Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-22T10:19:32.690Z Has data issue: false hasContentIssue false
  • English
  • Français

Quorum Exploitation in the American Legislative Experience

Published online by Cambridge University Press:  04 September 2013

Peverill Squire
Peverill Squire*
Affiliation:
University of Missouri
*
[email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

I examine the exploitation of quorum rules in American legislatures from the colonial era to the present. After documenting changing quorum standards, I examine instances where minorities (and occasionally majorities) have exploited them through disappearing quorums and bolting quorums. This analysis allows me to identify the conditions under which quorum rules have been more easily abused for partisan purposes.

Type
Research Article
Information
Studies in American Political Development , Volume 27 , Issue 2 , October 2013 , pp. 142 - 164
Copyright
Copyright © Cambridge University Press 2013 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. On obstructive actions in the Congress, see the discussion in Koger, Gregory, Filibustering: A Political History of Obstruction in the House and Senate (Chicago: University of Chicago Press, 2010), 16–19CrossRefGoogle Scholar; in state legislatures, see Dodds, H. W., Procedure in State Legislatures (Philadelphia: American Academy of Political and Social Science, 1918)Google Scholar; and Martorano, Nancy, “Cohesion or Reciprocity? Majority Party Strength and Minority Party Procedural Rights in the Legislative Process,” State Politics and Policy Quarterly 4 (2004): 55–73CrossRefGoogle Scholar.

2. On procedures in the House of Burgesses, see Pargellis, S. M., “The Procedure of the Virginia House of Burgesses II,” William and Mary College Quarterly Historical Magazine 7 (1927): 143–57CrossRefGoogle Scholar. On the absence of political parties, see Greene, Jack P., “Character, Persona, and Authority: A Study of Alternative Styles of Political Leadership in Revolutionary Virginia,” in The Revolutionary War in the South, ed. Higgins, W. Robert (Durham: Duke University Press, 1979), 40Google Scholar; and Main, Jackson Turner, Political Parties before the Constitution (Chapel Hill: University of North Carolina Press, 1973), 5, 11Google Scholar.

3. On filibusters in state legislatures, see Squire, Peverill and Hamm, Keith E., 101 Chambers: Congress, State Legislatures, and the Future of Legislative Studies (Columbus: Ohio State University Press, 2005), 122–23Google Scholar.

4. See Votes and Proceedings of the House of Representatives of the Province of Pennsylvania. Beginning the Fourth Day of December, 1682, vol. the first (Philadelphia: B. Franklin and D. Hall, 1752), 2Google Scholar; and McConachie, Lauros G., Congressional Committees (New York: Thomas Y. Crowell, 1898), 24Google Scholar.

5. See the discussions in Koger, Filibustering: A Political History of Obstruction in the House and Senate, 19–24; and Wawro, Gregory J. and Schickler, Eric, “Legislative Obstructionism,” Annual Review of Political Science 13 (2010): 297–319CrossRefGoogle Scholar.

6. See Koger, Gregory, “Filibustering and Parties in the Modern Senate,” in Congress Reconsidered, 10th ed., ed. Dodd, Larry C. and Oppenheimer, Bruce I. (Los Angeles: CQ Press, 2013), 225–26Google Scholar.

7. Legislature of the State of Louisiana. Debates in the Senate in Its Session of 1853 (New Orleans: Emile La Sere, 1853), 133–34Google Scholar.

8. Shurtleff, Nathaniel B., ed., Records of the Governor and Company of the Massachusetts Bay in New England, vol. 1 (Boston: William White, 1853), 10–11Google Scholar.

9. Hatsell, John, Precedents of Proceedings in the House of Commons; under Separate Titles, vol. 2 (London: Luke Hansard and Sons, 1818), 173Google Scholar.

10. Charters and General Laws of the Colony and Province of Massachusetts Bay (Boston: T. R. Wait and Co., 1814), 743Google Scholar.

11. Quorum rules are just one example of how the colonial assemblies evolved differently from the British model. The most prominent is, of course, that the assemblies did not adopt a parliamentary system. Other notable differences were the development of standing committee systems and member compensation in the colonial assemblies at about the same time that both disappeared in the British Parliament. On these other differences, see Squire, Peverill, The Evolution of American Legislatures: Colonies, Territories, and States, 1619–2009 (Ann Arbor: University of Michigan Press, 2012)CrossRefGoogle Scholar.

12. Minutes of the Provincial Council of Pennsylvania, from the Organization to the Termination of the Proprietary Government (Harrisburg, PA: Theophilus Fenn, 1838), xxxviiGoogle Scholar.

13. See Clarke, Mary Patterson, Parliamentary Privilege in the American Colonies (New Haven: Yale University Press, 1943), 174–75Google Scholar; Cook, Florence, “Procedure in the North Carolina Colonial Assembly, 1731–1770,” North Carolina Historical Review 8 (1931): 258–83Google Scholar; Greene, Jack P., The Quest for Power: The Lower Houses of Assembly in the Southern Royal Colonies 1689-1776 (Chapel Hill: University of North Carolina Press, 1963), 216–19Google Scholar; Luce, Robert, Legislative Procedure (Boston: Houghton Mifflin, 1922), 24–27Google Scholar; Squire, The Evolution of American Legislatures, 59–60.

14. Miller, Elmer I., The Legislature of the Province of Virginia; Its Internal Development (New York: Columbia University Press, 1907), 111CrossRefGoogle Scholar; and Pargellis, S. M., “The Procedure of the Virginia House of Burgesses I,” William and Mary College Quarterly Historical Magazine 7 (1927): 73–86CrossRefGoogle Scholar.

15. Browne, William Hand, ed., Proceedings and Acts of the General Assembly of Maryland, January 1637/8-September 1664 (Baltimore: Maryland Historical Society, 1883), 146Google Scholar.

16. Bartlett, John Russell, ed., Records of the Colony of Rhode Island and Providence Plantations, in New England, vol. 2 (Providence, RI: A. Crawford Greene and Brother, 1857), 472Google Scholar.

17. Belknap, Jeremy, American Biography: or, an Historical Account of Those Persons Who Have Been Distinguished in America, as Adventurers, Statesmen, Philosophers, Divines, Warriors, Authors, and Other Remarkable Characters, vol. 2 (Boston: Isaiah Thomas and E. T. Andrews, 1796), 437–38Google Scholar.

18. Votes and Proceedings of the House of Representatives of the Province of Pennsylvania, vol. the First in Two Parts (Philadelphia: B. Franklin and D. Hall, 1752), 55Google Scholar.

19. Redlich, Joseph, The Procedure of the House of Commons: A Study of Its History and Present Form, vol. 2 (London: Archibald Constable & Co, 1908), 76Google Scholar.

20. See Journal of the Votes and Proceedings of the House of Representatives of the Province of Pennsylvania (Philadelphia: Andrew Bradford, 1728), 15–16;Google Scholar and Votes and Proceedings of the House of Representatives of the Province of Pennsylvania, vol. the First in Two Parts, 146.

21. See Dunlap's Pennsylvania Packet, “To The People,” June 24, 1776; and Force, Peter, American Archives: Fourth Series, vol. 6 (Washington, DC: M. St. Clair Clarke and Peter Force, 1846), 846–66Google Scholar.

22. Greene, The Quest for Power, 217.

23. See Greene, Jack P., “South Carolina's Colonial Constitution: Two Proposals for Reform,” South Carolina Historical Magazine 62 (1961): 72–81Google Scholar.

24. Saunders, William L., ed., The Colonial Records of North Carolina, vol. 4 (Raleigh, NC: P. M. Hale, 1886), 1153Google Scholar.

25. Bouton, Nathaniel, ed., Documents and Records, During the Period of the American Revolution, From 1776 to 1783; Including the Constitution of New Hampshire, 1776; New Hampshire Declaration for Independence; the “Association Test,” with Names of Signers, &c.; Declaration of American Independence, July 4, 1776; the Articles of Confederation, 1778 (Concord, NH: Edward A. Jenks, 1874), 8Google Scholar.

26. Jefferson, Thomas, Notes on the State of Virginia (Philadelphia: Prichard and Hall, 1788), 133Google Scholar.

27. Gilpin, Henry D., The Papers of James Madison Purchased by Order of Congress; Being His Correspondence and Reports of Debates During the Congress of the Confederation and His Reports of Debates in the Federal Convention; Now Published from the Original Manuscripts, Deposited in the Department of State by Direction of the Joint Committee of Congress Under the Supervision of Henry D. Gilpin, vol. 3 (Washington, DC: Langtree & O'Sullivan, 1840), 1287–90Google Scholar.

28. Madison, James, Hamilton, Alexander, and Jay, John, The Federalist Papers (New York: New American Library, 1961), 361Google Scholar.

29. Boon's Lick Times (MO), “From Our Jefferson City Correspondent,” March 8, 1845.

30. The Legislative Sentinel: Containing the Proceedings and Debates of the Special Session of the General Assembly of the State of Indiana, Convened by Proclamation of the Governor, on the 20th Day of November, 1858 (Indianapolis: Bingham & Doughty, 1858), 46Google Scholar.

31. Galveston Weekly News (TX), “Editorial Correspondence,” January 8, 1856.

32. On this problem in the U.S. House, see Forgette, Richard G., “Reed's Rules and the Partisan Theory of Legislative Organization,” Polity 29 (1997): 375–96CrossRefGoogle Scholar; Valelly, Richard M., “The Reed Rules and Republican Party Building: A New Look,” Studies in American Political Development 23 (2009): 115–42CrossRefGoogle Scholar.

33. Broussard, James H., “Party and Partisanship in American Legislatures: The South Atlantic States, 1800–1812,” Journal of Southern History 43 (1977): 39–58CrossRefGoogle Scholar; Davis, Rodney O., “Partisanship in Jacksonian State Politics: Party Divisions in the Illinois Legislature, 1834–1841,” in Quantification in American History, ed. Swierenga, Robert (New York: Atheneum, 1970)Google Scholar; Ershkowitz, Herbert and Shade, William G., “Consensus or Conflict? Political Behavior in the State Legislatures during the Jacksonian Era,” Journal of American History 58 (1971): 591–621CrossRefGoogle Scholar; Lowell, A. Lawrence, The Influence of Party upon Legislation in England and America (Washington, DC: Government Printing Office, 1902)Google Scholar.

34. Davidson, Roger H. and Oleszek, Walter J., Congress against Itself (Bloomington: Indiana University Press, 1977), 23–24Google Scholar.

35. See Galloway, George B., History of the House of Representatives (New York: Thomas Y. Crowell, 1961), 52–53Google Scholar; Peters, Ronald M. Jr., The American Speakership: The Office in Historical Perspective, 2nd ed. (Baltimore: Johns Hopkins University Press, 1997), 62–67Google Scholar; and Strahan, Randall, Leading Representatives: The Agency of Leaders in the Politics of the U.S. House (Baltimore: Johns Hopkins University Press, 2007), 106–7CrossRefGoogle Scholar.

36. Galloway, History of the House of Representatives, 52. On Reed, see Reed, Thomas B., “The Limitations of the Speakership,” North American Review 150 (1890): 382–90Google Scholar; and Hinds, Asher C., Hinds’ Precedents of the House of Representatives of the United States Including References to Provisions of the Constitution, the Laws, and Decisions of the United States Senate, vol. 4 (Washington, DC: U.S. Government Printing Office, 1907), 66–67Google Scholar.

37. The quote is from a speaker of the Ohio House. See “Drift,” The American: Journal of Literature, Science, the Arts, and Public Affairs 19 (1890): 342Google Scholar.

38. Moses, John, Illinois Historical and Statistical, vol. 2 (Chicago: Fergus Printing Co., 1892), 904Google Scholar.

39. Journal of the Senate of the Thirty-Fourth General Assembly of the State of Illinois, Begun and Held at Springfield, January 7, 1885 (Springfield, IL: Journal Company, 1885), 495–96Google Scholar.

40. Journal of the Sixth Session of the Legislature of the State of California, Begun on the First Day of January, 1855, and Ended on the Seventh Day of May, 1855 at the City of Sacramento (Sacramento: B. B. Redding, 1855), 12Google Scholar.

41. Southern Recorder (GA), “For the Recorder,” March 19, 1850. Italics in original.

42. Journal of the House of Representatives of the State of Ohio; Being the First Session of the Forty-Fourth General Assembly, Held in the City of Columbus, Commencing on Monday, December 1, 1845 (Columbus, OH: C. Scott and Co, 1846), 216Google Scholar.

43. “Drift,” 342.

44. Reed, “The Limitations of the Speakership,” 388.

45. Journal of the House of Representatives, of the State of Ohio, for the Regular Session of the Sixty-Sixth General Assembly, Commencing Monday, January 7th, 1884 (Columbus, OH: G. J. Brand & Co., 1884), 147–48Google Scholar.

46. Journal of the House of Representatives of the Commonwealth of Massachusetts (Boston: Wright & Potter, 1874), 563–64Google Scholar. Italics in original.

47. Hinds, Hinds’ Precedents, 66; Reed, “The Limitations of the Speakership,” 387.

48. Journal of the Senate of the State of New York: at their One Hundred and Fifth Session (Albany, NY: Weed, Parsons & Co., 1882), 724Google Scholar; and New-York Tribune, “The News of the Morning,” March 16, 1883.

49. Journal of the Senate of the State of New York: at their One Hundred and Sixth Session (Albany, NY: Weed, Parsons & Co., 1883), 358–63Google Scholar.

50. Reed, “The Limitations of the Speakership,” 388.

51. Journal of the Senate for the Year 1885 (Boston: Wright & Potter, 1885), 352, 584–85Google Scholar.

52. Hinds, Hinds’ Precedents, 66–67; Reed, “The Limitations of the Speakership,” 387.

53. House Journal of the Forty-Fourth General Assembly of the State of Tennessee, Which Convened at Nashville, on the First Monday in January, A. D. 1885 (Nashville, TN: Albert B. Tavel, 1885), 566Google Scholar.

54. Nashville Banner, “The Legislature,” March 11, 1885.

55. New York Times, “The Troublesome Quorum,” February 10, 1887; New York Times, “The Tennessee Legislature,” March 16, 1887; “What Is a Quorum,” Albany Law Journal, April 16, 1887, 305–6Google Scholar.

56. Reed, “The Limitations of the Speakership,” 388.

57. Follett, M. P., The Speaker of the House of Representatives (New York: Longmans, Green, and Co., 1896), 202–3Google Scholar.

58. Journal of the Senate of the Commonwealth of Pennsylvania, for the Extraordinary Session Begun at Harrisburg, on the 7th Day of June, 1883 (Harrisburg, PA: Lane S. Hart, 1883), 143–46Google Scholar; Warren Ledger (PA), “Revolutionary Senate,” September 21, 1883.

59. Indiana Democrat (PA), “Revolution and Rum in the Senate,” September 20, 1883; Warren Ledger (PA), “Revolution and Rum in the Senate,” September 21, 1883.

60. Legislative Directory, with Names of Members and Heads of Departments, Committees of Both Houses, Constitution of 1874, and the Rules of the Senate and House (Harrisburg, PA: Lane S. Hart, 1883), 31Google Scholar.

61. Smull's Legislative Hand Book, and Manual of the State of Pennsylvania (Harrisburg, PA: E. K. Meyers 1889), 578Google Scholar.

62. Grant, James, Mr. Speaker! The Life and Times of Thomas B. Reed, the Man Who Broke the Filibuster (New York: Simon & Shuster, 2011), 316–27Google Scholar.

63. New York Times, “In the Steps of Czar Reed,” April 2, 1891.

64. Upham, Cyril B., “The Speaker of the House of Representatives in Iowa,” Iowa Journal of History and Politics 17 (1919): 3–82Google Scholar; Upham, Cyril B., “The President of the Senate in Iowa,” Iowa Journal of History and Politics 17 (1919): 223–65Google Scholar; Journal of the House of Representatives of the Twenty-Sixth General Assembly of the State of Iowa, Which Convened at the Capitol in Des Moines, January 13, 1896, and Adjourned April 11, 1896 (Des Moines, IA: F. R. Conaway, 1896), 931Google Scholar.

65. Michigan Official Directory and Legislative Manual for the Years 1905–1906 (Lansing, MI: Wynkoop Hallenbeck Crawford Co., 1905), 108Google Scholar.

66. New York Times, “Fighting for Judgeships,” April 17, 1891; New York Times, “The Kentucky Senatorship,” March 28, 1897; New York Times, “Deboe Lacks Four Votes,” April 26, 1897.

67. Senate Manual Wisconsin (Madison, WI: Wisconsin Senate, 1913), 11Google Scholar.

68. House Journal of the Fifth Legislature of the State of Washington, Begun and Held at Olympia, the State Capital, January 11, 1897 (Olympia, WA: O. C. White, 1897), 117Google Scholar.

69. Dodds, Procedure in State Legislatures, 86.

70. Minutes of the Third Session of the Eleventh General Assembly of the Commonwealth of Pennsylvania (Philadephia: Hall and Sellers, 1787), 244Google Scholar. Italics in original.

71. Minutes of the Third Session of the Eleventh General Assembly, 245. Italics in original.

72. Independent Gazetteer (PA), “Philadelphia,” October 3, 1787; Pennsylvania Herald, and General Advertiser, “An Address of the Subscribers, Member of the Late House of Representatives of the Commonwealth of Pennsylvania to Their Constituents,” October 3, 1787.

73. Simon, Paul, Lincoln's Preparation for Greatness: The Illinois Legislative Years (Urbana: University of Illinois Press, 1971), 228Google Scholar. Simon mistakenly places the incident at the Second Presbyterian Church, where the House had met the previous session. See the Senate's report of a request by the House to switch places with them (the Senate had already moved into the Statehouse) because of the Methodist Church's cramped quarters, Journal of the Senate of the Twelve General Assembly of the State of Illinois, Convened by Proclamation of the Governor, being Their First Session, Begun and Held in the City of Springfield, November 23, 1840 (Springfield, IL: Wm. Walters, 1840), 21Google Scholar.

74. Illinois State Register, quoted in Simon, Lincoln's Preparation for Greatness: The Illinois Legislative Years, 229.

75. Journal of the House of Representatives of the State of Louisiana (New Orleans, LA: W. R. Fish, 1864), 223Google Scholar; State Gazette Appendix, Containing Official Reports of Debates and Proceedings of the Sixth Legislature of the State of Texas, vol. 1 (Austin, TX: State Gazette Office—Marshall & Oldham, 1856), 220Google Scholar.

76. Graf, LeRoy P. and Haskins, Ralph W., The Papers of Andrew Johnson, vol. 1 (Knoxville: University of Tennessee Press, 1967), 35Google Scholar; New-York Tribune, “Tennessee without Senators,” January 3, 1842.

77. Foulke, William Dudley, Life of Oliver P. Morton (Indianapolis, IN: Bowen-Merrill, 1899), 110–11Google Scholar.

78. Brevier Legislative Reports, Embracing Short-Hand Sketches of the Journals and Debates of the General Assembly of the State of Indiana, Convened in Regular Session on the Tenth Day of January, 1867 (Indianapolis, IN: Indianapolis Journal, 1867), 169Google Scholar.

79. Brevier Legislative Reports, Embracing Short-Hand Sketches of the Journals and Debates of the General Assembly of the State of Indiana, Convened in Regular Session on the 10th Day of January, 1861 (Indianapolis, IN: Daily Indiana State Sentinel, 1861), 346Google Scholar.

80. Laws of the State of Indiana, Passed at the Forty-Fifth Regular Session of the General Assembly, Begun on the Tenth Day of January, A.D. 1867 (Indianapolis, IN: Alexander H. Conner, 1867), 131Google Scholar.

81. Brevier Legislative Reports, 1867, 167.

82. Journal of the House of Representatives of the State of Indiana During the Forty-Sixth Regular Session of the General Assembly, Commencing Thursday, January 7, 1869 (Indianapolis, IN: Alexander H. Conner, 1869), 893Google Scholar; Journal of the Senate of the State of Indiana During the Forty-Sixth Session of the General Assembly, Commencing Thursday, January 7, 1869 (Indianapolis, IN: Alexander H. Conner, 1869), 685–86Google Scholar.

83. Fort Wayne Daily Gazette (IN), “Legislative,” March 5, 1869; Fort Wayne Daily Gazette (IN), “The Duty of the Majority of the Legislature,” April 13, 1869; New York Times, “Resignation of Democratic Members of the Indiana Legislature,” March 8, 1869; Gerichs, William Christian, “The Ratification of the Fifteenth Amendment in Indiana,” Indiana Magazine of History 9 (1913): 131–66Google Scholar.

84. Journal of the Indiana Senate During the Special Session of the Forty-Sixth Session of the General Assembly, Commencing Thursday, April 8, 1869 (Indianapolis, IN: Alexander H. Conner, 1869), 39–40Google Scholar.

85. Journal of the House of Representatives of the State of Indiana, During the Special Session of the General Assembly, Commencing Thursday, April 8, 1869 (Indianapolis, IN: Alexander H. Conner, 1869), 599–601Google Scholar; Journal of the Indiana Senate During the Special Session of the Forty-Sixth Session of the General Assembly, 479–81. In the journals it appears that fifteen senators and forty-two representatives resigned, but sixteen senators and forty-one representatives is the correct number. See Gerichs, “The Ratification of the Fifteenth Amendment,” 153–54.

86. Brevier Legislative Reports: Embracing Short-Hand Sketches of the Journals and Debates of the General Assembly of the State of Indiana Special Session of 1869 (Indianapolis, IN: W. H. Drapier, 1869), 222–25Google Scholar; Journal of the Indiana Senate During the Special Session of the Forty-Sixth Session of the General Assembly, 475–76; Fort Wayne Daily Gazette, “Letter from Indianapolis,” May 19, 1869; Gerichs, “The Ratification of the Fifteenth Amendment,” 154–55.

87. Brevier Legislative Reports 1869, 239–45; Journal of the House of Representatives of the State of Indiana, During the Special Session of the General Assembly, Commencing Thursday, April 8, 1869, 602–5.

88. Fort Wayne Daily Gazette, “Senator Morton's Letter,” May 26, 1869. For national attention, see Cairo Evening Bulletin (IL), “O. P. Morton on Quorums,” May 27, 1869; Chariton Democrat (IA), “Mr. O. P. Morton's Opinion,” June 3, 1869; Chicago Tribune, “The Indiana Bolters,” May 28, 1869; Elk County Advocate (PA), “News Items,” June 11, 1869; Mountain Democrat (CA), “Radical Logic,” June 19, 1869; New York Times, “The Indiana Ratification—Senator Morton's Argument,” June 2, 1869; New-York Tribune, “The Law of Quorums,” June 1, 1869; Perrysburg Journal (OH), “Senator Morton on the Indiana Ratification,” June 11, 1869; and Urbana Union (OH), “An Exhaustive Argument,” June 2, 1869.

89. See Cairo Evening Bulletin (IL), “The Quintessence of Radical Folly,” May 29, 1869.

90. See Evans, Auditor of State v. Browne, in Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, with Tables of the Cases and Principal Matters (Indianapolis, IN: Douglass & Conner, 1869), 514–27Google Scholar.

91. Debates and Proceedings of the Constitutional Convention of the State of Illinois, Convened at the City of Springfield, Tuesday, December 13, 1869, vol. 1 (Springfield, IL: E. L. Merritt & Brother, 1870), 522–24Google Scholar.

92. Fort Wayne Daily Sentinel (IN), “Legislative Summary,” February 24, 1871; Journal of the House of Representatives of the State of Indiana, During the Forty-Seventh Regular Session of the General Assembly, Commencing Thursday, January 5, 1871 (Indianapolis, IN: R. J. Bright, 1871), 959–61, 967Google Scholar; Nashville Union and American, “An Invention to Plague the Inventor,” March 1, 1871; New York Times, “The West,” February 24, 1871; Perrysburg Journal (OH), “The Address of the Indiana ‘Resigners,’” March 10, 1871.

93. New York Times, “Scene in the Tennessee Legislature,” February 25, 1866.

94. Knoxville Whig, “Progress of the ‘Little Rebellion’—The Mutineers in the Legislature,” February 28, 1866; Nashville Daily Union, “Tennessee Legislature,” February 27, 1866.

95. Fertig, James Walter, The Succession and Reconstruction of Tennessee (Chicago: University of Chicago Press, 1898), 74–75Google Scholar; Nashville Daily Union and American, “The Special Elections,” April 5, 1866; Nashville Daily Union and American, “The Jacobins of Tennessee,” April 13, 1866; Nashville Daily Union and American, “The Legislature,” April 13, 1866; Sacramento Daily Union, “Reassembling of the Tennessee Legislature,” April 10, 1866.

96. Knoxville Whig, “More Bolting,” July 11, 1866; Knoxville Whig, “Tennessee Legislature,” July 11, 1866; New York Times, “Tennessee,” July 11; 1866.

97. Knoxville Whig, “Decision of a Rebel Judge,” July 25, 1866; New York Times, “Tennessee,” July 18, 1866.

98. Fertig, The Succession and Reconstruction of Tennessee, 78; Knoxville Whig, “Ratification of the Constitutional Amendment,” July 25, 1866; New York Times, “Washington News,” July 20, 1866.

99. Nashville Union and Dispatch, “Impeachment,” May 18, 1867; Proceedings of the High Court of Impeachment, in the Case of the People of the State of Tennessee, vs. Thomas N. Frazier, Judge, etc. (Nashville, TN: S. C. Mercer, 1867)Google Scholar.

100. Fertig, The Succession and Reconstruction of Tennessee, 79; Journal of the Proceedings of the Convention of Delegates Elected by the People of Tennessee, to Amend, Revise, or Form and Make, a New Constitution for the State (Nashville, TN: Jones, Purvis & Co., 1870), 202–4Google Scholar.

101. Hocking Sentinel (OH), “The Senatorial Muddle,” May 13, 1886; Journal of the Senate of the State of Ohio, for the Regular Session of the Sixty-Seventh General Assembly, Commencing on Monday, January 4, 1886 (Columbus, OH: Myers Brothers, 1886), 515–19Google Scholar; New York Times, “Ohio's Senatorial Exiles,” May 7, 1886; Sun (NY), “Democrats go Fishing,” May 6, 1886; Sun (NY), “Ohio's Runaway Senators,” May 8, 1886.

102. Hubbard, C. C., “Legislative ‘War’ in Rhode Island,” National Municipal Review 13 (1924): 477–80CrossRefGoogle Scholar; New York Times, “Gassed Solons Flee in Rhode Island,” June 21, 1924; New York Times, “Senate Exiles Due In Rhode Island” January 3, 1925.

103. Squire, Peverill and Moncrief, Gary, State Legislatures Today: Politics Under the Domes (Boston: Longman, 2010), 127–31Google Scholar.

104. Dan Morain, “Assembly in Disarray Over Speakership: Politics: Brown Declares Himself ‘Presiding Officer.’ Republicans Boycott Session, Say They Will Stay Away Until Jan. 4,” Los Angeles Times, December 7, 1994.

105. Journal of the House of Representatives of Texas, Being the Regular Session of the Twenty-Seventh Legislature, Convened at the City of Austin, January 8, 1901 (Austin, TX: Von Boeckmann, Scrutze & Co., 1901), 939Google Scholar.

106. New York Times, “Ohio's Senatorial Exiles,” May 7, 1886.

107. Hopkinsville Kentuckian, “Tenn. Solons are Still Here,” March 4, 1909.

108. New York Times, “Fillibusters Centre of Interest,” August 23, 1920.

109. New York Times, “The ‘Outlaws’ of Rutland,” June 27, 1924.

110. New York Times, “Runaway Senators Return.” March 6, 1909.

111. New York Times, “Democrats Bolt From the Indiana Senate, Breaking Quorum to Take Refuge in Ohio,” February 26, 1925.

112. Post-Democrat (IN), “Senators Have Returned: Will Not Be Punished,” February 27, 1925.

113. Squire and Moncrief, State Legislatures Today, 180.