throughout the state. This is called electing by general ticket. Very few states, however, practise this mode.

§ 212. "When vacancies happen in the representation "from any state, the executive authority thereof shall "issue writs of election to fill such vacancies."-Art. 1, sec. 2, cl. 4.

§ 213. As vacancies sometimes happen by the death, resignation, or removal, of some of the representatives of a state, such vacant districts, which may sometimes comprise a great portion, or even the whole of such state, would remain unrepresented till the next regular election, unless some provision had been made to fill such vacancies. Persons chosen to fill vacancies, hold their offices only for the unexpired term of those whose places they are chosen to supply.

§ 214. "The house of representatives shall choose their "speaker and other officers; and shall have the sole power "of impeachment."—Art. 1, sec. 2, cl. 5.

The election of officers of a legislative body, and also the subject of impeachment, are treated of in other places. (§ 71, 72, 105, 106, 230.)

CHAPTER V.

The Senate.

§ 215. "THE senate of the United States shall be com"posed of two senators from each state, chosen by the "legislature thereof for six years; and each senator shall "have one vote."-Art. 1, sec. 3, cl. 1.

§ 216. The principal objects of the institution of a senate have been considered. (§ 66, 68, 69.) But there were reasons of a more special nature for the manner in which

212. How may vacancies in office be filled? § 213. Why is this vision necessary? § 214. Why is the power of impeachment a to the house?

215. How is the senate composed? How chosen? § 216. Why

the national senate is constituted. We have spoken of the difficulty of reconciling the small states to a proportional representation, a representation in proportion to the num ber of inhabitants of each state. The compromise, in which the small states gave up their claim to equality in the house, was effected, at least in part, by the con sent of the large states to an equal representation in the senate. But aside from the necessity of the case, this equality was peculiarly proper. In a government entirely national, every district would have a right to a proportional representation; and in a simple confederacy of independent states, each is entitled to an equal share in the common councils. Hence, in a government like ours, partaking of both the national and federal character, there is a manifest propriety in giving to one branch of the legislature a proportional, and to the other an equal representation.

§ 217. As to the mode of appointing senators, there was a diversity of opinion among the members of the conven tion. Besides the mode adopted, two others were proposed; the one, appointment by the house of representatives of the United States; the other, election by the people of each state. The appointment by the state legislature was, however, presumed to be most congenial with the public opinion. The advantages of this mode are, first, the members of the legislature, from their more extensive acquaintance with public men, are capable of making a more judicious selection; secondly, the election not being made directly by the people, but by the state governments, senators will not be influenced by the same local interests and sectional feelings as the members of the house; and thus they will exercise a more effectual restraint upon the proceedings of that body.

§ 218. The usual manner in which senators are chosen by a state legislature, is by a joint vote; that is, both houses meet, and vote numerically, as a single body. In some states, the choice is made by a concurrent vote. By this mode, each house votes separately, and must concur with

is each state equally represented in the senate? § 217. What are the advantages of the present mode of choosing senators? § 218. What different modes of choosing senators are practised? §219. Why

the other as in the passage of a law. In cases of disagreement between the two houses, the election of senators by a concurrent vote, is often attended with much difficulty; for so long as each house adheres to its favorite candidate, no election can be effected: And, as a consequence, a state is often for a long time deprived of a full representation in the national senate.

§ 219. A long term of office of senators is considered necessary to prevent the evils which flow from instability in the administration of the government. ($66.) Among the framers of the constitution were those who were in favor of appointing senators during good behavior. Others proposed specific periods for the term of service, differing in length, from three to nine years. The medium of six years was adopted, as being supposed to be sufficiently long to impart firmness and stability to the senate, and yet short enough to secure a due sense of responsibility on the part of the members.

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§ 220. "Immediately after they shall be assembled in consequence of the first election, they shall be divided as "equally as may be into three classes. The seats of the "senators of the first class shall be vacated at the expiration "of the second year, of the second class at the expiration of "the fourth year, and of the third class at the expiration of "the sixth year; so that one third may be chosen every "second year and if vacancies happen by resignation, or "otherwise, during the recess of the legislature of any state, "the executive thereof may make temporary appointments "until the next meeting of the legislature, which shall then "fill such vacancies."

§221. This division and classification of the senate, by which one third only of the members are vacated every second year, are calculated to secure the service, at all times, of a majority of experienced members, acquainted with the general principles of national policy, and with the forms and course of business.

§ 222. Without the authority given in this clause to the

are senators elected for a longer term than representatives? § 220. How are the senators divided and classified? How are vacancies filled? § 221. What is the object of this division and classification of the sen

executive of a state to fill casual vacancies, either the legislature must be specially convened to make the appointment, or the state must be, for a time, without a full vote in the national legislature. The executive of a state cannot constitutionally make an appointment before the vacancy actually Occurs. In 1825, the governor of the state of Connecticut, having been previously notified that the senate would be convened on the fourth of March, and the legislature of the state not being in session, made an appointment, in February, to fill a vacancy that must occur on the third day of March, by the expiration of the term of service of one of the senators from that state. But the appointment having been made before the vacancy had occurred, the senate decided, by a vote of 23 to 18, that the senator thus appointed, was not entitled to a seat.

§223. "No person shall be a senator, who shall not have "attained the age of thirty years, and been nine years a citi. 66 zen of the United States, and who shall not, when elected, "be an inhabitant of that state for which he shall be chosen." —Art. 1, sec. 3, cl. 3.

§224. The propriety of requiring greater age and a longer period of citizenship as qualifications for a senator than for a representative, will appear from the superior weight and delicacy of the trusts confided to this body. Besides its duties as a component part of the legislature, it has to act in a judicial capacity in trials of impeachment; and, in conjunction with the president, it makes treaties with fo. reign nations, and appoints ambassadors and other high executive, as well as judicial officers. No person is qualified for such a station who does not possess much experience, a firm character, and a strong attachment to the principles of the government.

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§225. "The vice president of the United States shall be president of the senate, but shall have no vote, unless they "be equally divided."-Art. 1, sec. 3, cl. 4.

§ 226. If the senate should, like the house, choose one of

ate? 222. Can a state executive make an appointment before a vacancy actually happens? 223. What qualifications are required of senators? § 224. Why are higher qualifications required for sena. tors than for representatives? § 225, 226. For what reasons is the vice

its own members to preside over its deliberations, the state represented by such senator would be deprived of half its vote in that body, except when it is equally divided; a presiding officer being entitled to vote in such cases only. And if, to remedy this, the presiding senator were allowed to vote on all questions, then, in case of a tie, there would be no casting vote, without permitting him to vote a second time. This would give his state an undue influence. The vice president, chosen by all the states, seems to be the proper person to preside in the senate.

§ 227. "The senate shall choose their other officers, and "also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president "of the United States."-Art. 1, sec. 3, cl. 5.

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§ 228. The "other officers" of the senate are the same as those of the house, and are chosen in the same manner. In the absence of the vice president, it becomes necessary to elect a presiding officer from the senators. Pro tempore is a Latin phrase, signifying, for the time. It here means, for the time during which the vice president shall be absent from the senate.

§229. "The senate shall have the sole power to try all "impeachments. When sitting for that purpose, they shall "be on oath or affirmation. When the president of the "United States is tried, the chief justice shall preside: and 66 no person shall be convicted without the concurrence of "two thirds of the members present."-Art. 1, sec. 3, cl. 6.

§ 230. The power of impeachment, that is, the power of originating the inquiry, and preferring the accusation, is given to the house, (§ 214,) because its members more immediately represent the people against whom the offence may be considered to have been committed; the senate being farther removed from the people, and consequently less liable to act under the influence of party, or of popular excitement, are more fit to sit as judges on a trial for impeachment. A prominent objection against investing the senate with this

president required to preside over the senate? § 227, 228. What officers has the senate? What is pro tempore? § 229. What power has the senate in impeachments? § 230. Why is this power given to