Richmond Palladium (Weekly), Volume 39, Number 13, 1 June 1869 — Page 1
THE PALLADIUM. v.v .b;w.-DAVIS;'::;::,L. tJTTBRMa: SJ2.00 A YE Alt. pATABtS'tU ADVANCE. ., -
All Kinds of Job Printing "SatHfactoriljr Done, at XiriBg Rated. , Office: In the Warner Building, BichmondInd. McKELVEY'S LIFE GOMPOUND. Is the Best, ' ' : , - TUe Cheapest, V; -' : Medicine in the World, ; For Nearly Every Form, " . CHRONIC DISEASE. in LiyspepSIa ib is csiwiu vuio. . In Consumption it is excellent. " in Liver. ComDlaint nothing can be - , better. ' In Kidney disease it is a specific, ' in RhuAmatiftm it is an important remedy. . ; , , i ' In Stomach Affections it is unsurpassed . In Female Complaints it is of great value. ' 1 V And in nearly all kinds of chronic disease tacts like a charm, effecting speedy cures in the most stubborn cases. ' ' The afflicted everywhere should not fail to gire it a trial, if they desire to purchase health ..t -i '''' . til. !L i WHO, Duv a liming c&pcuac. xi is uvi pwu medicine," "nor s it kept for gale by any drug" , gist. T. It is a discovery of a physician daring a fire years' sojourn in South America, and he . aas imparted the secret of its composition to hundreds of intelligent physicians, who have . all used it in their practice with the most wons derful results. . , In consideration of its many virtues, I have - thought it my duty to engage in the manufacture of it on a large scale, and advertise it ei" - tensively throughout the world. The method ; for preparing it for use is . somewhat complex requiring a numerous collection of chemical tools paraphernalia not usually possessed by , druggists, and for this reason few drug stores " could furnish it properly prepared, if they had . the formula. Therefore, I have purchased the ' necessary articles, and with the assistance of a . good practical chemist am engaged in its manufacture and sale. The f'Life Compound" is purely vegetable, its principal ingredient being obtained from the . root of a plant which grows abundantly in some parts of South America. It is perfectly harm less in its effects even if taken in tripple the ordinary dose, whils its invigorating influence is wonderful indeed, often effecting a pkrmasent cure in a few weeks. Read the following TESTIMONIALS. Oqdensbubqh, N. Y., May 7, '67. l Mr. McKbivet: Dear Sir Your 'Life Compound' is working wonders in this section, and I have eyery reason to be thankful for what it has accomplished in my own case and that of my wife.' Aly complaint, as you may remember, was Liver Disease in its worst form. I had not tasen your medecine more than three weeks when I felt so much encouraged as to order a box for tny wife also, who was suffering from what the physicians termed disease of the kid ' neys. '.. This was in November last. "We have now taken two packages each, and I am happy to inform you that we have good reason to con cl ude we are both permantly restored to health . and that, by your Life Compound. Encouraged by its good effects in our cases, several of our afflicted neighbors sent to you for the medicine aud I am informed by three of them, with whom I am intimately acquainted, that they, too, be lievo themselves entirely cdred by it. You may make such nse sf this statement as you may deem proper. With gratitude, Rev.B.R. GORMLY. Cincinnati, Aug, 25, 1867, Mr. McKklvkt: Sir A thing of beauty is a toy forever, and a sood medicine is more than this. I take pleasure in commending your Life Compound, not so much on account of what it has done forme, as wai it may be the means of doing for thousands of others. To the sick and suffering, therefore, I wish, through your advertisement to say a few words of encouragement. One year ago I was an invalid: I am now hearty and well. My disease was dyspepsia of ten years standing; I had tried all means I knew of for a cure, without avail, until about the first of September last I became acquainted with a young man who told me of Mr. McKelvey's remedy, and the good -work it hid done in the neighborhood of his former home (Erie, Pa.) I immediately appled to Mr. M. for a box of his Life Compound and commenced taking it. I commenced improving in a few days ana continued to improve, and in less than three months from that time was en tirely restored, and have remained well ever since. Mine was rather an inveterate case, and pronounced so by all the physicians of this city The medicine was so successful in my case, that I cannot refrain from adding my testimony in .its favor. - D. R. GILFORD. Hundreds of Testimonials like the foregoing are in my possession, and cannot be given for want of space. The Life Compound" is the cheapest med " icine in the world. One package of it will make a quart of Syrup, which is enough to last more than two months. The price is $2 00 a pack age. Inclose $2 00 in a letter and direct it to me, and by return mail I will send you a pack ' age of the Compound, postage prepaid by me. If you are siok you will find it just the thing you have been looking for, and you never will regret having sent for it. I always send the Compound well sealed up. . so that do one can tell what it is. I do this for the reason that there are some persona who and for it that desire to keep their1 disease a jret. The money may in an cages do sent at m y r uk . -. n Address all letters to M. T. MoKELVEY. Sakdvskt,0.
i "BE From the Cincinnati Chronicle. . T . THE WIFE'S PltAYER. ? Father, while the shades of evening Gather 'round out household hearth, - And the dews of heaven are falling - O'er the bright and lovely earth. Bending low, 1 come before thee, ; In this sweet and holy hour, And in silent prayer beseech thee, God, to guide me by thy power. . Well thou knowest how weak and sinful, And how prone my heart to wrong ; Heavenly Father, change and cleanse me , That I may to thee belong. May the paths in which I linger'd Nerer more by me be trod ; Teach me, as a wife, my duty To my husband and my God. Though unworthy of thy mercies, . Weak and erring, Lord I pray For the absent from our circle, That his foo'steps may not stray. May be learn to love and fear thee, Call on thee whils thou art near, And while kneeling low before thee, Lord, Oh 1 bend a listening ear. Father bend in mercy o'er him, Shield him with thy mighty arm ; While the cares ot life beset him, Torn him from each luring charm. Turn his heart to thee and teach him How to bead his knee and p ray For a Saviour's love to bless him, At the closing hour of day. Guard and guide, and kindly show him All the goodness of thy love ; And when cares and griefs oppress him, May he turn to thee above. Teach him, bless him, in thy merey, That when life's short race is run, He can say, when thou shalt call him. Father, may thy will be done. OUR BRAVE DEAD. Beneath the summer sky, . How peacefully they lie, . - . At rest from wars ; Oh t sacred hold the grave Of each devoted brave Who poured his blood to save The stripes and stars. Their marches now are o'er, They wield the sword no more To smite our foes ; No sound of hostile drum To their low tents mar come, Or break the silence dumb Of their repose. But greatful thrones shall bring Each year their offering Of grief and love ; Bright garlands shall be spread, And tribute tear-drops shed For patriot heroes dead, Their tombs above. To Thee, Oh ! Lord, our God, Up from this holy sod Our voices rise ; Oh ! fieedom's cause maintain, For which our brare were slain. Forbid our rend'ring vain Their sacrifice. The boiler of the Terra Haute Furniture Factory exploded on Friday last. It ascended perpendicularly some thirty feet and came down in ten feet of its original position." The engineer was buried in the falling walls and suffered considerable injury. In Laporte County eighteen marriage licenses were issued in the month of April, and the Circuit Court for the same county granted twelve divorces. Wedlock is a ticklish thing in Laporte County. The Laporte Argus says, during the storm oa the 5th instant, Mr. A. B. Saulisbury, a farmer on Boil ing Prairie, lost thirty -one sheep by one stroke of lightning. His entire flock consisted of only fortytwo head. The Trial of Abbams. Judge Wilson, of Connersrille, has consented to preside at the trial ol Abrams, for the Young murder, but as be is unable to do so before the 20th of July, it has been postpon ed until that time. A fragment of an elk horn about three feet long, with a prong on it of twelve inches, was exhumed in Corroll County. ; A Salt Lake correspondent of the National Intelli gencer says that the Pacific Railroad is one hundred miles shorter than the company claim it to be. and that they have received bonds and grants on this one hundred miles, to which they are not entitled: He further alleges that on two hundred and fifty miles of the western portion of the road, the work of con structing a first-class railway has scarcely com menced. , The New England Women's Rights Convention, at its Boston meeting the other day, demanded a six teenth amendment of the National Constitution securing suffrage to women, and asserted that Mr. Ju lian's proposed amendment prohibiting political distinctions on account of sex should take precedence of any national questions of mere political expediency, and is essential to a permanent reconstruction of the Union, and of vital importance to the peace and prosperity of the republic. Donn Piatt is going into the newspaper business in Dayton, and will soon start the Dayton Daily, a Republican paper. What is the matter with Bickham's Dayton Journal that another Republican paper is neaded there T Is it the necessary thing for ex-correspondents of Cincinnati papers to go (o Dayton and embalm themselves in a new daily ? Cleveland Herald. . The only thing the matter in Dayton is, the politicians there of the Republican persuasion are tired of a newspaper whose proprietor does not have to serd around the hat two or three times a year for support. A newspaper . that is making money is above all things abominable in their sight. Cincinnati Commercial. The Good Templars of Maine intend to run an independent gubernatorial ticket. Two ladies have traveled from San Fancisco to New York, overland, accompanied all the way by a bull dog as a protector. There are five weekly American papers in Paris, chiefly supported by advertisements seeking the eyes of American travelers, and there is serious talk of establishing a daily. It was an apt answer of a young lady who, being asked where was her native place, replied : 'I have none ; I am the daughter of a Methodist minister.' The other day a large Norway rat attacked a brood of chickens at Barnesville, Ohio. The mother hen at once came to their rescue, and fought so gallantly that she killed the rat in a few moments. She managed to seize him with her claws, and holding him down pecked at his head until he give op the ghost.' '
JUST AND FEAR NOT! LET ALL THE
RICHMOND, WAYNE CO., IiVI.,
GOV. MORTON" ; . on the . - LAW OP QUORUMS. To Ae Editor of Ae IiulianapolU Journal : The Constitution of the State provides that the , House shall not exceed one hundred members, nor the Senate fifty members, and the Legislature lias, by law, fixed the number of members of the House at one hundred, and the Senate at fifty. It is contended that under all circumstances a quorum of the House consists of sixty-seven members, and of the Senate thirty- four members, and that whenever, by resignation or other cause; the number of members in the House is reduced below sixty seven, or of the Senate below thirty four, the legal character of the Legislature is des troyed. In the early part of March, and before the necessary appropriation bills had been passed, the Democratic mem bers, to prevent the ratifacation ot the Fifteenth Article proposed by Congress a? an amendment to the Constitution of the United States, resigned their seats, in the House to the number of forty-one and in the Senate to the number of sev enteen thus withdrawing more than one third of the members elected to each House, but leaving a clear major ity in each of all the members elected or authorized by law to be elected. Gov ernor Baker issued writs of election to fill the vacancies caused by these resig nations, and in nearly every instance the members who had resigned were re elected. The Governor then convened the Legislature in extra session, as he had the right to do, and it re assembled on the 8th day April, and again on the 13th day of May, the Democratic mem bers, to the number of more than one third of the members elected to each House, but less than a majojity.resigned their seats to prevent the consideration of the constitutional amendment. According to the construction con tended for, seventeen members of the House, can, by resignation, destroy the existence of the Legislature, and if they are sustained by a majority of the peo ple of their districts, may be re-elected and again resign, and thus, in effect, overturn the government of the State If the Constitution of Indiana thus pro vides for its own destruction, it is high time the people should understand it.and take steps for its amendment. The question now presented is new in the history of the State. Heretofore tne question ot what constituted a quorum in the two houses has been raised by the mere absence of members, and not by vacancies produced by the resig nation of more than one third of each or both the Houses. And whatever pop ular notions on the subject may have grown up, have been with reference to attempts to break the quorum by mere absence and not by resignation. When members of either House are absent from their seats the number re quirea to constitute a quorum is unchanged. The absentees may be sent for and their attendance comr.ellcd; but when the number of members is reduced by resignations or death, the question is changed; and it is in this aspect the subject is now presented. The question as to the number which will constitute a quorum in each House is entirely distinct from that of the num ber reqaired on the final passage of a bill. 1 he number necessary to consti tute a quorum may be greater or smaller than the number required to pass a bill as I shall show hereafter. The eleventh section of the third ar ticle of the Constitution declares that "two thirds of each House shall consti tute a quorum to do business." Section fifth of the first article of the Consfitution of the United States reads as fol lows: "Each House shall be the judge of the elections, returns and qualifica tions ot its own members, and tne ma jority ot eacn snail constitute a quorum to do business. 1 wo-tnirus ot each House is requires to constitute a quorum in the State Leg islature, but a majority of each house will constitute a quorum in Congress The first question, therefore, in either case is, "What is the House?" or "How many members does it take to constitute a House?" And when we have ascer tained that, then two thirds of that num ber will constitute a quorum in the Leg islature or a majority in Congress. The whole question turns upon what number of members may constitute the "House." If the House of Represen tatives consists of onlv one hundred members, then two thirds of one bun dred or eixty-seven will be necessary for a quorum. But if it may consist of eighty inemhers there being twenty vacaucies two-third3 of eighty,or fiftyfour, will constitute the quorum. Do?9 it require all the members elected, or authorized by law to be elected, to constitute the House? Clearly not. If it were so, then State Legislatures or the Congress of the United States would seldom have an organized or legal existence. Legislative bodies, especially those composed of large numbers, are seldom full. It hap pens a great part of the time, that there are vacancies in every Legislative body, growing out of a failure to elect, contested elections, resignations or death. When vacancies occur by resignation or death,' they are never filled without some delay, and oftentimes last throughout the session. Legislative bodies are organized and proceed to business while seats are left vacant, because of a failure to elect, failure to qualify, or contested elections. And yet in all these cases, the members that actually appear and qualify, or those that remain after the death or resignation of others, are held to constitute the "House," and to possess a legal existence as a Legislative body. : - The law provides for the election of one hundred members to the House of Representatives of this State. It from any cause, there should be a failure to
ENDS THOU AIM'ST AT, BE THY
elect in ten counties,' and .the number of members actually elected should be only ninety, yet when they meet and organ-1 ize they would constitute tne "tiouse beyond all question, and two tnirds or the House," by the express language of the Constitution, would form a quorum. Or if one hundred members be elected and take their seats, and ten of them afterward die or resign, the remaining ninety would constitute the "House." This is a necessary law to all legislative bodies; for full numbers can seldom be maintained. Therefore the "House," under either Constitution, does not consist of the whole numbers elected or authorized by law to be elect ed, but of the whole number of actual members. If, when the House meets, there be one hundred member electee and qu al lied, it would require sixty-seven to constitute the quorum. If, on the next day, two members should' die, the remaining ninety-eiht would constitute the "House," and two-thirds of that number sixty six would constitute the quorum. If, on the third day, forty members resign, the remaining fifty-eight will constitute the House, and forty will constitute the quorum. The number necessary to constitute a quorum will, therefore, change from time to time with the actual membership, of the "House. The quorum is intended to maintain a proportion of members present to the actual membership, and not to the num ber of members authorized by law to be elected. Section 18 of Article IV reads as fol lows: "Every bill shall be read by sec tions on three several days in each House, unless, in case of emergency, by a vote of two-thirds of the House where such bill may be depending, it shall be deemed expedient to dispense with this rule. The corresponding provision in the old Constitution of 1816, was iu these words: "Every bill shall be read on three several days in each House, unless, by a vote" of two-thirds of the House where the bill may be depending, shall deem it expedient to dispense with this rule. ' It ha3 never been the practice, under either Constitution, that the suspension of the rules required sixtyseven votes in the House or thirty four in the Senate, although the phraseology is precisely the same with that employed in the eleventh section of the fourth article, which declares that "twothirds of each House shall constitute a quorum to do business." If the phrase "twothirds of each House" means sixty-seven members in the House ofRepresentatives and thirey-four in the Senate to make a quorum, it would mean the same thing for the suspension of the rules, which has been settled the other way. By section fourteen of article four, two-thirds of either House may expel a member. If by "two thirds of either House" is meant sixty seven votes in the House and thirty-lour in the Senate, then a Representative could never be expelled by less than sixty-seven votes, or a Senator by less than thirty-four votes, which is not contended for by anj'body. If it were so, and the House of Rep resontatives were reduced to sixty-seven members, it would require the vote cf every one to expel a member for corruption, including that of the culprit himself; and his expulsion would destroy the Legislature. But it is said this view can not be maintained, because by the twenty fifth section of the seventh article of the Constitution it is provided that "a majority of the members elected to each House shall be necessary to pass every bill or joint rsolution." That under this section fifty-one votes would be required to pass a bill, and therefore that the quorum could never consist of less than fifty one members. It will be observed that the Inuguajie of this sec tion is entirely different from that of fie eleventh section, which provides for the quorum. The eleventh section, declares that "iioo-thirds of each House shall constitute a quorum;" but this section declares that "a majority of all members elected to each House shall be necessary to pass every bill or joint resolution." This, therefore, is an independent and arbitrary provision, regulating the final passage of bills and joint resolutions, and has nothing whatever to do with the question of the quorum. ' Again, in section 14 of 5th Article the votes of a"majority of all the mem bers elected to each House" are required to pass a bill over the Governor's veto. In the 1st Section of Article 1G the Legislature, by the votes of a "majority of the members elected to each of the two Houses" may submit to the people prop ositions to amend the Constitution. And again, it is provided in the 7th Section of Article 6, that State officers may be removed from office for crime.incapacity or negligence, by impeachment or joint resolution, "two thirds of the members elected to each branch voting, in either case therefor," "Two thirds of the members elected to each branch" or house is a very different statement from "two thirds of each house," and is obviously used in a different sense. "Two thirds of each house" refers to its present or actual condition, while two thirds of the members elected to . each branch" or house refers to the number originally elected, but which may have been reduced by resignation, death or expulsion. It is a two thirds vote in each case, but two-thirds of different aggregates. In the one case it is two-thirds of the actual membership of the House, whether it consists of one hundred or sixty members. In the other, it is two-thirds of the members originally elected.which number may have been greatly reduced. If it had been intended that a quorum should constat of two thirds of all the members elected, cr authorized by law to be elected to each House, the Constitution would have said so, with the same particularity that is used in specifying the number of votes necessary to pass a bill, propose amendments or impeach a State officer. The very particularity uBed in these cases shows clearly that
PALLADIWL
GOD'S, THY COUNTRY'S AND TRUTH'S!"
JUNE 1 , 1800. ; the phrase "majority of the House," or "two thirds of the House," would not convey the meaning desired. The Constitution of Ohio declares that "a major ity of all the members elected to each House shall constitute a quorum to do business," and then in other parts uses the prases, "a majority of each .Uouse,' and "two-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, therefore, may consist of a less number than is required to pass a bill, but the effect of the provision which requires the votes of a majority of all the members elected to each House o pass a bill is: that whenever the Legislature is so reduced as to consist of a less number than a majority of the members elected to each House, it shall be incapable of final legislation. Legislative powers are said to be incapable of annihilation. Tt cannot be presumed that it wa3 the intention of the framers of the Constitution to place it in tho power of the minority by factious resignations or otherwise to defeat the will of the people, and in fact to destroy the Constitution itself. It was not intended that a minority of the people of the State, living in a few counlie3, should have the power, by the re-election of members of the Legislature, who continue to resign from time to time, to de prive the rest of the people of the protection 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 a mere Rump has been guarded against by the provision which requires the votes of a ma jority 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 a clear ma jority of the members elected to each House. It received twenty-seven votes out of fifty in the Senate, and City-one out of one hundred in the House. The Constitution of the State has been complied with, not only in letter, but in spirit. The will of the majority, which is the very essense of Republican eov ment.has declared in favor of the amend ment, and all that can be complained of is, lu at a tactious minority has not been allowed to defeat their action. I will now proceed to show that the foregoing principles; which I have applied to the Constitution and Legislature of Indiana, have been fully recoanized by Congress a3 applicable to the Consti tution of the United States. As before quoted, the Constitution of the United States declares that "a majority of each House, shall constitute a quorum to do business." It is a majority in one case. and two thirds in the other, which con stitutes a quorum; but ttie question as to what constitutes a "House" is the same in each case. It is a majority of wnatr or two-tnirus ot wtiatr rue 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 isting, qualified members. The express rule of the Senato declaratory of the meaning of the Constitution of the United State3, is in these words: "A quo;n.i shall consist of a majority of the Senators duly chosen and sworn." The adoption of this rule, in lSGi.was preceded by elaborate debate in which it was opposed upou 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 a majority of actual members. Members resigned, members chosen, but not sworn, members contesting for seats, but not yet admitted, or vacancies, are not counted in making up a quorum. I am not aware that the House of Representatives ha3 any express rule up'.nthe 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 constitutes the House and the Senate. That either House may, by law, consist of a larger number is not taken into account Whenever the number c f members of the Senate is reduced by resignation, seces sion. or death, a majority of those who are left constitute a quorum. During the last session of the Fortieth Congress the number of members cf the Senate was sixty-six, and the quorum was thirty-four. But at the begin ing of the late session the number of members was only sixty-five, owing to the absence of the new Senator from Maryland, who was delayed by sickness, and the quorum fell to thirty-three; but afterwards, when he appeared and was sworn in, it rose to thirty-four again. The Constitution of the United States declares that the "Senate shall be composed of two Senators from each State, chosen by the Legislature thereof," and when the secession of the rebel members took place in 1861, it was boldly argued by the rebels and their friends that the legal character of the body was destroyed, because it could consist enly of two Seuators from each State, and that the quorum must continue to be what it was before secession took place. This opinion has been urged until very recently, and it has been said that Congress was an illegal body, hanging upon the verge of the Government, and that most of the important legislation since 1861 was unconstitutional, because of the absence of the necessary quorum in the two houses: the membership of the Senate having at one time been reduced to fifty, twentysix being held to be a quorum, and the Votes of fourteen sufficient for the enactment of laws. The very point was made by Mr. Sen
wtoly"1 I0.13;
ator Davis, of Kentucky, in the late impeachment trial, that the Senate could consist only of two Senators from each State. But it was negatived, there be ing two yeas and fortynine nays. The principle is fully established in the National Government that the legal character of Congress can not be destroyed by the resignation or secession of a portion of its members. That the members who remain in each House will constitute the "House;" that the necess sary quorum to do business in each House is determined by the actual mem bership, and not by what the member ship ought to be or might be by law. This is the , practical construction given to the Constitution of the United States,' aud is thoroughly Republican in its character, and is the only oae which can prevent a factious minority from in volving the country in anarchy; and this ' construction is just as necessary and proper in its application to the Consti tution of the State of Indiana, subject, however,,to the limitation that the Legislature ceases to be vital when the number of members in either House is reduced below a majority, of the members elected to that House. The doctrine contended for by the revolutionists leads to nullification and secession, and is but another form of the Calhoun philosophy that the government of the majority may of right be nullified by the minority. It is time to have done with all these pestiferous doctrines, and to reject from State Governments, as well as from the National, every noxious principle by which unscrupulous and desperate factions can block the wheels ot Government and endanger the peace of the country. When a minority abdicate to obstruct ' legislation, they must be held to resign their power into the hands of those who remain ; and it was upon this principle the majority acted when the rebel Senators and Representatives withdrew from Congress. The most dangerous revolu tion is that which is perpetrated under constitutional forms, and should the prin ciple be established that a minority of cither House can constitutionally destroy a legislature, we can scarcely be said to have a government. Passing by the question as to what quorum may be required in the Legislature for the enactment of laws and the transaction of business peculiar to the State, there is another view to to be taken with reference to the ratification of the Constitutional Amendment. The Fifth Article of the Constitution of the United States declares that Congress may, by a vote of two thirds in each House, submit to the Legislatures of the several States propositions to amend the Constitution of the United Slate3, which, if ratified by tbe Legislatures of threefourths of the Stales, will become a part of that instrument. The duty of the State Legislatures to consider the propositions thus submitted is imposed by the Constitution of the United States, and their members, under the oath they take to support that Constitution, are not at liberty to decline su,ch considera tion. The dut' to consider the amendments not being created by the Constitutions of the States, but by paramount authority, the performance of it could not be prohibited or prevented by. &ay provision in the Constitution of a State. The principle that a vote of the majority, wLether of the people or of a legislative body, shall express the popular will is eo essentially interwoven with the theory of the National Government, that it would seem that nothing more should be required for the ratification of a constitutional amendment than the atfirma tive vote of a majority of the members elected to each House of the State Legislature. If compliance with all the forms prescribed by a State constitution shall be nocessary to the validity of the ratification, it would be in the power of a State in that way to so hamper the consideration of an amendment as to practically nullify the provision in the Constitution of the United States. ', If the Constitution of a State should require all the members elected to the Legislature to be piesent, or the votes of all, to ratify an amendment to the Constitution of the United States, could it be denied that such a provision would practically nullify the Constitution of the United States? and would the nullifica tion be less where the State Constitu tion put it in the power of a minority of either House of the btate Legislature to prevent the ratification by destroying the Legislature r Where a duty is imposed upon a State Legislature by the Constitution of the United States, the performance of it in such manner as would meet the analo gies, or be sufficient under the Consti tution ot tne United states, would seem to be all that is necessary. This princi ple has received a remarkable illustra tion in the act of Congress approved Juiy2btlt, lebb, regulating tne manner of electing Senators of the United States. By the provisions of the first section of this act, on the second Tuesday after the meeting of tho Legislature, each House shall proceed to vote for Senator. At 12 o'clock meridian the next day, the members of the two houses shall assem ble in joint convention, and it the same person has received a majority of the votes in each house, ho shall be declared to ' be duly elected ; but if not, the joint assembly shall proceed, by viva voce vote, to choose a Senator, and the person having a majority of all the votes of said joint assembly, "a majority of all the members elected to both houses be ing present and voting, shall be declar ed duly elected. Suppose, for example. the Legislature of Indiana consisted of one hundred Representatives and fifty Senators ; the joint Assembly thus pro vided lor, might legally consist of sev enty-six members, they being a1 majcri ty of all the members elected to both Houses; and may all be Representatives, not a Senator being present, and a majority of these seventy six thirty nine may elect a Senator.-; By thi3 regula
HOLLOWAY,, DAVIS, Pre'rUlor.;
P.mpklets, ' Bills f I4Ja, Catalogues, Hill Jlead., astitrti.asjCartls, Nmm, ; Show Bills, Eavel.e, . U If aadMUt, MUfiOU:cifolare, Blank, Cheeks, , fit r. Posters, 5 vIiaWIe, A. PRICES FOR WORK REASONABLE tion, all 'questions of ' quorums under State Constitutions are left out. A. joint Convention id authorized,, which - may turn out to be no joint Convention at all, but may consist entirely of the members of one House they being a majority of all the members elected to both Housesand the votes of one fifth of all the members elected to both Houses, and nine votes over may be sufficient to elect n Senator, and the Senator thus elected is held to be "chosen by the Legislature," whatever it may take to constitute a Legislature, and the choice thus made is held to be a Legislative act. To tbis it may be said, that the power s conferred upon Congress to '.'regulate the manner" of 'electing 'United States Senators. But the power to "regulate the manner" does not dispense with the Constitutional . requirement that they shall be "chosen by the Legislature. The principle involved in this act goes much further than would be reqaired to make valid a ratification of an amend ment to the Constitution of the United States by the votes of the majority of all the members elected to each House of the State Legislature. But I need not pursue this branch of the argument any further, holding as I do, that a . constitutional quorum was present in each house when the amend ment was ratified, and that the ratifica tion was valid) both in substance and in form. o O. P. Moktok. JOHN DUDLEY, FOR Eastern Indiana. Mj. M. M. LACEY, Local Agent. CENTREVILLE, RICHMOND, Co. Clerk's Office. Warner Building-. GLOBE jSXTJTXJ AJ LIFE INSURANCE COMPANY OF NEW YORK. J Board of Reference for Eastern Indiana. Hia Excellency COXRAD BAKER, Governor of Indiana. Hon. David McDonald, JuJge of the U. S. District Court, Indiana. : Thomas H. Sharp, Indianapolis, Branch Banking Co. Jons C. New, Cashier of Frst National Bank, Idianapolia. ' ' - Wm. Glknn, Drv Goods Merchant, Indianapolis. S. A. Flbtchbb, Jr., Banker. - Hbxrt Schkuli,, Pres't Mer. Nat. Bank, Indianapolis. V. A. Malott, Caehier, " " - i Charles IIstbr, Charles F. Corns, President Richmond Nat. Bank. J. M. Gaar, of A. Gaar Ccmpanv, Bichmond. Richard Jackson fc Co., Dry Goods Merchants. -' John W. Grcbbs, of Howard, Grabbs A Co., M Jacob B. Jcliak, Attorney at Law, CentrevIUa. Wh. W. Dcdlbt, Clerk Warne Countv, C. B. Bbxtlt, Auditor, Franklin County, Brookville. Gborob Berrt. M.D., , ' T. B. Adams, Attorney, . ..! Gan. T. J. Brady, Muncie. JOHN DUDLEY, J Gen. Agent fur Eastern Indiana, 1 ' Centrbvillb, Ibdjama. GLOBE MUTUAL LIFE INSURANCE COMPANY. ASSETS, JANUARY 1, 1869. D. S. 6s, 1881 Bonds, cost.. . . $481,998.81 (Market value, $433,937.60.) TJ. S. 5-20, 1867, Bonds, cost. 61,416.75 -(Market value, $67,183.06.) U. S. 10-40 Bonds, cost 40,000.00 (Market value, $12,500,00.) ' Brooklyn City Bonds, cost.... 94,475.00 ' (Market value, $99,470.00 ) , : , ' New-York County Stock, cost. 10,000.00 (Market value, $10,600.) ; Astoria Bonds,.... ......... .. 8,9309 , Virginias p. c.Bon Ja......... ' 14,537.79 Bonds and Mortgages........ 393,850.00 Temporary Loans A Advances. 82,518.97 . Cash oa hand and on Deposit. . 99,752.45 - Premiums due from Agents,1 and in course of transmission and collection, and unadjusted accounts 95,807,16 Quarterly and Semi-Annual " Premiums due subsequent" - ' -, ' to Jan. 1, 1869, 215,261,03 Office Furniture, fixtureaafes etc., - 10,040,41 Printing and Stationery on hand, estimated 10,000,00 Accrued Interest 7,493,79 . " t Add Excess of market value ' of Bonds over cost.... .... $13,780.19 1,641,007.05 7 3-10th's City Bonds! Any person having money to loan and wishing to invest in Bonds of the City of Richmond, boating 7 3-10 per cent, interest, payable semi anually, can ' have an opportunity of doing so by calling a t ' CITIZElsrS' 3 FIRST NATIONAL BAUK k I ec-i :"irs .OF RICHMOND.' f a .' J t WILLIAM PARIITJ Richmond, lad., 5ta mo., 18th, 1869. , ll-$ir
