The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1869-06-08
The Law of QuOrums.


The course of the Democrat c members of the In
diana Legislature Ia minority of that body). in twice
ressning their seats in order to prevent action upon
the XVIII Amendment to the Constitution of the Uni
ted States, is familiar the readers of the Tribune
Involved in this matter is the grave question wheth-
er, under the State Con sttuton Of Indiana, min
GRITTY, by resignation refusal to qualify and serve
when reelected, have the power to prevent all egis-
laton for years for all time, unless the majority
shall yield to their wishes. The State Constitution
provides that two thirds of each House shall con-
sstitute quorum to do business ; also, that tthe
blouse shall not exceed hundred members, nor
'the Senate fifty members The Legislature fixed
the number of members for the House at hun
dred and the Senate at dfty that in full Legsla-
ture quorum of the House would be 67, and of the
Senate "a. Of the Democratic members. more than
onethird, but less than majority of each House,
signed their seats when the XVIII Amendment came
up for final action anil it is contended by the bolt
that in consequence of such gnatons the Leg
isature was powerless to act upon the Amendment,
or upon any legislative business whatever Mr.. Sem
ator Morton has published elaborate argument in
which he ably holds that the action of the Senate in
ratifying the Amendment, after than third of
the members of that body had res ig aed, legal
and constitutional According to Mr.. Morton s view,
which seems to US a sound one. the whole question
given circumstances, constitute the House SEN
ate.' The question now presented is a
Heretofore various occasions. attempts have been
made by the minority OF the Indiana Legislature,
when measures Objectionable to them were pressed
for consideration to break the twothrds quorum by
absence. This became of so frequent occurrence
that an act was passed making persistent absence of
members punishable offense. There is much force
in the averment that the simple absence of members
does not change the number necessary for quorum,
absentees may be sent for, and their attendance
may be compelled. Yet it has been repeatedly held
by Congress that two thirds of the House Senate
consists OF t,eoirds of those present. On the I'd of
March, 1861, after many Southern members and Sem
ators had resigned, the question up in the Sen
ate the passage of the Joint Resolution submitting
to the States the Corwin Amendment to the Consti-
tuition of the United States. The resolution
ried by vote Of "a to L. exactly two thirds of the
Senators present, but not two thirds of those entitled
to seats, after deducting those who had resigned.
The President pro Mr.. Polk of Mo declared the
resolution carried. On appeal from the decision,
the Chair sustained, SO to BENZ. F. Wade.
In the affirmative such leading Democrats
Bigler of Pennsylvania, Bright of Indiana, Douglas
of Illinois, Gwin of California Andrew johnson of
Tennessee, and Pugh of Ohio. So it will be that
the Senate almost unanimously decided two.thirds
of those present to be eonstitutionally wothirds of
the Senate. A similar ruling affirmed by the
Senate in 1856. vote was taken ruling Presi-
dent Pierces veto of the Mississippi River Improve
ment bill by 81 "a II, when appeal from the decis-
ion of the President pra tan, Nr. Bright, that the
bill had again passed., two tiiris Of the Senators
present having voted for the BILL the decision of the
Chair sustaind constitutional and valid, and
the principle again affirmed that thirds of the
members present two thirds of the Senate, by
vote Of "a to-
In order to sustain the validity of the action of the
Indiana Legislature is necessary to take this
extreme view of the There the number consti
tuting the Legislature reduced by resigna-
tion-by members and Senator's ceasing to be SUCH
II House consist of 100 members and one dies or
resigns, thus reducing the number to &c. then it will
not be denied that, until such vacancy be filed, the
House consists of 80 members, and the two thirds
quorum of 66 instead of 81, which would be required
in full House. Is it not equally true that when 40
members resign leaving body of only 60, 40 of that
number constitute quorum? If to constitute
House the whole number authorized to be elected
were necessary, then State Legislatures the Con.
gress of the United States would seldom have an
ganized or legal existence, large legislative bodies
seldom full.
The objection has been raised to the the Org that, if
it be sound then any small fraction of Legislature
might in certain ntingencies act a law making
power and pass acts not in consonance with the will
of the people, as less than majority would prop
ery represent the sovereign will. But it is suf-
fcient answer to this that, far Indiana is
cerDed, there is constitutional provision requiring
the vote of majority Of all the members elected to
each House to pass bill or a joint resolution.
We think Mr. Morton has established satisfactorily
the point that minority of legislative body cannot
by non-acon or resignation annihilate the law-mak-
ing power of the State.-lN. Y Tribune.
Cfofo Cundov CChool yonfion