CHAPTER XIII.

VICE-PRESIDENT.

ARTICLE I.- - ELIGIBILITY.

No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. (96)

1. This clause is in the Twelfth Article of Amendment. It was not in the original instrument; and there was no necessity for it, the qualifications of the President being defined therein. There was no such thing as a candidate for the vice-presidency, but both candidates were for the presidency.

2. As the Vice-President may be called upon to act as President, the former should have the same qualifications as the latter. Four times since the adoption of the Constitution, the Vice-President has become acting President on account of the death of the President. John Tyler succeeded to the presidency in 1841, by the death of President Harrison; Millard Fillmore in 1850, by the death of President Taylor; Andrew Johnson in 1865, by the death of President Lincoln; and Chester A. Arthur in 1881, by the death of President Garfield.

ART. II. - ELECTION.

1. IN CONGRESS. The person having the greatest number of votes for Vice-President shall be the Vice-President if such number be a majority of all the electors appointed. (95)

2. IN SENATE.

1st, If no person have a majority as Vice-President, then,
from the two highest numbers on the list of persons voted
for as such, the Senate shall choose a Vice-President.
2d, A quorum for this purpose shall consist of two thirds
of the whole number of senators.

3d, A majority of the whole number of senators shall be
necessary to a choice. (95)

1. The first part of this article refers to the proceedings in

Congress on opening and counting the electoral votes for President and Vice-President of the United States. It will be remembered, that, if no person receives a majority of all the electoral votes for President, the election of that officer devolves on the House of Representatives. But the House does not elect the Vice-President if there is a failure to elect that officer by the majority of the electoral votes. In such case the Senate elects the Vice-President. The only instance of this kind in our history was the election of Richard M. Johnson in 1837.

2. As just stated, the Senate chooses the Vice-President if no candidate for that office receives a majority of all the electoral votes. The Vice-President is not now, as formerly, a competitor for the office of President. There is scarcely a possibility that the Senate can fail to elect the Vice-President, as they must confine their votes to the two highest candidates on the list of persons voted for as such by the electors. The only chance is, that possibly the Senate might be equally divided, and that there might be no Vice-President in the chair to give the casting vote; but such a contingency is quite too improbable to merit serious discussion, especially as the Senate would be at liberty to repeat the trial to elect until they should be successful.

3. As the Vice-President is the president of the Senate, it seems proper that the Senate should elect this officer in case of failure to elect by the electors. The proceeding is judiciously guarded in requiring two thirds of all the members of the Senate to be present, and in still further requiring a majority of all the senators to secure an election.

ART. III. - OATH OF OFFICE.

He shall be bound by oath or affirmation to support the Constitution of the United States.

(81)

The same reasons apply for requiring the Vice-President to act under the solemn obligations of an oath or affirmation

that apply to all other Federal officers and to the members of the National Council.

ART. IV. - TERM.

He shall hold his office during the term of four years. (53)

The same reasons that governed in fixing the presidential term at four years apply with equal force to the term of the Vice-President. (See part ii. chap. xii. art. ii.)

ART. V. - POWERS AND DUTIES.

1. He shall be president of the Senate, but have no vote unless they be equally divided. (11)

2. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the VicePresident. (57)

3. If the House of Representatives shall not choose a President, whenever the right of choice shall devolve on them, before the fourth day of March next following, the Vice-President shall act as President. (94)

1. The duties of the Vice-President as president of the Senate are such as usually devolve on the presiding officer of legislative bodies. He is to preside over the deliberations of the Senate, enforce the rules of order, maintain due decorum among the members, and decide all questions of parliamentary practice. He submits all motions duly made to the Senate, puts to vote all questions brought forward for discussion and decision, and makes known the result. He does not, however, like the speaker of the House, appoint the standing committees; for the Vice-President is not a member of the Senate, but is president ex officio only.

2. Whenever the Vice-President succeeds to the presidency, or becomes acting President, he performs all the duties of that officer as though he were originally elected to that office. Doubts have been entertained by persons entitled to great

confidence, that the acting President who reaches that office through the vice-presidency is in fact President. But Congress has uniformly recognized the Executive, in such cases, as President to all intents and purposes; making no distinction whatever between him and a President originally elected as such by the people. In the articles of impeachment presented against Andrew Johnson, he was described as President of the United States; and the committee expressly stated that they had thoroughly and critically discussed the propriety of this description of his official title. So it may be regarded as settled by the highest authority, that a Vice-President becoming acting President is President in fact.

CHAPTER XIV.

JUDICIAL DEPARTMENT.

ARTICLE I.-WHERE VESTED.

The judicial power of the United States shall be vested,1. In one Supreme Court, and

2. In such inferior courts as Congress may from time to time ordain and establish. (65)

I. "To establish justice" was one of the principal objects to be attained by the formation of the Constitution. This has no reference to the State judiciaries, but to the creation of a national judicial tribunal. Under the Confederation, there was no national judicial department. The dispensation of justice through the State courts was capricious and uncertain. They were influenced by local interests, and therefore their decisions were various and conflicting.

2. The Constitutional Convention was unanimously in favor of establishing a Supreme Court, although at first there was some diversity of opinion on the propriety of the plan of including inferior tribunals; but, after thorough and exhaustive discussion, the proposition received the unanimous approval of the convention.

3. The establishment of inferior tribunals would seem to result necessarily from the establishment of a Supreme Court. Recourse could not be had to the Supreme Court in all cases which might properly be subjects of Federal adjudication. It would be out of the power of any single court to dispose of the immense amount of business that would be sure to demand its attention. Without inferior tribunals easy of access, the sanctuary of justice would be closed to the great majority of American citizens. Under the authority to establish inferior tribunals, each State or district can have a Federal court or courts of its own, competent to the adjudication of all matters of Federal jurisdiction within its limits.

4. The judges of the Supreme Court at present are one chief justice, and eight associate justices, any six of whom constitute a quorum. Ever since the organization of this court, 1789, there has been one chief justice. But the number of associate justices has been varied by act of Congress. At first the number was five; March 3, 1837, it was extended to eight; March 3, 1863, to nine; April 10, 1869, it was reduced to eight. This court holds one term a year in the city of Washington, beginning the first Monday of December.

5. The United States are divided, for judicial purposes, into nine circuits, and these circuits into districts. Each judge of the Supreme Court is allotted to a circuit, and is required to attend at least one term of the circuit allotted to him once in every two years. Two local circuit judges are also appointed for every circuit.

The circuits are constituted as follows:

The first includes Rhode Island, Massachusetts, New Hampshire, and Maine.

The second, Vermont, Connecticut, and New York.
The third, Pennsylvania, New Jersey, and Delaware.

The fourth, Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

The fifth, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.