Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-20
WHAT LISA auoRum :
The n. Y. Journal Of Commerce throws out
the following suggestion on this subject:


What Is two-thirds Of the House of Repre-
sentatives or Of the Senate The proclamation
Of the President has declared the pacifcatlon of
various States. Those States have not seeded
from the Union, because they could not. either
legally or by fOrcible resolution. Are the SEN
ators and Representatives of those States to be
counted in considering what is the HOnse2 They
have been elected. but their seats are refused
hem. Can a majority in Congress exclude mem
bers elected. and by so doing reduce the number
forming the House, so that quorum shall consist
of a majority only of those admitted 10 seats. and
two-thirds shall be counted only as Of those who
are in their seGts!"
The same principle governs in the State
Legislatures. And it may be seriously
questioned whether a body consisting, either
in the National or State Legislatures, of
less number of representatives or members
than the organic laws designate is, in any
sense a lawful body, or capable of having a
quorum. Beyond doubt, the Congress Of
the United States was designed to embrace
members or representatives from all the
States composing the Union. Attic outset,
the trainers of the present government pro-
vided that it should not 60 into operation
until nine of the original thirteen States had
adopted the covenant; and then it could
not proceed to bind the people by any legis-
lative act until all Of the nine States were
represented in Congress- If one of the States
after ratification had changed its mind, and
refused TO send delegates TO Congress, it is
very questionable whether the Government
could or would have been inaugurated. In
several matters that it was foreseen might
arise, it was provided in the fundamental
compact, that in such cases the States should
vote as States, and not by the ordinary mode
of per capita representation. If a State were
not Represented at all, but for reasons salts
factory to its people, refused to have any
thing to do with Congress or the Govern
ment how could it have been counted in the
Union at the beginning?' The provision
was that nine States should compose the
Union, and any less number was insufficient.
The principle is the same, though circum-
stances change.
So it is in States, composed of given
number of counties. The organic law fixes
a rateable proportion of representation
among the counties composing it. These
counties make the State, and their repre-
sentatives compose the law-making power,
called a Legislature or General Assembly,
or other name. The system of dividing
States into counties was introduced
into this country before the Revolution
airy War, and has not been departed
from. If from passion or any other
cause a part of the representatives, under
take to assume and declare certain counties
without representation, or not entitled to re-
presentation-which is practically the same
thing-we have the anomaly of portion of
the people Of the commonwealth excluded
from the privileges of voice in the enact
ment of laws by which their conduct is to
be governed. Nothing could possibly be in
more direct conflict with the elementary
rights, opinions and traditions of a republi-
can people, or of government founded on
the equal rights of all the lawful citizens of
the country. Such action becomes usur-
patton, and if continued, subverts the origi-
nal foundations of government, and will in
evitably resultin a mobocracy, and oligarchy,
or eventually in an absolute despotism. Such
are the tendencies and logical consequences
of the present action of Congress with re-
ference to the Southern States and of the
Legislature of this State in reference to
about one-fourth of its counties.
These views are sustained by the very
meaning and force of the word quorum. 1t
is a part of an Enthusiastically signi-
flying " Of Uhom," and pre-supposes a com
plete and ascertained body of individuals.
1t was adopted to designate what number of
an established assembly might lawfully
transact business in the absence of the rest
the extent and number of that body hav-
ing been previously defined and stated by
the law of its creation. In the case of the
Union, the Constitution defines what shall
constitute Congress-in the State the like
instrument ascertains what shall be a Leg
islature or General Assembly. In the one
case, all the States are included; in the
other, all the counties. If any Of the States
in the first, or any of the counties in the
second instance are excluded contrary
to the wishes and and protestations of such
States or counties, it is an usurpation to
that extent, unauthorized and unjustifiable
on any of the principles upon which this
government rests.