How are Vacancies filled?

Upon what does the executive act?

How are vacancies created?

62, 151.

Power of choosing of

[4] 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 power of impeachment.

of impeach

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.

The names of Speakers, pro tem., who served temporarily, for one or more days, have been omitted. The delays of elections in the 34th and 36th Congresses were caused by political contests.

27. IMPEACHMENT.-We must look to the common law for the What is imdefinition of impeachment. William Wirt, Peck's Trial, 499; peachment ? James Buchanan, Peck's Trial, 437, 438. And see 1 Chase's

Trial, 47, 48; 2 Id. 9-18; 4 Elliot's Debates, 262. It is designed as a method of national inquest into the conduct of public men. Story on the Const. § 689. To exhibit articles of 89, 191-194. accusation against a public officer before a competent tribunal.

Burrill's Law Dic.

IMPEACHMENT. It is a presentment by

the House of Commons, the most solemn grand inquest of the whole kingdom, to the House of Lords, the most high and supreme court of criminal jurisdiction of the kingdom. (2 Hale's Pl. of Cr. 150; 4 Blacks. Com. 259; 2 Wilson's Law. Lect. 165, 166; 2 Woodeson's Lect. 40, p. 596.) Story's Const. § 688. The objects, openness, and diguity of the proceeding. (Rawle, Const. 69, 137, 225, 236; 2 Elliott's Debates, 43-46.) Story's Const. SS 688-9. Pickering's Judge Pickering was impeached, tried, convicted, and removed in his absence, and without counsel. His offense was, that he was deprived of reason. Farrar, § 169. The judgment was removal from office. Story's Const. § 803, note 1. For an enumeration of the impeachable crimes at common law, see 2 Woodeson's Lect. 40, p. 202; Com. Dig. L. 28-42; Story's Const. § 799–803.

Case?

193, 194.

194

How and by

whom are senators chosen?

Vote?

What are

SEC. III.-[1.] The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.

28. Consider the nature of the representation; the mode of apthe objects? pointment; the number of senators; their term of service; and their qualifications. 1 Story's Const. § 691. It makes the States Why two for equal in the senate. This result was obtained as a compromise, each state? without which the Convention must have been dissolved. Curtis's

Hist. of the Const. 41, 48, 100, 105, 106; 1 Story's Const. § 690700; 2 Pitkin's Hist. 233, 245, 247, 248; 4 Elliot's Debates, 7492; Id. 99-101; Id. 107, 108, 112-127; 2 Id. 233, 245; Luther Martin's Letter in 4 Elliot's debates, 1-45. The election by the Why elected legislature was mainly to secure the coöperation of the State with by the Legis- the federal government. (The Federalist, Nos. 27, 62; 1 Kent's Com. Lect. 11, p. 211.) Story's Const. § 704.

lature?

How elected?

30.

It was not fully settled whether the elections should be by joint or concurrent vote, until the act of Congress in these notes. (1 Rawle's Const. 37; 1 Kent's Com. Lect. 11 p. 211, 212.) The numbers considered. 1 Story's Const. § 706-708; 2 Curtis's Hist. of Corst. passim. There was Hamilton's opinion in favor of tenure during good behavior. Curtis's Hist. of the Const. 100, 105; Hamilton's Story's Const. § 709, note 2 in 3d Ed. The advantages of the opinion? present system and the classification fully discussed; Id. § 709-727. Effect of two Practically, the fact that each senator has one vote often divides the State upon questions of party interest.

What was

votes ?

What has been the practice? Cameron's

case.

28, 30

29. Where the election is by a joint convention of the two houses of the legislature, it is not necessary that there should be a concurrent majority of each house in favor of the candidate declared to be elected. Cameron's Case, United States Senate, 13th March, 1857. The election, however, must be substantially by both houses, as distinct bodies. The mere fact that a majority of the joint body, or even of each body, is present, does not constitute the aggregate body a legislature, unless the two bodies, acting separately, have voted to meet, and have actually met accordingly.

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,

Michigan?

Minnesota?

Mississippi?

Missouri?

143.

Nebraska?

Nevada?

tions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward at the time this amendment takes effect. Id. 298. By amendment XXVI., of 1850, persons of foreign birth not allowed to vote until two years after naturalization. Id. 300.

MICHIGAN. Every white male citizen; every white male inhabitant residing in the State on the 24th day of June, 1835; every white male inhabitant on the first day of January, 1850, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any Indian tribe, shall be an elector and entitled to vote. Residence three months in the State. Const. of 1850. Id. 307. Persons absent in the actual military service of the United States not disqualified. Presence in such service is not residence. Id. 308.

MINNESOTA.-1. White citizens of the United States; 2. White persons of foreign birth who shall have declared their intention to become citizens; 3. Persons mixed with white and Indian blood, who have adopted the customs and habits of civilization; 4. Persons of Indian blood residing in this State who have adopted the language, customs, and habits of civilization, after an examination before any district court of the State, &c., and pronounced capable of citizenship: residence one year in the United States and four months in the State before the election. Const. of 1857-8. Id. 325.

MISSISSIPPI.-Free white male citizens of the United States; one year's residence in the State, four months in the county or town. Const. 1832 as amended in 1865. Id. 336.

MISSOURI.-White male citizens of the United States, and every white male person of foreign birth who may have declared his intention to become a citizen of the United States, according to law, not less than one year nor more than five years before he offers to vote; residence one year in the State and sixty days in the county, city, or town. The disqualification of all who participated in or sympathized with the rebellion is most searching and comprehensive. After 1876, new voters must be able to read and write or be disabled therefrom by physical disability. Const. of 1865. 348–351.

NEBRASKA.—1. White male citizens of the United States; 2. White persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization. Const. of 1867. Id. 371. By the act of admission agreed to by the legislature, the right is not restricted to whites.

This State was admitted March, 1867, as the 37th State.

NEVADA.--Every white male citizen of the United States; residence six months in the State and thirty days in the county: persons convicted of treason or felony and not restored to civil rights,