Evening star., 1869-05-19
The sction OF the Indiana Legislature in ratl-

The action OF the Indiana Legislature in rati-
fying the fifteenth amendment to the Con stitu- :
ton, comforting impartial suffrage on all citi-
ems of the United States, renders its ratifcs-
Ion by the requisite number of States absolutely
certain. The only States which have voted
against the amendment are Kentucky, Mary
land. Delaware. New Jersey. Ohio. California.
snd Oregon All the others either have ratified
O. will ratify il. Twenty-eight States are re-
ouiIed 20 give II validity Ten can defea; i; /;
nutnot more than seven can be obtained against
a.
The circumstances however under which the
amendment was ratified by the Indiana Legis.
latureraises the uestion OF its Legality and this
as the case stands, must be decided by Congress.
Th- Democrats. il Will be remembered. defeat
ed rs passage in March last by resigniug their
seats, thereby breaking up the session. At the
special election these members were reelected
OL the 18th inst a new effort was m ade 10 pass
II and the vote was taken in the Senate with
the flowing result For rati ification, p votes
against, I; and 10 members present not voting
During the call and subsequently, eight of ths
tn clsimed to have resigned, but the Sen
aie had no official notice OF 1t, and disre-
gsTded an assertion which was accom-
panied BY no evidence. Next day, Friday,
l4tn. the House met. with fifty.sevsn mem
up. The Democrats raised the point
hat q quorum was not present, and that no
legislation could be done without one. The
speaker decided thst it might or might not
require sixty-seven members for ordinary Leg
.slative business, but on the question of ratify.
ing the amendment there was doubt enough to
warrant the Chair in ruling that II could only
be settled by holding that the Joint resolution
OF the Senate was in order. He also remarked
that there was a quorum present of all the
members of the House who claimed seats, and
a majority Of all who had a right under the
constitution to claim seats. The vote was then
taken. and resulted For the ratification OF
the amendment, ffty-fiv votes: against, none
Two members present declined to vote
Thereupon the Speaker decided and an
nounced that the Fifteenth Amendment had
been duly ratified by the State of Indiana, II
having received a majority of all the votes Of
both houses of the Legislature of that State
The Senate of Indiana consists of fifty men,
bers, of whom tw enty seven voted to ratify the
amendment. The House consists of one hun.
dred members, of whom fifty five voted for tn q
amendment, IL thus appears that it received q
clear majority of each house. nor can it be dis.
puted that a quorum was present when the
resolution passed the Senate, and the only
question that can be raised is whether the &C
ton Of the House is legal and binding.
There Is some obscurity in the Language OF
the Constitutio of Indiana as to what mum.
ber of members constitute q quorum. Some OF
the abiest lawyers of the State hold that a
quorum consists OF two-thirds of all the men,
bers Of each house claiming Sedts-providing
that number is majority of the whole num-
Der who can be elected. II a member resigns,
OF dies, or leaves the State, he should not count
IN making or breaking a quorum, because to
90 that places il IN the power of one.third OF
the members elect to either house, virtually, to
destroy the government of the State by resigna.
ZION, and, SO long as majority of their constit.
usnts would support them in such revolution.
ary conduct. no laws or appropriation bills
could be passed
Some of the first lawyers in Congress hold to
the opinion above expressed, and say there car
be no doubt that the action of the Indiana Leg.
isiature will be sustained by Congress.