whether the names of members elect
from the late rebellious States would be called at the opening of the
session. If this should be done, the first step would be gained by the
Representatives of those States toward holding seats in Congress to
which the majority at the North considered them not entitled. It had
even been intimated that the color of constitutionality which they
would gain from recognition by the Clerk would be used to justify an
assertion of their claims by force. What the Clerk would do, as master
of the rolls and presiding officer of the House, was not long in
doubt.
The Clerk proceeded to call the roll of Representatives elect, while
the subordinates at the desk took note of the responses. He called the
names of Congressmen from the States of Maine, New Hampshire, Vermont,
Massachusetts, and so forth, in a certain order which had been
customary time immemorial in naming the States. In this order
Tennessee had place after Kentucky and before Indiana. When the name
of the last Representative from Kentucky had been called, the decisive
moment arrived. The delegation from Tennessee were on the floor, ready
to answer to their names. The Clerk passed over Tennessee and went
direct to Indiana. As soon as the first member from Indiana had
responded, there arose a tall, black-haired, dark-faced figure, that
every body recognized as Horace Maynard, of Tennessee. He shook his
certificate of election at the Clerk, and began to speak, but the
gavel came down with a sharp rap, and a firm, decided voice was heard
from the desk, "The Clerk declines to have any interruption during the
call of the roll." The roll-call then proceeded without further
interference to the end. When, at last, the Clerk had finished his
list of Representatives and Territorial Delegates, Mr. Maynard once
more arose. "The Clerk can not be interrupted while ascertaining
whether a quorum is present," says the presiding officer. The count of
the assistants having been completed, the Clerk announced, "One
hundred and seventy-six members having answered to their names, a
quorum is present." Mr. Morrill immediately moved that the House
proceed to the election of Speaker. "Before that motion is put," said
Mr. Maynard, again arising. The Clerk was ready for the emergency, and
before Mr. Maynard could complete his sentence, he uttered the
imperative and conclusive words, "The Clerk can not recognize as
entitled to the floor any gentleman whose name i
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