The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-02-25

The Vice President-The Sena-
tor from lndiana will please sus-
pend; the morning hour has expired
and the unfinished business of yes
terdsy is before the Senate.
Mr.. Pratt--I move that my COL |
league be allowed to proceed and
conclude his remarks.
The Vice President--It is pro-
posed that the unfinished business
be passed over until the Senator
from Indiana concludes his re.
marks. I
Mr.. Sumner--I make no objec.
ton. The unfinished business is
the telegraph cable bill.
The Vice President-It is; but
it will be passed over Informally
il there be no objection. The
Chair hears no objection; and the
Senator from Indiana will resume
his remarks.
Mr.. Morton-But suppose that
the Secretary Of State had been
notified, as he was not, that OBJ
jections were made to the suf-
ficiency Of the quorum in the leg
islature Of Indiana when tho reso-
luton ratifying the Fifteenth
Amendment was passed, and had
undertaken to do what the Supreme
Court of Indiana said no Court
had right to do, 60 behind the
enrolled bill, and behind the sig
natures of the presiding officers.
and inquire into the sufficiency of
the quorum, he would have found
the following state OF facts: That
the law Of the State provides for
the election of one hundred mem
beers to the House, and fifty mem
bers to the Senate, and that the
Constitution Of the State provides
that "two-,hirds of each House
shall constitute q quorum to 90
business. The Democratic lead
ers assumed that it required two
thirds of all the members auth or
lied by law to be elected to each
House TO constitute the quorum.
That was sixty seven in the House
and .hirty.fonr in the Senate; and
in order 10 defeat the ratification
Of the Fifteenth Amendment by
breaking tho quorum forty mem
bers Of the House and seventeen
members Of the Senate resigned
their seats, thus reducing the mem
bership in each body to less than
two thirds of the members author
lied by law 10 be elected On the
other hand, the Republicans as
sumed that each House consisted
Of its actual membership; tina!
when a member died or resigned
he WAS no longer to be counted,
and that two thirds of that mem.
bership constituted quorum.
/ The Constitution Of the United
States provides that
| "a majority Of each House shall
constitute q quorum to do bust
ness" o
Two thirds Of each House is re
I quired to constitute quorum in
! the State Legislature, but ma
jority in each House will constitute
q quorum in Congress. and tn
first question under each Constitu
tion il, what is the House" O
how many members does it take t.
constitute the "Housc?" An'
when that is ascertained, then two
thirds Of that number will cohsti
tute the quorum in the Legislator
and a majority in Congress.
II has been solemnly decide
that each House Of Congress cor
sists Of its octual members hi
and not OF the whole number {
members authorized by law to b
elected; that when a Senator {
4 Representative dies or resigns b
IL no longer to be counted i'll de
termining the quorum, and that til
quorum consists Of a majority
he remaining members, and
this way varies from day to da
as vacancies occur by death I
resignation or arc filled by ele'
ton or appointment.
This question was raised in Co
gress after the resignation Of Il
Senators and Representatives fro
the Southern States at the begir
ming Of the rebellion, and was d
9 cided in accordance with comme
sense and the necessity Of preser
ing the Government.
: The resolution ratifying the Fl
l teenth Amendment in the Indiar
a Legislature received fifty-six vot
I in the House and twenty eight
8 the Senate, the same being Gle
y majority Of al. the members a
n thorized by law to be elected
!. either House.
J. So much Of the joint resoluti,
|. I am considering as purports
J. rescind the ret Of the Legislatu
n Of Indiana ratifying the Fifteen
Amendm emit is a harmless MULTI
e and need not be noticed but for t
e spirit by which it is anima ate
y The better opinion is, that aft
o the Legislature of a State Il
Ie ratified an amendment 10 the CO
e stit1tion of the United Stat
ID even before it has been ratified
e enough other States to secure
10 adoption, the act can not be reese
e ded on the ground that the pow
l. Of Legislature, as conferred
I'd the Constitution of the Unit
IN States, having been once exercis
D on the particular amendment.
AZ been exhausted. But that
q Legislature can rescind its act
Id ratification after the amendm
ne has been ratified by three four,
n - a. lo:v