What are the

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

2. Whenever, on the meeting of the legislature of any State, a proceedings vacancy shall exist in the representation of such State in the Sen

to elect a senator to fill a vacancy?

How is the

ate 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.

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

tified?

classification?

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.

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

occur?

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.

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.

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.

Can the exe- 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.

vacancy?

Lanınan's Lanman's Case, Cl. & Hall, 871.

case

34. For a classification and list of senators, see Hickey's Constitution, 316-388. The classification is settled by lot when the senators first appear from a new State, in the mode adopted in the 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 275, 279.

46.

qualifica

[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 ators? elected, be an inhabitant of that State for which he shall be chosen.

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 masculine? 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.

19.

93.

18.

ident of the

[4.] The Vice-President of the United States shall who is presbe 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-presiwithout power, as presiding officer, except as it is given by the dent's powrules of the senate. Story's Const., § 739; 1 American Annual 38. 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.

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 their terms 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,

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

do the senate choose?

172.

36.

officer become president?

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.

When does 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 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.

Samuel Livermore.
Uriah Tracy

1 Mar.

2 Dec.

......14 May 1800...14 May 1800 John Eager Howard .....21 Nov. 180027 Nov. 1800 James Hillhouse 28 Feb. 1801 3 Mar. 1801

.22 Nov. 179712 Dec. 1797 .27 June 1798..........16 July 1798 .17 July 179817 July 1798 6 Dec. 1798.26 Dec. 1798 1799........ 3 Mar. 1799 179929 Dec. 1799

Names of Presidents pro tem

Abraham Baldwin... 7 Dec. 180114 Jan. 1802

Abraham Baldwin........ 17 April 1802.

9 Mar. 18259 Mar. 1825

Nathaniel Macon .......20 May 182620 Mar. 1825

2 Jan. 182713 Feb. 1827

2 Mar. 1827 3 Mar. 1827

William R. King.........28 Jan. 1837....

William R. King...... 7 Mar. 1837.....

William R. King.........13 Sept. 1837......

.11 Dec. 1831 .16 July 1832 2 Mar. 1833 15 Dec. 1833 ..30 June 1834 3 Mar. 1835 4 July 1836 3 Mar. 1837 .10 Mar. 1837 .12 Sept. 1837

William R. King....... 2 July 1838.16 Oct. 1837 William R. King......... 3 Dec. 1838....

...18 Dec. 1838

William R. King.........25 Feb. 1839...... 3 Mar. 1839 William R. King......... 2 Dec. 1839.26 Dec. 1839 William R. King.......

3 July 1840..... ...21 July 1840 7 Dec. 1840.15 Dec. 1840 2 Mar. 1841........ 3 Mar. 1841 4 Mar. 1841.......... 4 Mar. 1841

William R. King.......

William R. King......

William R. King..

Samuel L. Southard

Samuel L. Southard

....11 Mar. 1841..........15 Mar. 1841 ....31 May 1841..........13 Sept. 1841

Samuel L. Southard

Willie P. Mangum.

6 Dec. 1841..........30 May 1842 ..31 May 1842..........31 Aug. 1842 5 Dec. 1842........

3 Mar. 1843 4 Dec. 1843..........17 June 1844 2 Dec. 1844.......... 3 Mar. 1845

Willie P. Mangum.

Willie P. Mangum

Willie P. Mangum.

Willie P. Mangum...
David R. Atchison.

David R. Atchison.
David R. Atchison.
David R. Atchison..
David R. Atchison.
David R. Atchison.
David R. Atchison
David R. Atchison
David R. Atchison.
David R. Atchison.

David R. Atchison.

5 Mar. 1849......

William R. King

6 May 1850....

William R. King

11 July 1850...

2 Dec. 1850...

1 Dec. 1851.......

1 Dec. 1852

.31 Aug. 1853 20 Dec. 1852

David R. Atchison.20 Dec. 1852..

William R. King

William R. King

William R. King

3 Mar. 1851