Year: 1869

1.-TWO CllrQS OF the house, WOuiu uot
convey the meaning desired. The Con
stitution of Ohio declares that ga major
ity of all the members elected to each
| House shall constitute 8 quorum to do
| business and then in other parts uses
| the prases, ''a majority of each House.,


and 'stwo-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.


| The quorum, tn 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 20
pass a bill is: that whenever the Legis.
| lature is so reduced as to consist of n
less number than majority Of the mem
bers elected to each House, it shall be
incapable Of final legislation.


Legislative powers are said to be inca
pable of annihilation. Tt cannot be pre-
sumed that it was the intention of the
trainers of the Constitution to place it
in the power Of the minority by factious
designations or otherwise to defeat the
will of the people, and in fact to destroy
the Constitution itself. 1t was not in
tended that minority Of the people of
the State, living in few counties, should
have the power, by the reelection of
members of the Legislature, who con-
tinue to resign from time to time. to de
prive the rest of the people of the pro
lection Of the laws, and such legislation
as their prosperity and happiness may
require. While it could never have been
designed that the rights of the majority
should thus be placed in the power of
the minority Legislation by mere Rump
IoI H. oxv;
sion which requires the votes of a ma
iority of all who have been elected to
either House for the final passage of a
bill or Joint resolution The Fifteenth
Article proposed by Congress as an
amendment to the Constitution of the
United States was ratified by clear ma
iority of the members elected to each
House. 1t received twenty seven votes
out of fifty in the Senate, and ffty-one
out of one b undred in the House. The
Constitution Of the State has been com
piled with, not only in letter, but in
spirit. The will of the majority, which
is the very essense Of Republican gov
ment, has declared in favor Of the amend
ment, and all that can be complained Of
is, that factious minority has not been
allowed to defeat their action.


l will now proceed to show that the
foregoing principles; which have ap-
piled to the Constitution and Legislature
of Indiana, have been fully recognized
by Congress as applicable to the Consti
tuition Of the United States. AS before
quoted, the Constitution of the United
States declares that ga majority of each
House, shall constitute quorum to do
business. 1t is majority in one case,
and two thirds in the other, which con
stitutes a quorum; but the question as
to what constitutes a House is the
same in each case. It is a majority Of
what? or two-thirds of what? The prin
ciple 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 elected; but of those who are ex
listing, qualified members. The express
rule of the Senate declaratory Of the
meaning Of the Constitution of the
United States, is in these words: "a
quorum shall consist of q majority OF
the Senators duly chosen and sworn


The adoption Of this rule, ia 1864. was
preceded by elaborate debate in which
it was opposed upon the precise ground
that "a majority of each House meant
a majority of all the members of which
the Senate or House of Representatives
was authorized by law to be composed
and it was supported upon the precise
ground that ''a majority of each House
meant majority of actual members.


Members resigned, members chosen
but not sworn, members contesting fol
seats, but not yet admitted, Or vacan
cies, are not counted in making up s
quorum. / am not aware that the House
of Representatives has any express rule
upon the subject, but it recognizes The
rule of the Senate precisely in practice
and did so by common consent before
the adoption of the rule by the Senate
In each case the actual membership con
stitutes the House and the Senate Tha
either House may, by law, consist o
u larger number is not taken into accoun
Whenever the number members of tn,
Senate is reduced by resignation, seces
sion. or death, majority Of those wht
are left constitute a quorum.


During the last session of the Forti-
eth Congress the number Of members @
the Senate was sixty six, and the quo
rum was thirty-f four. But at the begin
ing Of the late session the number o
members was only sixty-ive, owing tt
the absence Of the new Senator from
Maryland, who was delayed by sickness
and the quorum fell to thirty three; bu
afterwards, when he appeared and wa
sworn in, it rose to thirty four again.
The Constitution of the United States
, declares that the "Senate shall be com
posed of two Senators from each State
chosen oy the Legislature thereof" ant
when the secession of the rebel mem
bers took place in 1861, it was boldl,
argued by the rebels and their friend


that the legal character of the body wa
destroyed, because it could consist onl,
of two Senators from each State, ant
that the quorum must continue to b.
what it was before secession took place
This opinion has been urged unit
/ | very recently, and it has been said tina