Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1869-06-11
Senator Morton on the Indiana Ratiflca.
tiOns

1t was announced the other day, by tele
graph, that Mr.. Senator Morton, the great
constitutional lawyer of the Senate, had
made an argument, through the Indian
apolis Journal, in favor of the validity, in
substance and in form, of the ratification,
by the Indiana Legislature, Of the pro.
posed Fifteenth Amendment. That argu-
ment is now before us. In his usual style.
clear, cogent and exhaustive, the Senator
presents the case. 1t is quite too long for
publication entire. But, as the final adop-
tion of the amendment, in case the In
diana ratification was valid, is no longer
doubtful, the matter is deserving of special
consideration. Much has been written
and said about 1t before, but now, for the
| first time, has a conclusive, unassAilable,
viudication of the Legislature been fur.
nished.
The facts in the case arc too we'll
known to need more than the briefest re-
! statement.
The Democratic minority in the two
! branches of the Legislature resigned their
seats in order to block the wheels Of leg
islation, and thus defeat ratification. They
so far succeeded on their first resort to
this trick that the balance supposed them
selves mere rump, changing on the
while the Governor proclaimed an election
to fill the vacancies thus made. The re.
signers having been reelected, the Legis-
laJure was called again. After the ordi-
nary business of the session had been
nearly completed, and the Fifteenth
Amendment was to be taken up again, the
Democratic faction resorted to the same
trick. In the Senate they were partially
thwarted by little sharp. practice on the
part of the majority; but in the House
vote was not reached until the resigna-
tions had taken effect and been duly re-
copnized,
AS the senatorial ralincatlon Woulh
amount to nothing standing alone, the dis
n,tta 10 tbis. Was there ofar tba raai1no
pule ID thls' was tnele, ulVsr IaS @ Ies'sna-
tlonsI tne necessary quorum lne beBls'
lature, when the trap was first spruLg
uPon sneul, enousnt nos, pu.' w wy ii.no
the ulck was plhyeo hRalnb INC mehpers
had changed their minds, at least they had
~ o,1 .~. a.. -. -. .t".Pa snUA.
solVeu 10 teeI the matter. any oi tnem
were troubled in The least with misgiVings,
tbis rnasteriv argument mnst ba va set their
-: - 49, y "' ~ ~ >
minus at iest'
When fully represented The House con-
sista of 1(O members the Senate of h0
TI I. - ~ ,s' f a. sLrJ ,:I
ne eleYenth secuon Oh tne 'nhu srucle
of the Constitution declares that 1.-TWO
thirda of each House shall constitute a
i VI oSOu AL I' ~
quorum 10 40 business NOW, the maj
question Is Does "tWO-thirds of each
Housen mean of the actral mem hers at the
,i,.,a oS ,oiI ~ ,,Ss,'ahass oias,a5 ~
uhe, VI vi al tno nsMDeis oleCteu W
each House" Here all the controversy
lies The Sanator'a argument ON this
- 1 ~ ,ta.G3NaI- eII
polnI ueseIVes W 10 ulsbihCtiy anu lully
understood, We therefore give II rs II
stands,
oecIlou 10 VI AItlcle Afp Ieaus as Ioi-
| lows: t
"Eyery bill ehau be read by actions on three
| several days in each House unless in case OF
| emergency, by vote of two-thiTds or the HOuse
where suoh bill may be depending, It shall be
deemed expedient to dispense with this rule"
The corresponding provision in the old Oonsti-
tuition OF 1915 was 10 these words: - Every bill
shal be read on three seyerel days in each House.
| unless, by a vote OF two-thirds OF the House
deemed expedient 10 dispehse with this rule"
| Il has never been the practice under either Con
stintion that the suspension Of the rules required
| Senate although the phraseooRy is PRECISELY tho
same with that employed G in he eleventh section
OF the fourth article, which declares that two
thirds Of each House shall constitute quorum TO
! House" means sixty-seYen members in the
House of Representatives and thlrty-fOur in the
Senate TO make a quorum, 1t would mean the
| came thing for the suspension OF the rules, which
Nv action fourteen or article four two-thirds
| of either House NAV expei a membar IN by
Htwo-thirds OF either House" is meant sixty.seyen
votes In the House and thirty four in the Senate,
| then Representative could never be expelled by
less than thirty four votes, which is not eontend