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68. In general, the qualifications of electors of the most numerous branch of the State Legislatures, are, that they be of the age of twenty.one years and upwards, free resident citizens of the State, and have paid taxes thereto.
69. In some of the States they are, morever, required to possess property of a certain description and amount ; in some to be white, as well as free, citizens; and in others to possess all these qualifications, either together, or in different combinations.
70. A representative in Congress must have attained the age of twenty-five years, and been seven years a citizen of the United States; and must, when elected, be an inhabitant of the State in which he is chosen.
71. Representatives are apportioned amongst the several States according to their respective numbers, which are determined in each State by adding to the whole number of free persons, (including those bound to service for a term of years, and excluding Indians not taxed), three fifths of all other persons.
72. The Constitution provides for an actual en meration of the people within three years after the first meeting of Congress; and directs one to be taken within every subsequent term of ten years in such manner as Congress shall by law direct.
73. The number of Representatives cannot ex. ceed one for every thirty-thousand of the persons to be coinputed; but each State is entitled to at least one Representative.
74. The ratio of representation is applied to the representative numbers of the respective States, and not to the aggregaté numbers in all the States ; nor can an additional representative be assigned to any State on account of any fractional number, which may remain after the application of the ratio to its representative numbers, even though the fraction ex. ceed 30,000.
75. The Senate of the United States is constituted upon the principle of equal representation; which, while it gave effect to the main design of a separation of the two branches of the national Legislature, was evidently the result of a compromise between the larger and the smaller States.
76. The Senate accordingly consists of two Senators from each State ; and each Senator has one vote : each State, therefore," has its equal voice and weight in the Senate of the Union, without regard to disparity of population, wealth, or territory ; yet as the Senators vote individually, without regard to States, the Senate, in that respect, partakes of the proportional or national quality.
77. The Senators are chosen by the respective State Legislatures; and if vacancies happen during the recess of the Legislature, the Executive power of the State may make temporary appointments until its next meeting, when the vacancy must be filled in the ordinary manner.
78. This mode of electing Senators favours a select appointment, and gives to the States such an agency in the formation of the general Governinent as preserves their separate existence, and readers them, in their political capacities, active members of the federal body.
79. The State Legislatures respectively prescribe the times, places, and manner of holding the elections for Senators, as well as of Representatives in Congress ; and Congress cannot alter such regulations with respect to the place of choosing Sena tors.
80. The Constitution does not direct whether the appointment of Senators shall be made by the joint, or by the concurrent vote of the two branches of the State Legislatures ; hence difficulties have arisen as to its true construction.
81. The difference between the two modes is, that on a joint vote, the members of both branches assemy ble together and vote numerically; whilst a concup rent vote is taken by each House voting separately 3 when the decision of the one is subject to the approval of the other; and the difficulties in question have arisen in cases of their disagreement.
82. It has been considered in some of the States, that, consistently with the Constitution, the Law may direct Senators to be chosen by the joint vote or ballot of the two branches of the Legislature, in case they cannot separately concur in a choice, or even in the first instance, without making such attempt.
83. This construction has been found too convenient in practice, and has been too long settled by the repeated recognitions of Senators so elected, to be now disturbed. But if the question were a new one, it might be maintained, that when the Constitution directed the Senators “ to be chosen in each State by the Legislature thereof,” it meant the legisla. ture in its true technical sense, consisting of two coordinate branches acting in their separate capacities, witha constitutional negative on each other's proceedom
ings, and not the members of the two Houses assembled in one body and voting indiscriminately.
84. Senators are elected for a term of six years, and are arranged in three classes in such a manner that the seats of one class become vacant, and one third of the Senate must be regularly chosen, every two years; corresponding with the expiration of the term for which the House of Representatives is chosen.
85. From the superior weight and delicacy of the trusts confided to the Senate, the Constitution des clares that " no person shall be a Senator that shall not have attained the age of thirty years, and have been nine years a citizen of the United States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen."
86. No Senator or Representative can, during the time for which he is elected, be appointed to any civil office under the authority of the United States, which shall have been created, or of which the emoluments shall have been increased, during that time ; and no person holding any office under the United States, can be a member of either House during his continuance in office. But it is sufficient if he resign the same previously to taking his seat in Congress.
87. The next subject of consideration, in regard to the Legislative power, is, II. The privileges and powers of the two Houses of
Congress, both aggregately and separately.
88. In order to preserve a pure and genuine representation, and to control the evils of irregular and tumultuous elections, each House is made the sole
judge of the elections, returns, and qualifications of its own members.
89. As each House acts in cases where this power is exercised, in a judicial capacity, its decisions are regulated by known principles of Law; and they should be strictly adhered to as precedents, for the sake of uniformity and certainty.
90. A majority of each House constitutes a quorum for the transaction of 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
91. Each House is bound to keep a journal of its proceedings, and from time to time publish such parts of them as do not require secrecy; and to enter the yeas and nays on its journal on any question, if demanded by one fifth of the members present.
92. The members of both Houses are entitled to receive a compensation for their services, to be as. certained by Law, and paid out of the Treasury of the United States. And they are in all cases, except treason, felony, and breach of the peace, privi. leged from arrest during their attendance at the sessions of their respective Houses, and in going to and returning from the same.
93. In order to preserve inviolate the freedom of deliberation, no member of either House can be questioned in any other place, for any speech or debate therein.
94. Although no express power is given to either House to punish for contempts, unless when commit