[25]. But this rule may be controlled by a special rule in reference to some particular subject or question; by which any less number than a majority may be admitted, or any greater number required to express the will of the assembly. Thus, it is frequently provided, in legislative assemblies, that one third or one fourth only of the members shall be sufficient to require the taking of a question [p25] ]by yeas and nays,[Footnote 5] ] and, on the other hand, that no alteration shall take place in any of the rules and orders, without the consent of at least two thirds, or even a larger number.
[Footnote 2:] [“The term quorum (literally, of whom) is one of the words used in England in the Latin form of the commission to justices of the peace. The part of the document wherein the word occurs reads thus: ‘We have assigned you, and every two or more of you, quorum aliquem vestrum, A, B, C, D, etc., unum esse volumus.—i.e. of whom we will that any of you A, B or C, etc., shall be one.’ This made it necessary that certain individuals, who, in the language of the commission, were said to be of the quorum, should be present during the transaction of business.”—Blackstone’s Commentaries, I. 352.] [Return to text]
[Footnote 3:] “Some legislative bodies have by law given a smaller number than a quorum the power to compel the attendance of absent members.”—Ed.] [Return to text]
[Footnote 4:] “A motion to suspend the rules is not debatable.”—Ed.] [Return to text]
[Footnote 5:] “In the United States, the number of members competent to demand that a question be taken by yeas and nays, is decided for Congress and for State legislatures by constitutional provision.
In the Constitution of the United States, the number is one fifth; some of the State constitutions give this power to one fifth, some to three members; some to two, and some to one.”—Ed.] [Return to text]
CHAPTER II.
OF THE OFFICERS.
[26]. The usual and necessary officers of a deliberative assembly are those already mentioned, namely, a presiding, and a recording, officer; both of whom are elected or appointed by the assembly itself, and removable at its pleasure. These officers are always to be elected by absolute majorities, even in those States in which elections are usually effected by a plurality, for the reason, that, being removable at the pleasure of the assembly, if any number short of a majority were to elect, [p26] ]a person elected by any such less number would not be able to retain his office for a moment; inasmuch as he might be instantly removed therefrom, on a question made for that purpose, by the votes of those who had voted for other persons on the election; and it is essential to the due and satisfactory performance of the functions of these officers, that they should possess the confidence of the assembly, which they cannot be said to do, unless they have the suffrages of at least a majority.