Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Here is another tax on knowledge. On the face it is a tax on rags; but
rags are imported to make paper; so that a tax on rags is a tax on
paper, and as such is a tax on knowledge.
CONSTITUTIONAL QUORUM OF THE SENATE.
SPEECH IN THE SENATE, ON A RESOLUTION DECLARING THE CONSTITUTIONAL
QUORUM, JULY 12, 1862.
According to long-continued usage, a quorum of the Senate was a
majority of the whole number of Senators, assuming each State
represented by two Senators. After the withdrawal of the Rebel
Senators, business was often embarrassed from the failure of
what was supposed to be the constitutional quorum. To remove
this difficulty, Mr. Sherman, April 11th, introduced the
following:--
“_Resolved_, That a majority of the Senators duly elected
and entitled to seats in this body is a constitutional
quorum.”
July 12th, Mr. Sumner said:--
MR. PRESIDENT,--What is a quorum depends upon the Constitution; but
we approach its consideration with the knowledge that in England, the
original home of our institutions, and especially of Parliamentary Law,
the question, for a long period anterior to the National Constitution,
was fixed by usage. Indeed, usage is authority for the larger part of
the English Constitution. But in this case of a quorum the usage is
liable to alteration. In his elaborate work on the Law and Practice of
Legislative Assemblies, the Parliamentary Law on the subject is thus
stated by Mr. Cushing:--
“In the British Parliament, according to the ancient and
invariable usage of the two Houses, as evidenced by their
rules, three is the number necessary to constitute a quorum of
the Lords, and forty a quorum of the Commons. These numbers,
respectively, although established by and dependent upon usage
merely, and within the power of each House to abrogate or
change at any time, have, nevertheless, the force of standing
orders; that is, they are equally binding upon every succeeding
Parliament until abrogated, and do not require to be specially
adopted in order to be in force.”[97]
It will be observed that the quorum of the Commons, numbering six
hundred and fifty-four persons, is only forty, and this number appears
to have been recognized as long ago as 5th January, 1640. At an earlier
day more than sixty was required, and as late as March 18, 1801, an
attempt was made in the Commons to revive this ancient rule, but it
failed. For a short time in 1833 and 1834 the quorum for private
business was twenty.[98]
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