The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-09-05
g1aslrille 4niOtG.
Organizing the House.

Some time ago We repuDllshed let
ter written by Mr.. Wendell Phillips, in
which heexpressed alarm lest the Clerk
of the House of Representatives, Mr..
Mcpherson, might admit members from
recognized Southern States applying |
for admission. 1t appears that the Law |
governing the Clerk is SIS follows
The Clerk shall make a roll, and
place thereon the names of all persons,
and of such persons only, ioh0ss ersaeE-
fials Sh6a0 that Meg l0ere regularly elected,
n accordance loiM he lal0s Of their States
respectively, or The lasoS Of The United States
[stat at Large, Vol XII, p SO4.
It is stated that Mr.. Mcpherson has
given mis- opinion on this as follows:
lst That no law Of the United
States authorizes the election of repre-
sentstiyes in any of the insurrectionary
States.
ID That no law of any of the
States authorizes an election held at
the call of Provisional Governor,
and from which large numbers Of le-
gally recognized voters (the unswOrn
rebelsl are excluded
In the frat place, Mr.. Mcpherson as
sumes what is not true. None Of the
States have been out Of the Union
Congress spPortionted Representatives
amongst all of them, under the census
Of 1860, whilst the Southern States
were in rebellion-thus recognizing
them as in the Union and entitled TO
representation in that body-and no
law has been passed since altering their
status in this respect
In the second place, the elections for
Congress in the recognized States will
not. be made at the call OF the Provis
ional Governors, but by sovereign State
Conventions.
So Mr.. McPherson's positions will not
stand. 500
The New York Anti Slavery Standard
thinks differently. It says:
His views Of the law is undoubtedly
correct, and rs he pledges himself L
abide by the law, we thank him for hi
exposition Of it.
1t then goes on 10 say
But whether The President will thanh
him, We doubt Mr.. McPherson's view
of the obligation of Law are one thing
the Presidents may be quite another
We have shown that, in order to star
his North Carolina reconstruction eX
pertinent, the President deliberately
violated a law clearer than that which
Mr. Mcpherson quotes. He appointed
Mr. Holden Provisional Governor
knowing that he was incompetent T.
take the oath which he was legal.
obliged to take; and the President, il
order TO make him Governor, nullitie'
the law and dispensed with the oRtl
lie was willing 70 do that for the SAX
Of getting his recOnstructiOn polio
started viii he hesitate 10 do as niue
for the sake Of eDsuring its final su,
cess3 The dangers which MIR. Phillip
pointed out does not disappear in cor
sequence of Mr.. McPheTson's declar'
ton Giving that declaration ali cred
for sincerity, we cannot dismiss our al
prebension of an attempt by Tia
President to inTude his FecoI
structed members into the Hous
by some means. Suppose b
directs the Attorney General to give =
opinion of the law contrary TO Mr. 81
Pherson's-Will the latter be guided /
his own views, OF by those of the Col
stitutional legal adviser of the Pres
dent2 Andrew johnson is q man
great resolution; if he makes up Ia
mind that his reconstructed membe
shall take their seats in the next Co
gress, he viii not permit himself 10 |
thwarted without tremendous effOT
The vast influence and patronage of Il
Administration will be welded, il ne
essary, solely for the aCcomplishmel
OF The result, and we are by no meal
sure that even Mr.. Mcpherson won
be able TO resist the pressure At s
events 50 long as the President pc
sisls IN his policy, the danger continue
Vigilance, courage, and resolute oppC
itlOn, may save us the struggle Who'll
or give us victory when it comes; bat
blind confidence IN the faith Of q
Administration is simply an invitati'
10 disaster.
IL is not TO be expected that men
the stamp of the Editor Of the An
Slavery Standard, who have no rega
for the restraints Of the Constitution
the United States, will stumble in g
ting over law Of Congress-. But, !
shall be greatly astonished il they 81
coed in winning the President 10 the
side.