The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1869-06-03
DIR. o. Il. lIorton's Opinion

add anything to the not very large re
putation Of that senator for statesman
ship. 1t is a labored attempt to prov
that the settled and uniform interpre
tation of the term quorum, found in al
the American constitutions, is wrong
and that the new Interpretation which
Mr.. Morton has invented is right tina
the common judgment Of mankind
since the institution Of representative
government, has been false, and tina
the judgement Of tho individual MGR
ton is true that even the convention
which framed the Indiana constitution
while supposing and intending that the
term meant one thing, in reality made
it mean something else.
The Indiana constitution differs from
the federal constitution and from most
of the other state constitutions, in pro-
yiding that "two thirds Of each house
shall con stitute quorum Most OF
the constitutions require only a major
ity of each house. The object OF re-
curing two thirds. as appears from the
debates tn the Indiana convention, was
TO more effectually and surely protect
the rights of the minority. Mr.. Schuy-
ier Colfax, who was a member of that
convention, thought that the require
ment OF two-thirds to make quorum
would be giving too much protection to
minority rights, because, NJ. Colfax
said it would be holding out an induce
ment for gentlemen who may EEL dis
posed to resist the passage of a law
break the quorum" -precis ely wha
was recently done in Indiana; but pre-
cisely what Mr.. 0. p. Morton argues
cannot be done. The convention seems
to have perfectly understood what it
was they intended by the requirement
of two-thirds to make quorum in each
house,
To protect the rights of minorities
is IN reality tho principle object and
use OF written constitutions. No one
denies that The will of the majority
is the essence of republican govern
ment; but, cCncede to the majority
absolute power and sovereign right in
all matters of government, and consti-
tulIOus are not only useless, but, II the
nature of things, imperative and
void. Il the majority be not bound,
rs wei as the minority, By constitutions
al limitations, the constitution is not
"the supreme law Of the land" but the
will of the mojority, strained, un-
limited, and uncontrolled by anything
on earth, is that supreme Law.
According to Mr.. Morton's areu-
ment, the constitution Of Indiana thus
provides for its own destruction. For
IT, as he assumes, the quorum is inten-
ded only ito maintain a proportion of
members present to the actual member
ship, and not to the number of men,
bers authorized by law to be elected"
Their two-thlrds Of majority, or, for
that matter, of less than a majority.
may come together, and resolve, like
the three tailors in Dooly street, that :
1--WE, the legislature OF Indiana, being
the judges of the election and qualifi-
cation of our own members, do decide
aha. we are the only members duly
elected and qualified, ard therefore we
do constitute the actual membership |
of that body, and two-thirds of us are
quorum for bushes -
Mr.. o. z. Morton uses the phrase
"actual membership" to designate the
number of members in commission
whereas. liz contemplation Of law. the
actual membership is the whole num-
Der Ct members the constitution author |
ICES. The constitution supposes that
all the people are represented in the !
legislature, and never, in any republi-
can form Of government that exists, or
ever existed, supposes or Intends any
thing else. Whenever the cousttu-
Zion employs the term "house," it means
that body in which all the people of the
state are represented in such manner
and By such proportionate lumber of
members as the constitution itself pre-
c-ibes. 1t will happen that the houses
is not full some members may die
Others may resign; the people in sore
districts may have failed to elect their
members, or tho house may have found
them not qualified. It's to protect the
rights Of the minorities who nay thus
be assent from the house that the con-
stitation declares what proportion of
the house shall be necessary to consti-