The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1893-10-21
JUDGE cooLEY's LETTER.
Constitutional Duties of the Senate
and Its Presiding Officer.

NEy YORK, October l6.-ln reply TO an
inquiry AS TO what course he thinks the ma
joriiy of the Senate ought to pursue in order
to secure n vote on the repeal bill, ex-Judge
7. NJ. Cooley has written the following
The Senate is one house of Legislature
created by the Constitution to make laws for
the country. Its authority To act is by ma
jority; this is clearly implied, and rs much n
part of the constitutional grant Of power as if
expressly declared. If the Senate we're to
make rule declaring that the minority
might, by talk for The express purpose and
BY dilatory motion having no other object, or
in any other way stop legislation and prevent
the majority proceeding to a vote, the rule
would be void. because depriving the Senate
of its constitutional power. If u custom to
that effect we're to grow up and be tolerated
by courtesy as one that in so digniied body
could not be abused, it would be equally void.
and the Senate, in recognizing 1t to the ex-
tent of permitting the minority to decide
what its action should be or that no action
should be had, when the minority so declared
would be taking revolutionary course.
sits constitutional duty plainly is to pro-
coed as if no such revolutionary rule or Gus.
tom existed. When "a minority of the mem
bers show oy their conduct, and even boast
ingly declare that they propose to avail
thereon lOF Tue putpOoS Vi ptcbchtlHG
the Senate exercising its constitutional au
thority, they are, in so doing, professedly
making use of the rulesfor disorderly pur-
pose, and the Senate is no more bound to
summit to their disorderly proceedings than
it would be to that Of persons not members
who should in any way attempt TO prevent
regular and legal Legislation.
members OF the majority should make the
proper motions looking to definite and hnal
action on the pending measure, and The. pre-
siding officer should recognize them; since in
that way can the inalienable right of the Sen
ate 10 press it will be exercised. If this is
not done, upon AN assumption that in some
manner, by the action or non action of the
Senate, it has become impossible unless the
minority assenis, then the leading principle
in representative government is in one house
of Congress abrogated.
'sThis is monstrous proposition. 1t is not
true unless revolution is already effected IN
our government. The Senate has all the
powers today it ever had. and one of them is
to proceed to take the sense of It's members
upon proposed legislation. To consent to
the doctrine that, by courtesy or otherwise,
it has surrendered this power to minority
of its members is in effect to declare that
without any authority conferred upon 1t to
limit or alter the full grant of legislative pow
er conferred upon it by the Constitution the
Senate has nevertheless done so, not from
any necessity, or even on supposition that
public benefits were to result, but from the
extraordinary assumption that legislative
courtesy will not be abused when persistenty
the abuse is going on in the presence of the
Senate itself aud is being boosted of and glo-
ried in.
alt is enough that the Senate cannot limit
Il l..
ers. Il should proceed 10 exercise them, aud
TO that end should disregard, 40 far, at least.
as may be needfnl, the disorderly action of
those members who now propose, with the
implied assent of the Senate, and with boasts
of a power distinctly antagonistic to the con
stiiuiional grant, to bring the Legislative au'
thority of the country into contempt