New-York tribune., 1869-06-01
THE LAW OF oUORUMS.

the Indiana Legislature "a minority OF IhaI
body, in twice resigning their seats in order
to prevent action upon the XVIII Amendment
to the Constitution of the United States, is
familiar to the readers of THE TRIBUNE. In
volved in this matter is the grave question
whether, under the State Constitution OF In
diana, minority, by resignation or refusal to
qualify and serve when reelected have the
power to prevent all legislation for years or
for all time, unless the majority shall yield TO
their wishes The State Constitution provides
that "two-thirds of each House shall con-
stitute quorum to do business
also, that "the House shall not exceed
one hundred members, nor the Senate
" fifty members The Legislature fixed
the number of members for the House at
one hundred and the Senate at fifty, so that in
full Legislature quorum Of the House would
be 81, and of the Senate "a. Of the Democratic
members, more than One-third, but less than
a majority of each House, resigned their seats
when the XVIII Amendment came up for final
action and it is contended by the boilers that
| in consequence of such designations the Legis-
lature was powerlcSs to act upon the Amend
ment or upon any legislative business what
| ever. Mr.. Senator Morton has published an
elaborate argument in which he ably holds that
| the action of the Senate in atifyng the
Amendment, after more than third
| of the members Of that body had resigned, was
| legal and constitutional. According to Mr. Nor
| toms view, which seems TO us a sound one, the
| whole question turns upon what number of
members may, under given circumstances,
| constitute the House. or the Senate" The
question now presented is a new one. Hereto
| fore on various occasions, attempts have been
| made by the minority of the Indiana Leglsla'
| ture, when measures Objectionable to them were
pressed for consideration, TO break the two
| thirds quorum by absence. This became
of so frequent occurrence that an act
was passed imaking persistent absence
| of members a punishable oiense. TheIe
| is much force in the ayerment that
| the simple absence Of members does not
| change the number necessary for
| quorum, as absentces may be sent for and
| their attendance may be compelled. Yet 1t
| has been repeatedly held by Congress that
| two-thrds of the House or Senate con-
ssts Of tro-thirds Of those present On the
| 2d of March 1861, after many Southern men,
| bcrs and Senators had resigned the question
came up in the Senate on the pas
! sage of the Joint Resolution submitting
| to the States the Corwin Amendment to
! the Constitution of the United States.
| The resolution was carried by vote of "a
! 10 10, exactly two-thrds Of the Senators pres
ent but not twO-thirds of those entitled to
seats, after dcducting those who had resigned
| The President pro tenn. I(Nir. Polk OF No. de-
clared the resolution carried. On an appeal
from the decision, the Chair was sustained, 80
| 70 1-Bcnl r. Wade. In the affirmative were
such Loading Democrats as Bigler of Penn
syivania, Bright Of Indiana, Douglas Of Hi
nOis, Gwin of California, Andrew johnson of
Tennessee, and Pugh of OHIO. SO it
will be seen that the Senate almost unani-
mously decided two-thrds of those pres
ent to be constitutionally two-thirds of
the Senate. A similar ruling was affirmed by
the Senate in 1866. vote was taken over
ruling President Picrce's veto of the Misss-
sippi River Improvement bill by 81 to 19, when,
on appeal from the decision of the President
pro tenn, Mr.. Bright, that the bill had again
passed, two-thirds of the Senators present
"having voted for the bill,' the decision of
the Chair was sustained as constitutional and
valid, and the principle again affirmed that
two thirds Of the members present were two
thirds of the Senate, by a vote of "a to 2.
In order to sustain the validity of the action
Of tho Indiana Legislature it is not necessary
to take this extreme view of the ease. There
the number constituting the Legislature was
reduced by resignation-by members and SEN
atOrs ceasing TO be such. If House consist
of 100 members and one dies or resigns, thus
reducing the number to 80, then it will not be
denied that, until such vacancy be filed, the
House consists Of 90 members, and the two
thirds quorum of GO instead of Co. which would
be required in a full House. Is it not equally
true that when 40 members resign, leaving
body of only 60, 40 of that number constitute
a quorum9 If to constitute a House the whole
number authorized to be elected were neces-
sary, then State Legislatures or the Congress
Of the United States would seldom have an
organized or legal existence, as large lcgisla
tive bodies ara seldom full
The objection has been raised to the theory
that, If it be sound then any small fraction of
Legislature might In certain contingencies act |
rs awmakng power and pass acts not in |
cOnsonance with the will of the people, as less !
than majority would not properly represent |
the sovereign will. But it is sufficient answer
to this that, so far as Indiana is concerned, there
is constitutional provision requiring the vote
of n majority of all the members elected To
each House to pass a bill or joint resolution.
We think Mr. Morton has established sat
isfactoriY the point that a minority of