Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-07-14

was Of very instructive and interesting GUAR
aeser, and vas participated In for the most part
bysli.sszs Benjamin Of La, and Mason Of Va,
beaas occasional remarks from several other
saiatora.
IL. Benjamin led OF By reading the frst Sec
tida Of the first article ofthe Constitution, read
iagthus:
can Iegislative powers herein granted shall
be.yestsd in Congress Of the United States,
which shall consist Of Senate and House OF
Representatives"
He then referred to the second section as pro-
yiding for the mode Of constituting the House of
RopresentatiEes-where II is said that "the
House Of Representatives shall chose their Spea-
kerr He then pct the question to Mr. Mason
IS 70 Whether or no he supposed there was no
House Of Representatives unless every member
elected was present or that no other than ma
iolitty Of the members elect could choose aSPea-
kerr He farther said that it was never yet so
preterded, thata majority Of 4 quorum could
not choose Speaker; that the Senate had new
er failed to choose presiding officer by ma
iority Of quorum because that by the COnsti-
tuition = QUORUM constituted the Senate; that,
in constitutional language, the Senate must be
either quorum of the Senate or the entire
number Of Senator's who are to be elected; that
thrust be one or the other. Accordingto Sen
stor Mason, the Senate, when it had quorum,
was the Senate-but IVES so no longer when the
question REQUIRED, 'shsI this bill pass? 2" BY
the very terms Of the Constitution it is that bo-
dy which passed it that is to pass it the second
time-to nit: the quorum that passed it the
first time It is q mere question of reconside-
ration. The argument which refers to a clause
of tho Constitution prescribing the power of the
Senate to ratify treaties, proves nothing. 1t has
nothing to do with the subject Mr.. Benjamin
further added that by negative process the in
tention of the fathers of the Constitution could
be ained at; as in the amendment providing for
the election of Vice President As this was
matter Of peculiar importance-an extra leg
islative step-those who framed the amendments
to the Constitution, required that quorum in
this case shall consist Of twOthirds, instead of a
bare majority.
The amendment first provides that from its
two highest numbers on the list the Senate shall
choose Vice President" Now, if it had rest
ed here, {. majority Of quorum could have
chosen the Vice President But it goes on
"a quorum for this purpose shall consist of
two-thirds of the whole number of Senators,
and majority of the whole shall be necessary
% constitute choice" Mr.. Butler said:
/ maintain that the word "two thirds" as
used IN the Constitution, has different imports.
/ cannot be mistaken in that l ask the Sena-
from Louisiana whether the Senate and
House Of Representatives have the faculty of
proposing amendments to the Constitution with
out the concurrence Of two-thirds of the mem
beFs by election constituting those two bodies?
VIII the Senator from Louisiana pretend to say
that thirty-two Senators, being majority or
quorum Of this body, can, by vote of twenty
two of their number, propose an amendment of
the Constitution? The Constitution has very
different purposes in the various clauses i'll
which it uses tho word "two-thirds." For the
purpose of organization majority must neccs'
ssriiy put into existence the body which is to
go into operation under the Constitution. For
the purpose of organization, grant majority
may be quorum; for the purpose of doing or
binary business majority may be sufficient;
for the purpose of passing upon treaty, IN the
express language, the guarded language, and the
limited language Of the Constitution, two-thirds
of the Senators present must concur. In one
sense, two-thirds Of those present form a
competent body; in another sense two-thirds
Is not competent body for the purpose of COM
plying with the import of the Constitution.
Mr. Thompson Of KY. Said:-I never heard
ry-of the Government 1t seems to inc to be a
singular one. Tho Constitution says that when
the. President vetocs bill.he shall return 1t to
the House in which it originated, and that two
thirds of that House shall be required. This
expFession &c ei terNaini by the force Of the
words, it seems to me, implies-and no court
would entertain a doubt about-that the House
meant is q legislative House, voting House. q
House that can do business. Some States have
not two Senators here; others are sick; some arc
absent. Those who are here, If they are quor-
um, are competent to do business. House, a
voting House, consist of those who can do bnSi-
ness. Two-thirds Of those who can do business
is what tho Constitution requires. No other in
depreciation, It seems to me- car Toe rational. Any
other construction would lead to the absurdity
manifested By the figures which have already
stated. do not think the fathers of the Con-
stituticu ever contemplated any such thing.
CioIlbt believe the doubt was ever raised before.
Nc. ToOmbs.-ArSumentsw which are not foun-
Ged on principle are always dangerous, and mono
aresfnoFe SO than those which resort to the re-
dscsio Gd absurdHm. The Senator from Ken.
lucky says that ifyou require two-thirds of all
the members and one man Is lacking that man
has all the power. That Is very easily answer
ed II you require two-thirds Of quorum and
YOU lack ono man of that one man has all tho
power. There is an end Of his argument
Whether two-thirds fthe whole number crtwo-
thirds Of quorum be required, if one man is
LACKING, LnoI tnAn mas power. 4ueIS Is
hs.answsr to the Senator's reiuctio Gd absGr-
dun.
On ordinary principles, according to the argu.
Inent of the Senator from Louisians, two-thirds
of tho same House which passed the bill would
be all that was requisite; but when we take into
consideration thec otempo exposition and
the action of the convention Iconeur with the
Senator from Alabama that there is at least
doubt, and being always in favor of restraining
the legislative power, knowing it to be unsafe as
universal rule, shall concur with him and
vote with him. 80 b -.a55s
Mr.. Crittenden :-Whenever there is qucs-
zion of doubt between the Executive power of
the Government and the Legislative power of
he,Goyernment my principles teach me to lean
in favor Of the Legislative department. By the
restriction, as Il Il called on our power, we aug