executive of a state to fill casual vacancies, either the legislature must be specially convened to make the appointment, or the state must be, for a time, without a full vote in the national legislature. The executive of a state cannot constitutionally make an appointment before the vacancy actually occurs. In 1825, the governor of the state of Connecticut, having been previously notified that the senate would be convened on the fourth of March, and the legislature of the state not being in session, made an appointment, in February, to fill a vacancy that must occur on the third day of March, by the expiration of the term of service of one of the senators from that state. But the appointment having been made before the vacancy had occurred, the senate decided, by a vote of 23 to 18, that the senator thus appointed, was not enti tled to a seat.

§223. "No person shall be a senator, who shall not have "attained the age of thirty years, and been nine years a citi66 zen of the United States, and who shall not, when elected. "be an inhabitant of that state for which he shall be chosen." -Art. 1, sec. 3, cl. 3.

§ 224. The propriety of requiring greater age and a longer period of citizenship as qualifications for a senator than for a representative, will appear from the superior weight and delicacy of the trusts confided to this body. Besides its duties as a component part of the legislature, it has to act in a judicial capacity in trials of impeachment; and, in conjunction with the president, it makes treaties with foreign nations, and appoints ambassadors and other high executive, as well as judicial officers. No person is qualified for such a station who does not possess much experience, a firm character, and a strong attachment to the principles of the government.

§225. "The vice president of the United States shall be "president of the senate, but shall have no vote, unless they "be equally divided.”—Art. 1, sec. 3, cl. 4.

§ 226. If the senate should, like the house, choose one of

ate? 222. Can a state executive make an appointment before a vacancy actually happens? § 223. What qualifications are required of senators? § 224. Why are higher qualifications required for senators than for representatives? § 225, 226. For what reasons is the vice

its own members to preside over its deliberations, the state represented by such senator would be deprived of half its vote in that body, except when it is equally divided; a presiding officer being entitled to vote in such cases only. And if, to remedy this, the presiding senator were allowed to vote on all questions, then, in case of a tie, there would be no casting vote, without permitting him to vote a second time. This would give his state an undue influence. The vice president, chosen by all the states, seems to be the proper person to preside in the senate.

§ 227. "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."-Art. 1, sec. 3, cl. 5.

§ 228. The "other officers" of the senate are the same as those of the house, and are chosen in the same manner. In the absence of the vice president, it becomes necessary to elect a presiding officer from the senators. Pro tempore is a Latin phrase, signifying, for the time. It here means, for the time during which the vice president shall be absent from the senate.

§229. "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 66 no person shall be convicted without the concurrence of "two thirds of the members present."-Art. 1, sec. 3, cl. 6.

§ 230. The power of impeachment, that is, the power of originating the inquiry, and preferring the accusation, is given to the house, (§ 214,) because its members more immediately represent the people against whom the offence may be considered to have been committed; the senate being farther removed from the people, and consequently less liable to act under the influence of party, or of popular excitement, are more fit to sit as judges on a trial for impeachment. A prominent objection against investing the senate with this

president required to preside over the senate? § 227, 228. What officers has the senate? What is pro tempore? § 229. What power has the senate in impeachments? ́§ 230. Why is this power given to

power is, that the exercise of judicial functions by a legislature, contravenes that principle in our government which requires a separation of the legislative and judicial powers. It is proper, therefore, to consider some of the reasons why the constitution has, in this particular instance, taken this power from the national judiciary, and given it to the legis lature.

§ 231. First, offences which are subject to trial by impeachment, consist in the violation of a public trust. They are in their nature different from those which are investiga ted in courts of law. They are generally of a political character, and can be better judged of by the senate, whose members, it is presumed, have a more intimate knowledge of political duties. Another reason is, that, after conviction and punishment for his political misdemeanor, the offender is still liable to prosecution and punishment in the ordinary course of law; and it would be improper to make the same persons judges in both cases. An error in the first decision, would be almost certainly followed by error in the second. Thirdly, the judges themselves may be the persons impeached; and all must see the impropriety of authorizing a court composed of so few persons to try any of its own members.

§ 232. The requirement of an oath or affirmation is universally esteemed of so much importance in securing justice in trials by jury, that none will question its propriety in a trial of impeachment, where the members of the court act as jurors as well as judges. An oath is a solemn appeal to God to bear witness to the truth of what is declared. An affirmation is the simple declaration of a fact. When falsely made in a court of justice, it is made punishable, however, in the same degree as false swearing.

233. There is good reason why the vice president should not preside in a trial of the president. He might be induced to use improper influence in attempting to procure a conviction of the president, as, in that event, the vice president succeeds to the office.

§ 234. In trials by jury, all the jurors must agree in or

the senate? $231. Why is it not given to the judges? is an oath? An affirmation? § 233. Why ought not dent to preside when the president is tried? § 234.

§ 232. What the vice presi Why are two

der to conviction; but in a trial by so numerous a body, unanimity is hardly to be expected in the clearest cases of guilt. And as a bare majority might easily be obtained by improper influence upon some one or two of the members, a majority of two thirds would seem to be the proper proportion of the body required to concur in an opinion of the guilt of the accused.

§ 235. "Judgment, in cases of impeachment, shall not "extend further than to removal from office, and disqualifi "cation 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."-Art. 1, sec. 3, cl. 7.

§ 236. As the power of impeachment is intended to punish political offences, removal from office, and entire exclusion from office in future, is sufficient punishment, provided the offender be left subject to the penalty of the law as an of fender against the peace of the community.

CHAPTER VI.

Elections-Meetings of Congress-Powers and Privileges of both Houses-Passing Bills.

237. "The times, places, and manner of holding elec"tions 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."-Art. 1, sec. 4, cl. 1.

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§ 238. There can be no impropriety, in ordinary cases, in permitting the states to regulate the elections of their representatives as convenience may require; and congress has not hitherto exercised the power reserved by the national

thirds of the senators required for conviction? § 235. How far does judgment extend in case of conviction?

§ 237, 238. Why is the power reserved to congress to make or alter

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government, of interfering with the regulations of any state on this subject. But to have given to the state legislatures exclusive power of regulating elections for the national government, would have left the existence of the union at their mercy; for, by neglecting to provide for electing persons to administer its affairs, the government would be destroyed.

$239. "The congress shall assemble at least once every "year, and such meeting shall be on the first Monday in "December, unless they shall by law appoint a different day.”—Art. 1, sec. 4, cl. 2.

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$240. The interests of the people would seem to require the attention of congress as often, at least, as once in a year; and an express constitutional provision to this effect is ne cessary, as congress, moved by improper considerations, might postpone its meetings beyond the proper time, and thus cause much injury to the citizens. The place of meeting is not fixed by the constitution; and congress has by law provided, that when, from the prevalence of contagious sickness, or from other circumstances, it would be dangerous to the health of members to meet at the place to which congress shall stand adjourned, the president of the United States may, by proclamation, convene congress at such other place as he may judge proper.

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§ 241. "Each house shall be the judge of the elections, "returns, and qualifications of its own members; and a ma. 'jority of each shall constitute a quorum to do business "but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent "members, in such manner, and under such penalties, as "each house may provide."-Art. 1, sec. 5, cl. 1.

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§ 242. The right here granted to judge of the elections and qualifications of members, was intended to preserve a pure representation, by enabling congress to close the door against all persons unlawfully claiming a seat. It some times happens, that, in consequence of some alleged unfair. ness or irregularity in the election or return of a member,

the state regulations concerning elections? § 239, 240. Why is con. gress required to assemble once a year? 241, 242. Why is each house constituted the judge of the elections, &c., of its members?