Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1865-11-11
Organization of Congress.

Germ. Mr.. Mcpherson is, it appears on
very good evidence, determined to bar the
door Of the House of Representatives
against The restoration of the Union
What measures may be taken in the case
by the Senate do not apper ; but the course
that we may apprehend in the House in
vests the whole subject with sufficient i'm
portance to eDtitle it to some thoughtful
consideration.
The rules Of the House Of Representa-.
,ives are good in law as far only as they
comport with lheaC Con stitution. Mr.. Nc.
Person, does not exercise the Office Of
judicial or legislative tribunal. Such .
supposition were ridiculous 4; his duties are
neither more nor less, as his title declares,
than those of clerk He is bound not
to declare, not to judge, not to enact,' but
simply to record The names of all the
gentlemen claiming 10 be Representatives
according to the apportionment of the CEN
sus, and sustained by the pr,nna tacia evi
denco usually held good in the case, the
Clerk is bound 10 enroll on the ground OF
an absolute right. He is not the judge of
their qualifications. That Office belongs
by law TO the House. In even the case of
seat claimed by two or more persons,'
the Clerk of the House Of Representatives
would be guilty of outrageous imperti-
nence In presuming to 60 behind the pre-
sumption Of the ordinary certificate of
election.
The powers of the House Of Represen-
tatives over membership in its body are
well defined. The fifth section of the
Constitution declares that "each House
shall be the Judge of the elections, returns,
and qualifications of its own members"
1t cannot abdicate, in the case of that ex.
press duty, in favor of its Clerk. A ma
jority vote of the body is necessary to give
effect to the decisions made under that
right of the Constitution. And this fact
assigns limits to the scope of those pow
ers conferred in the fifth section, on the
House Of Representatives. Prohibition is
certainly not embraced within that scope
for while expulsion requires vote of t,co-
thirds, the more peremptOry power cannot
be held derivabIe under the vote of only a
bare nsojority.
"The House Of epresentatives,' says
the first article of the Constitution, "shal
be composed of members chosen every
second year by the people of The several
Stiles" The States OF the South can
therefore, be no more excluded from the
floor of Congress than the States of the
West. If such right wero supposed tc
exist in the House OF Representatives the
majority on any subject could always car
, ry its purposes by the simple exclusion
from seats, of all the members of the mi
noEily The supposition is absurd, 200
in face Of the fundamental principle tha
the right of taxation vests in the right o
representation. As the presumption of /
power SO sweeping is clearly absurd, w
must conclude that the power actually con
ferred in The case is one whose application
is somewhat narrower.
The Constitution defines the powers Q
the House over individual members YER
clearly. That instrument sets them dow
as right Of judgment touching thei
"electaOnS, returns and qualifications. -
This is the sum and substance OF its al
thority over the three subjects oljudgmel
which constitute the whole scope of th
rights of the House in such cases, On
is a simple question of formulary. tt
'Sreturn" of the election of any memb,
Of Congress is open to examination, undt
ii, to the simple extent OF its regularit
and genuineness, A duly prepared cert
fcate in the usual form covers that poll
of the inquiry fully. The question toucl
ing Capitalization" must be conducted
the House within the limits of the Coz
stitution, and can, therefore, not excee
the inquiry. Is the Representative "twel
ty.lour years of age ?" has be "been se
en- yeais a citizen of the United States
ald was he, "when elected, an inhabtal
of the State in which he was chosen ~
The question of "return and of qualii
cation" is ruled by the Constitution with
in very narrow limits. The right of invee
tigation into the "election" appears ,at fir
sight, to open broad field Of inquiry
The fundamental law rules it, however
down to specific dimensions. In the sec
Ond section il conditions that "the electol
in each State shall have the qualification
reqs'ite for electors Of the most numer
ous branch of the State Legislature" Con
gress has, furthermore, authority to speci
fly, "lhe times, places, and manner ofhold
Jog elections" for Representatives aud /