provisional Go
vernor, and from which large numbers of
legally recognized voters Olnsworn rebels)
are excluded is startling. 1t goes to the
extent Of asserting that Tennessee, for in
stance, is not and cannot be State in the
Union under Mr.. Lincom's and Mr.. John
sons plan, because the initial point of re-
construction is in the act of Provisional
Governor. II such is to be the accepted the
ory Of the dominant party in Congress, it
puts an end to all hope ofmaking, under Mr..
Johnsons plan, the Southern States to be
States in the Union, co-equal with the loyal
States, because all of these States had a
basis of reorganization in the call Of a
Provisional Governor
Much VIII depend Oh the result of the
election held yesterday in New York. II
the Republican party has prevailed, there
is little question that it's leaders will then
Instantly turn all their bitterness upon Mr..
Johnson's plan Of restoration, and demand
that the Southern States shall be excluded
from representation in Congress. Every
thing in the political atmosphere gives in
dlcation Of this; the continued existence
of the Republican organization demands it.
Such is the position of affairs just now,
as we find it stated by many of our North
ern exchanges. On the other hand, we
publish the subjoincd extract from the
Washington correspondence of the Chicago
Times AS a general thing, this cores
nondent is unusually accuratr in his stntn