What are the

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.

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.

What is the classification?

[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 classifica

tion settled?

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

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 66 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.

ident of the

[4.] The Vice-President of the United States shall who is pres 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.

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 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,

do the senate

from 4 March 1825 to 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.

Name the presiding officers.

Names of Presidents pro tem

pore of the Senate.

John Langdon
John Langdon..

Richard Henry Lee
John Langdon..
John Langdon.

John Langdon.
Ralph Izard.
Ralph Izard..
Henry Tazewell
Henry Tazewell
Samuel Livermore.
William Bingham..
William Bradford.
Jacob Read..
Theodore Sedgwick
Theodore Sedgwick
John Lawrence.
James Ross.

Samuel Livermore.
Uriah Tracy

John Eager Howard
James Hillhouse..

Attended.

6 April 1789..

7 Aug. 1789.

.18 April 1792.

Retired.

.21 April 1789 ..19 Aug. 1789 8 May 1792 4 Dec. 1792 3 Mar. 1793

5 Nov. 1792.

1 Mar. 1793

4 Mar. 1793.

4 Mar. 1793

Names of Presidents pro tempore of the Senate.