The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-05-27
THE Law OF QUORUMs.
Argument by Senator Morton!
Ratification of Fifteenth Amendment
By Indiana constitutional!

To the Editor Of the Indianapolis Jour7aal'
The Constitution of the State pro-
vides that the House shall not exceed
one hundred members, nor the Sen
ate fifty, and the Legislature has, by
law, fixed the number of members Of
the House at one hundred, and the
Senate at fifty. It is commended that
under all circumstances a quorum Of
the House consists of sixty seven mem
bers, and of the Senate thirty four
members, and that whenever, by re
signation or other cause, the number
of members In the House is reduced
below sixty seven, or of the Senate
below thirty four, the legal character
of the Legislature is destroye |. In
the early part of March, and before
the necessary appropriation bills
had been passed, the Democratic
member, to prevent the rati6ca-
ton of the Fifteenth Article pro-
posed by Congress as an amend.
ment to the Constitution of the United
States, resigned their seats, In the
House to the number of forty one,
and 10 the Senate to the number of
seventeen, thus Withdrawing more
than one-third of the members elect
ed to each House, but leaving a clear
majority in each of all the members
elected or authorized by law to be
elected. Governor Baker issued writs
of election to fill the vacancies caused
by these designations, and in nearly
every instance the members who had
resigned were reelected. The Gov
ernor then convened the Legislature
In extra session, as he had right to
4 hi ha
day of April, and again on the 18th
bers, to the number of more than one
third of the members elected to each
House, but less than a majority, re-
signed their seats to prevent the con-
sideration of the Constitutional
Amendment.
According to the construction con-
tended for, seventeen members of the
Senate or thirty four members Of the
House, can, by resignation, destroy
the existence of the Legislature, and
If they are sustained by majority of
the people of their districts, may be
reelected and again resign, and thus,
In effect, Overturn the government of
the State. IF the Constitution of
Indiana thus provides for its own
destruction, it is high time the people
should understand it, and take steps
for its amendment.
The question now presented is new
In the history of the State. Hereto
fore the question of what constituted
quorum in the two Houses has been
raised by the mere absence of mem
bers, and not by vacancies produced
by the resignation of more than one
third OF each or of both the Houses.
And whatever popular notions on the
SUBJECT may have grown up, have
been with reference to attempts to
break the quorum by mere absence
and not by resignation.
When members of either House are
absent from their seats, the number
required to constitute quorum is un-
changed. The absentees may be sent
for and their attendance compelled ::
but when the number of members is
reduced by designations or death, the
question is changed; and it is In this
aspect the subject is now presented.
The question as to the number which
will constitute a quorum In each
House Is entirely distinct from that
of the number required on the final
passage of bill. The number nee
essary to constitute quorum may be
greater or smaller, than the number
~equired to pass bill, as l shall show
hereafter.
The eleventh section of the third
article of the Constitution declares
that two thirds Of each House shall
constitute a quorum to do business"
Section fifth Of the first article of the
Constitution of the United States
reads as follows: Each House shall
NC the Judge Of the elections, returns
and qualifications of its own members,
ana majority of each shall constitute
99orum TO do business"
Two thirds of each house is re-
9aFeo 70 constitute a quorum in the
o oL Us glslature, but maturity of
IN n Congress. The first question
therefore, in either case i What l.
does h it 9sfs to or How many members
And when hen we - constitute amtitu the House2"
AsA We nave ascertained that,