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President. It requires two-thirds to make a convic

tion.

54. SECTION 3D. 1st clause. 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.

55. In the Senate each state is equally represented. It has been said by an eminent jurist,' that this feature of the Senate, and the mode of its election by the Legislatures, are evidences of the separate and independent existence of the states. If, by separate and independent be meant any thing more than local and municipal independence, the truth of the proposition is not readily seen. The counties of Great Britain were till recently equally represented in the House of Commons; so also are the counties of the state of Maryland in the state Legislature; yet, who would attribute a separate existence, or independent power, to these counties, beyond mere local county purposes? The very contrary of this position, as it respects the United States, is shown from the fact, that the Senate votes, not by states, but by persons: hence, the members from a given state may, and often do, vote on opposite sides of a question. Here the representation of the state is neither separate nor independent, but mixed up with the whole mass. It is no doubt true, that this provision was intended to secure to the people of each state an equality of political power in the Senate; but it no more proves the separate existence, independence, or sovereignty of the states, than the government of Maryland acknowledges the separation and independence of its counties. As to the election of the senators by the state Legislatures, it is only the mode by which the people of the state exercise their power. In the same manner, the counties in Maryland send an equal number of delegates to a convention, which convention choose the state Senate; now the convention is 11 Kent's Comm. 211.

the mere form through which the people express their will; it is no acknowledgment of any separate authority in those counties.

§ 56. As it is provided, that the senators shall be chosen by the Legislatures, it is settled by the practice of most of the states, that they may be chosen by joint ballot of both houses, voting by individuals, and not necessarily by the Legislature in its official capacity, each house having a negative on the other.

$57. 2d clause. 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.

§ 58. The members of the first Senate were, in conformity to the Constitution, divided by lot into three classes, the terms of service of which expired in two, four, and six years, and ever since one-third has been removed every second year. In drawing the lots, care was taken that but one vacancy should occur at the same time in the representation of any one state.

§ 59. It has been decided' under this clause, that the Governor cannot make an appointment during the recess of the Legislature, in anticipation of a vacancy. Thus, the term of James Lanman, senator from Connecticut, expired on the 3d of March, 1825. The President had convoked the Senate to meet on the 4th of March. The Legislature of Connecticut did not meet till May. 1 Gordon's Digest of the Laws of the United States, 1827; Appendix,

note 1.

The Governor, in February, appointed Mr. Lanman to sit after the 3d of March. The Senate decided that such

an appointment cannot be constitutionally made; the vacancy must first occur.

§ 60. 3d clause. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

61. All these limitations are manifestly founded upon propriety. It is probable they might have been made still stronger without injury to the public interests.

§ 62. 4th clause. The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.

§ 63. Legislative bodies have generally the power of choosing their own presiding officer; in this instance, however, the Constitution conferred the office of presiding over the Senate to the Vice President; one reason may have been that he has no other duties to perform, and the chair of the Senate conferred dignity upon him. The casting vote of the Vice President has been frequently given, and in some very important cases.

§ 64. In 1826,' a question arose whether the Vice President had the power of preserving order independent of the rules of the Senate? The then Vice President, Mr. Calhoun, decided that he had not. In 1828, however, the Senate made a rule, that "every question of order shall be decided by the President without debate, subject to appeal to the Senate."

§ 65. 5th clause. 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.

§ 66. The power of choosing a President pro tempore, 11 American Annual Register, 86, 87; 3 Idem. 99.

is constantly exercised, the Vice President being frequently absent.

§ 67. 6th clause. 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 no person shall be convicted without the concurrence of two-thirds of the members present.

noticed.'

§ 68. The impeaching power, and some of the rules of conducting an impeachment, have been heretofore This mode of impeachment and trial under the Constitution is derived from the British Parliament, where the Commons have the sole power of impeachment, and the House of Lords the power of trial. It scems, however, to have been introduced into the Common Law from the customs of the Germans; among them, however, the people were both accusers and judges.

§ 69. In the trial of the President, the Chief Justice presides, in order to preclude the Vice President, who, in case of a vacancy, succeeds to the Presidency, from having any part in the creation of that vacancy

§ 70. 7th clause. Judgment in case of impeachment shall not extend farther than to a removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall, nevertheless, be liable, and subject to indictment, trial, judgment, and punishment according to law.

In England, the judgment upon impeachments extends, not only to removal from office, but to the whole penalty attached by law to the offence. The House of Lords may, therefore, inflict capital punishment, banishment, or forfeiture of goods, according to its discretion.2

71. In another place3 we have stated the mode of 1 Sections 51, 52, 53. 2 Com. Digest. Parliament, L. 44. • Section 53.

procedure in the Senate upon the trial of impeachments. When the evidence is gone through, and the parties have been heard, the Senate proceed to consider the case. If debates arise, they are in secret; a day is then assigned for a public decision by yeas and nays. When the court has met, the question is propounded by the President of the Senate to each individual member by name: whereupon the member rises and answers, guilty, or not guilty, as his opinion is. If upon no one article the party is found guilty by two-thirds of the Senate, he is declared acquitted by the President of the Senate. If guilty, the Senate proceed to fix and declare the punishment. The times, places,

§ 72. SECTION 4TH. 1st clause. and manner of holding elections for senators and representatives shall be prescribed in each state by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators.

73. Under this section Congress has the power to appoint the times and modes of choosing representatives and senators. This power they have never exercised, and the time and mode of choosing them is consequently very various. In some states, as New-York and Ohio, members of the House of Representatives are chosen in the year previous to the dissolution of Congress; in others, as New-Hampshire and Virginia, in the spring following; and in others again, as in Indiana, in the following summer. Congress has, except on two occasions, met on or about the first Monday in December; but suppose, that from the emergency of the case, they should appoint a day early in the spring; in what manner would those states now electing representatives in the summer, be represented? The power of regulating the times and places of electing representatives, was thus given to Congress, in order that it might have the means of its own preservation; otherwise, the states might prevent an election.

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