CHAPTER IV.

THE SENATE.

SECTION 3, CLAUSE I. "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."

This peculiar composition of the senate grew out of the natural jealousy existing between the states. At the declaration of independence the several colonies became states without changing their boundaries. The little colony of Rhode Island became the state of Rhode Island. The immense territory of Virginia was included in the state of Virginia. From the beginning, in the continental congress, all votes were taken by states, each state having one vote. The small states, therefore, had equal votes with the larger ones; and this basis of representation was continued under the articles of confederation. When the federal convention undertook to form a constitution, the smaller states were fearful that they should be compelled to lose their equal rights; hence Rhode Island refused to send delegates to the convention, and therefore had no hand in drafting the constitution. Indeed, after it was adopted by the other states, she remained outside of the new union for more than a year after Washington had been inaugurated president. After considerable discussion in the federal convention, a

compromise was effected, by which the basis of popu lation was adopted for constituting the house of representatives, and the equality of the states was retained in the senate.

This clause states:

(1) There shall be two senators from each state.

(2) They shall be chosen by the legislature of the

state.

(3) They shall be chosen for the term of six years. (4) Each senator shall have one vote.

In regard to the mode in which the legislatures are to choose the senators, the constitution is silent.

By an act of congress passed July 25, 1866, it is provided that when the legislature of any state is to elect a senator in congress, it shall proceed to the election of such senator on the second Tuesday after the organization of the legislature, and the election shall be conducted as follows:

Each house shall, by a viva voce vote, name a person for senator, and the name of the person who receives a majority vote shall be entered in the journal of the house. If the house fails to give such a majority to any person, that fact shall be entered on the journal. On the next day at twelve o'clock the members of the two houses shall convene in joint assembly, and the journal of each house shall be read, and if the same person has received a majority of all the votes in each house, he shall be declared fully elected senator. If no one has such a majority, the joint assembly shall choose, by a viva voce vote of each member present, a person for senator. The person having a majority of all the votes of the joint assembly shall be declared elected. If there

is no election that day, the joint assembly shall meet at twelve o'clock on each succeeding day, and shall take at least one vote each day until a senator is elected.

The senators are divided into three classes, and as they are chosen for six years, one third of the whole number is chosen every second year. The representatives are chosen for two years, which is the length of time covered by one congress. Whenever a new congress convenes, one-third of the senators are either new members, or have been re-elected for a new term. It will be observed, that as one-third of the senators go out of office every two years, the senate is a continuous body; while the members of the house are all swept off at once, and a new election brings in a new house every

second year.

CLAUSE 3. "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."

The qualifications of a senator are three :

(1) He must be at least thirty years of age.

(2) He must have been nine years a citizen of the United States.

(3) He must, when elected, be an inhabitant of the state for which he is chosen.

No restriction is placed upon a senator as to property or religious belief. It is not necessary that he should have resided in the state for any definite length of time. He does not forfeit his seat in the senate if he ceases to be an inhabitant of the state for which he was chosen. The legislature of his state cannot recall him. He is

eligible to re-election. Several examples are on record of senators who have served their state for more than twenty-five years.

CLAUSE 4. "The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided."

The vice-president is chosen to succeed to the presidency in case there should, for any cause, be a vacancy during the term of four years for which the president had been elected. But for this clause, the vice-president, so long as the president continued in office, would have no duties. The presiding officer of the house is a member of the house. In the senate, as each state has an equal voice, it seemed desirable that the presiding officer should not be a member of the senate. Moreover, the vice-president would probably be more impartial as a presiding officer than a senator would be, since he is elected by the whole country, and not by a single

state.

CLAUSE 5. "The senate shall choose their officers, and also a president PRO TEMPORE, in the absence of the vicepresident, or when he shall exercise the office of president of the United States."

The officers of the senate are:

(1) A secretary.

(2) Chief clerk.

(3) Executive clerk.

(4) Sergeant-at-arms.

(5) Door-keeper.

(6) Chaplain.

When the vice-president becomes president of the United States, the president pro tempore receives the