Harlan's Case, United States Senate, 12th January, 1857; 10 Law Harlan's Rep. 1-6.

case?

In the case of John P. Stockton, of New Jersey, in 1866, it was Stockton's held that where the two bodies met in convention to elect a senator, case? and no one having, after numerous ballots, received a majority of the votes cast, and the convention then resolved to elect by plurality, and did so elect, it was not an election by the legislature, and Mr. Stockton was refused his seat. Senate Journal, 4th Dec., 1865; 8th Jan., 30th Jan., and 26th March, 1866.

46.

For the reasons which led to an equal representation in the sen- Why two ate, and for a longer term of service, see 2 Curtis's History of the senators? Constitution, p. 138-141, 165, 166, 186, 217. This is one of the sections under which it has been urged that the right of the seceded States to representation in the senate is optional, absolute, and unqualified. While the precedent is that the reëstablishment of the representation depends upon the reëstablished loyalty of the State, and the ability of the senators elected to take the test oath.

30. The mode of election has now been settled by the following act:

212.

275, 279.

CHAP. CCXLV.-An Act to regulate the Times and Manner of hold- July 25,1866, ing Elections for Senators in Congress.

14 St., 243.

States and

tion?

Be it enacted, &c., 1. That the legislature of each State which What legisshall be chosen next preceding the expiration of the time for which latures of any senator was elected to represent such State in Congress, shall, when to on the second Tuesday after the meeting and organization thereof, elect senaproceed to elect a senator in Congress, in the place of such senator tors? so going out of office, in the following manner: Each house shall What is the openly, by a viva voce vote of each member present, name one person mode of elecfor senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly and the journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose by a viva voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and if no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian,

to elect a senator to

fill a vacancy?

of each succeeding day during the session of the legislature, and take at least one vote until a senator shall be elected.

What are the 2. Whenever, on the meeting of the legislature of any State, a proceedings vacancy shall exist in the representation of such State in the Senate of the United States, said legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein-before provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then on the second Tuesday after the legislature shall have been organized and shall have notice of such vacancy.

How is the

tified?

3. It shall be the duty of the governor of the State from which election cer- any senator shall have been chosen as aforesaid to certify his election, under the seal of the State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State of the State.

classifica

tion?

What is the [2.] 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 If vacancies 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.

occur?

Is the senate

31. The senate is a permanent body; its existence is continued permanent? and perpetual. Cushing's Law of Legislative assemblies, 19.

How vacated? Bledsoe's case.

Can the exe

But should a majority of the States persistently refuse to elect senators, the government would come to an end. Cohens v. Virginia, 6 Wh. 264; 5 Cond. 106.

32. The seat of a senator is vacated by a resignation addressed to the executive of a State, notwithstanding he may have received no notice that his resignation has been accepted. Bledsoe's Case, Cl. & Hall, 869.

33. It is not competent for the executive of a State, during the cutive fill a recess of the legislature, to appoint a senator to fill a vacancy which prospective will happen, but has not happened at the time of the appointment. Lanman's Case, Cl. & Hall, 871.

vacancy?

Lanman's

case.

How is the

34. For a classification and list of senators, see Hickey's Consticlassifica- tution, 316-388. The classification is settled by lot when the senators first appear from a new State, in the mode adopted in the

tion settled?

first classification, so as to prevent two vacancies occurring in the For what same State at the same time. (Journals of Senate, 15th May, 1789, purpose? 25, 26, edition of 1820.) 1 Story's Const. § 509. The classification gives some analogy to the principle of two years tenure in the house How many of representatives, by the vacation of one-third of the terms every senators? fourth of March. The whole number of States being now thirtyseven, the number of senators would be seventy-four; but ten States not being represented in the senate, there are only fifty-four senators

46.

275, 279.

qualifica

ators?

[3.] No person shall be a senator who shall not have What are the attained to the age of thirty years, and been nine years tions of sena citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

masculine?

35. The term "PERSON" here is subject to the same criticism as What is to the qualifications of members of the house, and necessarily cannot meant by be as comprehensive as "ALL OTHER PERSONS" in the 3d clause of person? the first section. See Farrar's Criticism, § 125-141. Words must 16, 24, 46. receive their necessary signification and be construed according to Is "senator" the context, precedent and practice. "SENATOR" is sufficiently 19. masculine, and is made certain by "he." See Gallatin's Case, Cl. & Gallatin's Hall, 851; Shield's Case, who was rejected for want of nine years' case? naturalization, "at the commencement of the term for which he was Shield's elected." See Senate Journal, from 5th to 15th March, 1849. case? Shields was re-elected, and returned to the senate at its next session was qualified, and took his seat.

93.

18.

pres

ident of the

[4.] The Vice-President of the United States shall who is be President of the Senate, but shall have no vote, senate? unless they be equally divided.

ers?

168 a.

36. VICE [prep.], in place of the president. Webster's Dic. VICE. The reasons for this officer presiding discussed. Story's Const. § 732-741. The question of the inherent powers of the What are the vice-president is still open, it having been ruled in 1826, that he is vice-president's powwithout power, as presiding officer, except as it is given by the rules of the senate. Story's Const., § 739; 1 American Annual Register, 86, 87; 3 Id. 99; 4 Elliot's Debates, 311-315. By a rule of 1828, "every question of order shall be decided by the president without debate, subject to appeal to the senate." 3 Annual Reg. 99; Story's Const., § 740; 3 Jefferson's Manual, 15, 17.

38.

their terms

37. The following have been the vice-presidents: John Adams, Name the from 4 March 1789 to 3 March 1797; Thos. Jefferson, from 4 March vice-presi1797 to 3 March 1801; Aaron Burr, from 4 March 1801 to 3 March dents and 1805; George Clinton, from 4 March 1805 to 3 March 1813; El- of office? bridge Gerry, from 4 March 1813 to 3 March 1817; Daniel D. Tompkins, from 4 March 1817 to 3 March 1825; John C. Calhoun,

do the senate

from 4 March 1825 to 3 March 1833; Martin Van Buren, from 4 March 1833 to 3 March 1837; Richard M. Johnson, from 4 March 1837 to 3 March 1841; John Tyler, from 4 March 1841 to 6 April 1841; George M. Dallas, from 4 March 1845 to 3 March 1849; Millard Fillmore, from 4 March 1849 to 10 July 1850; William R. King was elected in 1852 and was sworn as vice-president in 1853, in the island of Cuba, in accordance with act of 3d March, 1853. He died in Cuba, having never presided. John C. Breckinridge, from 4 March 1857 to 3 March 1861; Hannibal Hamlin, from 4 March 1861 to 3 March 1865; Andrew Johnson, from 4 March 1865 to 14 April 1865, when he was sworn as president in consequence of the assassination of Abraham Lincoln.

What officers [5.] 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.

choose? 172. 36.

When does

officer be

dent?

38. This presiding-officer, under an act of Congress, becomes the the presiding President of the United States, in case of the death or disability of come presi- the president and vice-president. 1 St. § 9, p. 240; Brightly's Dig. 253. Pro tempore means for the time. But the law and practice is to elect a permanent presiding officer, who acts during the absence of the vice-president, and when the vice-president becomes President of the United States. The following is a list of these presiding officers, or presidents pro tempore:

172.

168 a.

26.