National Republican., 1877-10-12
THE ROLL or THE HOUSE.
A Letter from Hon. Edward McPherson.
LsIIINo1n. DnI IN laII

Letter rom Hon. Edward mCfherson.
wAsHINGros, Oct. 10, 1877.
EDITOR NATIONAL REPUBLICAN; You
refer in your paper of this day to the general
powers Of the Clerk of the HOUSE of Representa-.
tvcs under the law to make up the roll aud to the
action Of the Forty-hrst Congress on that subject
during my incumbency Of the clcrkshp On that
point beg 10 say in explanation few words.
In the nature Of things, the action OF the Clerk
Of the House in making up the roll ofa new Con.
grcss Is an exceedingly delicate duty. For long
period of time there was no law regulating Its ex:
ercise. One was finally made In 1863, and amended
In 1867, which
PREscRIBEs AND LIMITS THE POWER
Of that officer Ills duty is to" make roll Of the
Representatives elected and place thereon the
names Of those persons and OF such persons only
whose credentials show that they were regularly
elected in accordance with the laws Of their states
As this Is a law OF limitation upon the powers OF
the clerk ! always construed II strictly drains,
siS Whsn Se P%pta
law, which did not set forth the facts required by
law l 3vclrned TO recognize 1t. When 1t did so set
Il not deemns that had any authority 70 qpes.
ton any the rccitals of fact in the paper when
duly executed by the proper officers OF the state
WHERE THERE WERE TWO CONFLICTING GRE
DENTIALs
from two persons, each claiming to be Governor, I
both, except where the body had previously settled
the question. The ground Of such action is that in
act He cannot assume judicial powers, because,
among other reasons, he has no means OF inyesti-
eating and asccriaining the facts on which judg.
bound by the recitals Of the proper certifying off,
Ger. In exercising this power as frequently de.
clined to accept credentials from persons Of one
The roll having been made, held It, as made to
be the legal roll. declined TO entertain motions
to correct 1t on the ground that such correction
Is IN the nature OF other business and tho law Of
1850 this subject clearly implies that previous to
the election Of the Speaker and the swearing In OF
the members
'THE HOUSE SHALL ENTER ON NO OTHER BUsI-
MESS"
correction of the roll Is in the nature Of "other
business" and the Clerk held that as question Of
pFScedpSTe be could not proPerly entertain T.
that the action Of the Clerk in any given case was
unlawful or partisan or arbitrary or unjust, II had
elect a Speaker, which act would necessarily in.
volvc the entertainment of desired motion To cor
| rect. On no occasion. however, during my Clerk.
ship, did the, House take action. and the roll as
| originally made stood
In the Forty.tirst Congress there was considerable
excitement growing out Of the contest 20 iSs between
vania districts and the Georgia and Louisiana
members Neither Of these parties had crcdcntal
| emitting his name to be enrolled. The Governors
Of those States in preparing those papers declared
| the result In such form as to exclude the parties
from the roll, Of tChich ct thy tcc informed in adj
T Il aHy % nnstiSs g % was thereby done the response
bllity was not with the Clerk. who refused to cx
tend his discretion beyond the proper bounds fixed
| hy law, but with those officials who, with apparent
purpose, executed and maintained conspicuously
defective papers. The violent language used BY
some Of the mt mbcrs Of the House ut the time did
did disturb me. for II grew out of ignorance of tn,
controlling facts, misconception of relative right
| and powers, and n passing excitement which
blinded them to calm Judgment felt confden
| that they would all live to be ashamed Of it, rs
| know some OF them did.
Very respectfully yours,
| EwD. MCPHERSON.