QUORUM-BREAKING

Here are two great moments in the history of quorum-breaking. Tony and Thomas and I got into a discussion about the TX redistricting story over beer and oysters last night, and it occured to me that examples of quorum-breaking haven't been mentioned too often in the debate. I'm not sure that either of these examples help at all, but they're entertaining at least

1) From Edmund Morgan, The Birth of the Republic, Chicago: U Chicago Press, 1992 [1956], on constitutional ratification in Pennsylvania in September, 1787:

The assembly was to dissolve on September 29, and when by September 28 no official word had arrived from Congress [concerning the transmission of the Constitution to the states], it looked as though the members would have to depart without summoning a ratifying convention. At this point the Federalists, alarmed by the rising tide of opposition, decided to act and had George Clymer, who until September 17 had been serving in the meeting downstairs, present a motion calling for a ratifying convention on November 30. There was a large enough majority to carry the motion, but before it could come to a vote, the noon recess interrupted the debate and allowed nineteen anti-Federalists (mostly westerners) to make their escape. They needed only to stay away to prevent any further business, for without them there would be no quorum, and the next day would end the session.

But on the next day the long awaited news from New York at last arrived, and the Federalists, feeling a little more righteous now, sent the sergeant at arms to round up the missing members. Only two were necessary to complete a quorum, and the sergeant found them at their lodgings. When they refused to accompany him, a mob was gathered -- there were enough friends of the Constitution in Philadelphia to make a mob. While the two westerners trembled in helpless rage, the people carried them gleefully to the state house, deposited them in their seats, and barred the door against another escape. The necessary motions were then hilariously passed, with the date of the convention advanced to November 20. (150-151)

2) From James McPherson, Battle Cry of Freedom, New York: Oxford Univ. Press, 1988, on Republican attempts to counter a newly-elected Democratic legislature that condemned emancipation and sought peace with the South in 1863:

Indiana's iron-willed Oliver P. Morton simply persuaded Republican legislators to absent themselves, thereby forcing the legislature into adjournment for lack of a quorum. For the next two years Morton ran the state without a legislature -- and without the usual appropriations. He borrowed from banks and businesses, levied contributions on Republican counties, and drew $250,000 from a special service fund in the War Department -- all quite extralegal, if not illegal. But Republicans everywhere endorsed the principle of Morton's action: the Constitution must be stretched in order to save constitutional government from destruction by rebellion.(596)