do the senate

choose?

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.

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.

Names of Presidents pro tempore of the Senate.

peachments

[6.] The senate shall have the sole power to try all How are imimpeachments. When sitting for that purpose, they tried? shall be on oath or affirmation. When the President of the United States is tried, the Chief-Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Two thirds?

39. For the doctrine of impeachment, see Peck's Trial, speeches 27, 191-194. for the prosecution and defence; Reports and Debates on the Impeachment of the President, December, 1867. A judgment of impeachment in the English House of Lords requires that at least twelve of the members should concur in it; and "a verdict by less than twelve would not be good.' Com. Dig. Parliament. L. 17. The reasons why this power of impeachment was given to the senate are fully discussed in the Federalist, and in Story on the 36, 37. Const., and Rawle on the Const. Story's Const, § 743-775, and

notes.

ment trials

The interest of the vice-president is supposed to disqualify Where are him. Story's Const., § 777. For the action of the senate upon the impeachimpeachment see the journal or record of the senate on trials of to be found? impeachment, from March 4, 1780, to March 3, 1851: 1. On the trial of William Blount, a senator of the United States, from December 17, 1798, to January 15, 1799; 2. On the trial of John Pickering, Judge of the New Hampshire District, from March 3, 1803, to March 12, 1803; 3. On the trial of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, from November 30, 1804, to March 1, 1805. The preceding cases will be found as an appendix to the third volume of the Legislative Journal of the Senate; 4. On the trial of James H. Peck, Judge of the Missouri District, from May 11, 1830, to May 25, 1830; and from December, 13, 1830, to January 31, 1831. The

How are Vacancies filled?

Upon what does the executive act?

How are vacancies created?

62, 151.

Power of

choosing of

[+] When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

25. The executive of a State may receive the resignation of a member, and issue writs for a new election, without waiting to be informed by the house that a vacancy exists. Mercer's Case, Cl. & Hall, 44; Edwards's Case, Id. 92; Newton's Case, February, 1847. Colonel Yell had not resigned; but had become a colonel of volunteers in the army in the war against Mexico, in 1846. The governor assumed that the two offices were incompatible: and, after a resolution by the Arkansas legislature to that effect, he issued a proclamation for an election to fill the vacancy. Thomas C. Newton was returned, and the house refused to consider the question of vacancy.

Vacancies, therefore, may be created by death, resignation, removal, or accepting incompatible offices. See Paschal's Annotated Digest, note 200; Powell v. Wilson, 16 Tex. 60; The People v. Carrique, 2 Hill 93; Biencourt v. Parker, 27 Tex. 562.

The acceptance of an incompatible office is an absolute determination of the original office. (Rex v. Trelawney, 3 Burr. 1616; Millwood v. Thatcher, 2 Tr. Rep. 87; Wilcock on Municipal Corporation, 240, 617; Angel & Ames on Corporations, 255;) Biencourt v. Parker, 27 Tex. 562.

[5.] The House of Representatives shall choose their ficers, and Speaker and other officers, and shall have the sole of impeach-power of impeachment.

ment.

What is the
Speaker?

26. The SPEAKER is the presiding officer of the House of Representatives, who is elected at the meeting of the first session of each Congress, and before there can be any organization. At the opening of the 34th and the 36th Congresses, there being three political parties represented, there were very great delays, as will be seen in the table. The Speaker has the appointment of all standing committees; and he becomes President of the United States in the absence of the Vice-President, and of the presiding officer of the Senate.