Mr. HENDERSON. n lines 29 and 30 of the 1st section I move to strike out the words “a majority of all the members elected to both Houses being present and voting.” I do not see that we have a right here to determine what shall be the Legislature of a State. The Constitution'provides that senators shall be chosen in each State by the legislature. Suppose the Legislature of a State is composed, as was once the case in Pennsyl vania, of only one branch; there can be no doubt that the people of a State may by their constitution abolish their Senate and have ab legislature composed of but one branch; and I 0 not see that the Federal Government could interfere with it. It will be observed that this bill provides 1st that the Senator shall be electe by the 2 branches of the Legislature. To that I do not object with the facts before us, because every State now has 2 branches to its Legislature. It then provides that the Senator shall be voted for in each House separately, and it will be observed thata different rule is prescribed for the election before the 2 branches acting separately from that prescribed for them when they go into joint session. In all the western States we elect by joint session. The constitution of my State provides that the election shall be by the Legislature in Jtsession. Hence this law will override the constitution of the State of Missouri. There is no provision in our constitution that we shall elect in the separate branches of the Legislature; and the member of the Legislature who refuses to go into joint session for the election of a Senator certainlywill do so in the face of the constitution and in obedience to this law when it shall have been passed. It is provided in this bill that. At 12 o'clock. meridian, of the day following that on which roccedings are required to take place as aforesaid, the membersof the 2 Houses shall convene in joint assembly and the Journal of each llouse shalltheu beread.andif thosanioperson shall have received a majority of all the votes in each housc, such person shall be declared duly elected Senator to representsaid State in the Congress of the U.S.: but ifthe same person shall not have receivedii majority of the votesin each Housonir if either llouso shall havefailed to take roccedinirsas rennin d bythis act. the joint casein I shall then proceedto choose, by a visa0000vote 0 eachmember present.a person for the purpose aforesaid and the personhaving a majority of all the votesof the said joint assembly.a majority of all the members elected to hot h HpusesbeingpresentandvotinirI shall be declaredduly elected. What is “ a majority of all the votes in each House 'I” Is it a majority of all elected? Surely not. It means a majority of what the State constitution may determine to be a no rum. A Senator can be elected in theNewEngland States by a maj0rity of a quorum. It is in the power of the several States, Iaprehend, to make a quorum consist ofless than a majority of all the members elected. Is there any power in Congress to say that a State legislature for legislative purposes shall consist only of a majority of all elected? I think not. Suppose the constitution of the State of missouri provided that for all legislative purposes 1/3rd of the members elected to each branch of the Legislature should constitute a uorum to do business; if they have a right to do it for legislative purposes ticy have a right to do it under the constitution for the purpose of electing a Senator. What is the Legislature of a State? Has Congress the power to declare what the Legislature shall consist of in aState, because of the fact that it has the right to prescribe the time and manner of electing senators? Iu other words, can Congress decide that one branch only shall be consulted in the election? Surely not. That is not pretended. In the latter art of the clause which I have read, it is provided that when the 2 Houses go into joint session, not a majority of a quo rum to do business, but a majority of all the members elected shall be present. Thus it undertakes to rescribe what shall be a quo rum of the Legislature. I apprehend that we have no authority to do that. All the authority we have on the subject is derived from the clause of the Constitution which empowers us to prescribe the time and manner (not the place) of choosing Senators. If we have a right to determine what shall be a quorum in the legislature we have the right to deter mine what the Eegislature is, because the same clause that gives us the right to prescribe the time and manner also says that the Senator shall be elected by the Legislature. What is the Legislature, and who is to determine what the Legislature of a State is? Can Congress determine it? If Congress can determineit for the election of Senators, I do not see why it. cannot for pnr uses of legislation. Is there any difference? he Legislature is the body that makes the laws and the Constitution says that the same Legislature shall elect Senators. In any State 1/3rd of all the members elected to the Legislature may be declared a quorum to do business by its constitution; and ct here it is proposed to say that a majority 0 all the memers elected must be present. I do not think Congress has the right, in determining the manner of electing Senators, to go so far as to say what shall constitute a uorum of a State Legislature. There is the difficulty and the only dilficulty I see in this bill. I think most clearly that that part of the bill ought to be stricken out, because if we can go to the extent of determining it we certainly can exercise a very dangerous power in deterlipining what the Legislature o a State may 0.