The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-05-27

two thirds Of the members originally |
which number may have been /
greatly reduced
If il had been intended that the
quorum should consist of two thirds
of all the members elected, or author
lied by law to be elected to each
House, the Constitution would have
said so, with the same particularly
that is used IN specifying the number
of votes necessary to pass bill, pro-
pose amendments or impeaeh State
officer The very particularly used
phrase majority of the Houses, or
. two-thirds Of the House." would
not convey the meaning desired. The
majority of all the members elected
to each House shall constitute a quo
rum to do business, and then 10
other parts uses the phrases, a
majority of each House" and two
thirds of each House, " in the same
sense In which they are employed IN
the Constitution of Indiana, and IN
that of the United States. ri
The quorum, therefore, may consist OF
a less number than is required to pass
bill, but the effect of the provision
which requires the votes of a majority
of all the members elected to each
House to pass bill is that whenever
the Legislature is so reduced as to
consist Of less number than the ma.
jority of the members elected to each
House, it shall be incapable OF final
legislation.
Legislative powers are said to be Ia
capable of humiliation. 1t cannot
be presumed that it was the Intention
of the trainers of our Constitution to
place it In the power Of the minority,
by factious designations or otherwise,
to defeat the will of the people, and
intact to destroy the Constitution it
self 1t was not intended that a mi
nority of people of the State, living
in a few counties, should have the
power, by the reelection of members
of the Legislature, who continue to
resign from time to time, to deprive
the rest of the people Of the
protection of the laws and fOf
such legislation as their pros
perity and happiness may re-
quire. While it could never have
been designed that the rights Of the
majority should thus be placed Ia the
| power of the minority, legislation by
mere Rump has been guarded
against by the provision which re
quires the votes Of majority of all
who have been elected to either
House for the final passage of a bIl
| or joint resolution. The Fifteenth
Article proposed by Congress as an
amendment to the Constitution Of the
| United States was rattle by clear
majority of all the members elected to
each House. 1t received twenty
seven votes out of fifty In the Senate,
and fifty five out Of one hundred in
| the House. Tue Constitution of the
State has been complied with, not
| only In letter, but in spirit. The will
of the majority, which IS the very
essence of republican government,
| has declared In favor Of the amend
ment, and all that can be complained
| of is, that factious minority has not
not been allowed to defeat their ac-
| ton.
will now proceed to show that the
foregoing principles. which | have APP
piled to the Constitution and Legis-
| lature of Indiana, have been fully re-
cognized by Congress as applica bic 20
| the Constitution of the United States.
As before quoted, the Constitution of
the United States declares that $ a
majority of each House shall cohsti-
tute a quorum to do business. It is
a majority in one case, and two thirds
in the other, which constitutes the
| quorum; but the question as to what
constitutes the House is the same
in each case 1t is a majority Of
)
| principle is clearly recognized by the
action of both Houses OF Congress.
| that each House consists Of its actual
membership. Not of the members
| who may have been elected and not
qualified, not of the members who
may be authorized by law to be elect
! ed /; but Of those who are existing,
| qualified member The express rule
of the Senate declaratory of the mean
| ing of the Constitution OF the United
States, is in these words: g A quorum
| shall consist of a majority of the Sena-
| tors duly chosen and sworn" s.E 4
The adoption of this rule In 1864
was preceded by elaborate debate, In
which it was opposed upon The pre-
else ground that majority OF eacb
| House meant majority of all the
members of which the Senate lOr
| House of Representative was author
lied by law to be composed aud twas
| supported upon the precise ground
that a majority of each House
meant a majority of actual members.
Members resigned, members chosen,
| but not sworn, members eontesting
| for seats, but not yet admitted, or va
| eancies, are not counted in making up
quorum. l am not aware that the
House of Represen atives has any ex-
press rule upon the subject, but it
| recognizes the rule of the Senate pre-.
cisely in practice, and did so by com
mon consent before the adoption of
| the rule b. the Senate. In each case,
the actual membership constitutes the
| House aud Senate. That either
| House may, by law, consist of a larger
number is not taken into account
/ Whenever the number of members of
the Senate is reduced by resignation,
/ secession or death, majority of those
who are lett constitute the quorum.
| During the last session Of the
Fortieth Congress the number Of
members of the Senate was sixty six,
and the quorum was thirty four. But
at the beginning of the late session
the number of members was only
sixty-fve, owing to the absence Of the
new Senator from Maryland, who was
delayed by sickness, and the quorum
fell to thirty three; but afterwards,
when he appeared and was sworn in,
it rose to thirty-four again.
The Constitution of the United
States declares that the f" Senate shall
be composed of two Senators from
each State, chosen by the Legislature
thereof" and when the secession of
the rebel members took place in. 1851.
/ it was boldly argued by the rebels and