Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-11-08
MCPher, on on the Organization
of Congress.


work to deviso excuses for dong IT, Audto
proside means Tor his own defense against
ia consequences. Mr.. Mcpherson, the Clerk
OF the House Of Representatives, has APP
paren,ly determined to prevent the admission
of southern members Of Congress to seats in
thu, BODY. lie has written, in advance,
Ieuer justifying the offence bo proposes 10
commit, and in procuring i,E ndorssment a,
the hands Of the party in power Backed by
40 solid force, !, appeats 70 him Of little
moment whether his conduct is right or wrong,
as he will. in his own opinion, be eaectially
shielded from the punishment be will deserve
while he may, Tor lew days, be holden pp as
a patriot Of no common brilliauoy, His let-
ter is as follows; tlaU agl
"In the several theories OF reorganization,
the controlling power in the premises Is var-
ously supposed TO be lodged sometimes IN the
prss;dent. sometimes IN Congress. The lat
Tor Il likely TO incline TO the latter view, and
in am, spent fs not likely 10 permit msmbsrs.
~ n, forosd info the House and Senate IN
! m in accordance pith the constitutional
J,,oranfy. those bodies Themselves hdoe pass.
| ed vpon the claims of the applicants Z 81
"But the law of the case is plain. II pro-
v;aes-in "A resolution bunghngly worded, but
nrepored and passed with direct reference to
sncb n contingency as an effort by tricky
clerk 10 food the House with illegitimate
n,embers-that the CleIk shall make roll.
and place thereon the names Of all persons,
! oplv ,rbose credentials hoD that they 1ere
r,gs iarju eleciedtiR accordance NTH the lars
| Of ihefr States respectirely or the taWs Of
| the United States.- Stat. al large, Vol NIL,
p s04.
"Dn this it is clear:
uFyrst; That no law OF the United States
authorizes the election OF Representatives in
any of the insurrectionary States
''Second That no law Of any of the States
authorizes an election held at The call of a
Provisional Governor, and from which large
numbers of legally recognized voters (the un
aworn rebels) are excluded
"How then can any names be placed on the
roll ms from tbese States z
The Clerk Of tho House Of Representatives
is simply IA ministerial officer. His dutes in
espect 20 tho organization Of Congress- con
sst in placing the names Of those whose cre-
| dentials show them to have been elected, up
on n roll, and in calling that roll on the 6rsI
day of the session. He is not, in any sense
n judicial officer. His discretion extends nc
farther than to acertain whether the creden-
tials presented to him are formally correct
II they are so, the persons accredited by them
are, in contemplation OF the Constitution
members of Congress, aud this independently
of the will Of that body, the President Of the
United States, ,or the Clerk of the House.
In this behalf the Clerk represents the au
thority of the House, Of which he is the ser
want, which-except in the case OF a con
tested election, or an mpeachment-bas nj
judicial authority to determine tho titles tC
seals OF its individual members The llous,
or the Congress, therefore, eau, collectively
confer no power upon Mr. Mcpherson which
be does not possess by virtue of his office o
clerk and even should ii attempt to do 30
the exelusion OF the Southern members, i
they are excluded, will be she act of the Clerk
the responsibility for which he can not cas-
upon another. ...r-g. ..sI
While Mr. McPherson is evidently deter
mined not to do his duty in the premises, b.
ia also evidently, derirous TO bring Congress
actually or apparently, into the position OF Al
accessory. What authority he, mere ser
want has to speAk for Congress, when h
says 1t rs not likely to permit members b
be forced into the House and Senate until, il
{ accordance with the constitutional guarant
those bodies have themselves passed upo
the claims Of the applicants, we do not un
/, derstandi but il Is enough to say that ii woul
be- hard to GRd it either in tho Statutes a
0 Large, or in the Constitution.
Whelhes the law Of the case is buuglinRl
= worded or otherwise, there is no difficulty !
q seeing by its lights precisely what are the d.
u ties OF the Clerk OF the House OF Represen
% tAlives. He shall make "rol He sha
= "plAce thereon the names Of oil persons, an
Of such persons only phose credentials sho
that they were regularly elected iu aeeor,
!, ance with the laws OF their States respective
t. ly, OF the laws of the buited States" Tn
Z is the roll Of Congress. This roll it is Il
duty OF the clerk to oOll lie has no discr,
q ton In making the roll none in calling it, n,
y does the law give TO Congress or to eth,
= branch OF it any additional directory pow,
:, in the premises.
l. Mr.. Mcpherson lays down two proposition
: which he declares TO be clear
. "FYrst That no law Of the United Stat
y authorizes the election Of Representative
% nnn Of Tho nrrnnlinnnru GInInn -