Washington telegraph., 1864-09-28
OPINION.

TIE Constitutional nu-stia- O wish ou-
opinion is asked i', brisf. tiir Whnfhrr the
Houses OF the General Assembly ran orr-rniz-
and proceed tn-the husi2sss q. iarisla'icu III ~
k3r-sNnt condition of ths STATE, thr Sang;- with
1ss than seventeen ma,nb rs wv thr House of
Y representatives with Teas than Gfiy-nra?
The Constitution 6x@s tue number Of $ .'.-'Ors
az not l-ss than TWENTY-FIVE nar Ir,-r than
thirty-fve; and that cf Representative at rot
less than seventy fiv-. rrr more then ere hmm
drod. and provides - iollJns in rsE-ra IN \
quorum Of each hogso:
"Two-ihiris of elch Hir.r shall -1ss.i.uta 4
quorum to do business; but small number
mSy adjourn from day IN d-r. and rnuir-l the
attendance Of absent members"
There are sevr0tv-six m-iabar- of .h- Il rus-
RpportiOn"d am lpr the aiTaTrn. cpHntita Fifty
one members aTa therefore r-r vi r-, fn .uv.lt-ft.
quorum. If the rrpres utaiives of III the eoun-
ties ere - be considered. unl.r present ci-rum-
stances, As members; majority of whom or
wenty-six voting Tor 3 bill, j viii pas, tie
House.
The counties north M th, hrkana-- river.
wi'h three or more sou.h ii H. msv - cousid-
errd ss within The lines Of tho Frdrrrl arnv.
which also holds rho Cnnit-l gf th- State
These counties nAfisy-twn. ont offhr s-vont y
six members, 20 jssStou.e Of Representative.
Persons climin< to represent nalt MI the
State, som" months sin IVY mHt iu Convention al
Little 10 X, under Tho protsc ion 81 tho enemy :
arms. and p-onllE2 81 ~ll-t ii claimed O. M u
a nrw Constitution tor thh State. -nd sat nn
io3s : E3yrlnm MT which claims a aerr-ise thr
powers o. goysrnm nj o. ans state. A LsEis-
stufc setting under =. ir- enn.t-i laws which
i p-rSoa as Gov ruor administers; ana other
persons rho sg5mit - that gov-rrri 'li tayc 81
tempted 10 Obtain seats il fla CIurrrs4 nf fh-
Unied States az Senators aRI RspF a-ntirn1.
II thesc count OF tn state over wai-h fh-
Fsl--A! power eXtsnls are unrrprcaeuted In
fft4 81 -a -an NJ 4F aN..
snolia be quorum IN tie H0g=c or Ssna.e:
aad IN pant Uf a.;, th-rs are present l.ss than
Hiy Acpreseuissiy =.
Tue lsagnace 81 10, Constitution IL regard
TO WHIST uunOcr shlll ccus-iiate g quorum. l.
go p..i4 ani precise ~ Admit 1i ti- application
at any fH!- Of construction or Interpretation. III
j. n cardiua. iBciptr IN gard Is ali iu.trr-
nieuis, thot who're the Iaaeagt ia plain aud
unambiguous, there u uD rlrln fHr c0nHtrH-ti1n.
W. rvuii nof C"as-.I.t-ia add 10 this p. q Sibis
piiacip.' OF Jaw, tue publication, that 10 exclude
construction and int=TpEl tAtiOu. tha iamEnara
must not only b. pl3il and uaaElh-uoGs. Jut
the condition OF things must remain the sam.
"a at tEe tinie OF nasing the instrument The
principle OF law are gt.Enal anl immutallr.
fne eAigenei-s of necessity arc only for the day
To-Ino row, these disappear as she mis-; bur
thr principles remain. like the stars.
Tee question does not seem to a. to be ono oi
conslruc.ioss. by tlic Constitution. two-lhird-
o. ths members OF the Hense must hr pras,ni.
TO constitute Quorum. Ibis for us 10 inquire
only who in law and fact. are members oi ths
House, or, in other words what counties arR IN
are not entitled to be represented III the r. gisla-
ture We co not ree how any construction
coald avoid the posifire provision that fNo-
thirds OF the mcmOers must he present. The
word House" rs used il the clause IN que..
lion. isequivalent IS to the phrase Members Of
tho Hcuse.'
Il.
vision of the Constitution aiding him, the rub
lie enemy csn. by conqurrirr ma holding BART
of the State killing and ircaTc.rafsng nr other
wise preventing the Attendance Of part O; tho
members of the House ani preventing tlif
legal holding of elections 70 I'D! vacanci :, for
bid those. less than tw0-thirds m number. who
do attend, from organizing fiousc
In other words. whether a nafien wish which
| the State is at war, csn thus. by conquest an6
occup ton of part OF the COMMITTEES of the STATE
stop the wheels Of thc State Government. by
| annihilating its Legislative Department, ID The
absence OF which no appropriations can he mad,
for the public service and paralysis Of the Tx
| ecutIve and judiciary Departments must there
| fore shortly follow.
| Il is 81 question of tna life and death of thr
| legal Government of The State; ari. ~ the
| State only exists through its organisms, OF th,
State itself
| For, unless legal provisions can ~ made. IN
means of which the citizens in the Confadrrats
military service can vote rlsevslscre thar In theii
counties, it will not tx possible IN obtain quo
rum of mcmb Is 1T the regular session.
The same qnas.ion would arise. if part OF the
couni's WERE IN armed rebellion, There being
no foreign war; or If they hnd united torrthrI
| 70 form u new and separate Sfafe Gorrrnln-ni
as has been done IN Western Virginia.
III the nlallibl- ins il.ts Of reason and ins
tie. without waiting for the processes Of logic
and argument. .ell IS that il il impossible that
the pnac eaeinv can paralyz th- Depart
nlents Of th- STATE. and prevent her from Mt
teriug her viii rs law. and by law providing