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SECTION IV.

ELECTIONS.

The times, places, and manner of holding elections 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 place of choosing Senators.-Const. U. S., Art. I., Sec. 4.

Each house shall be the judge of the elections, returns, and qualifications of its own members.-Const. U. S., Art. I., Sec. 5.

SECTION V.

QUALIFICATIONS.

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.

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 end 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 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.

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.Const. U. S., Art. I., Sec. 3.

The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a Representative, who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons including those bound to serve for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exeed one for every thirty thousand; but each State shall have at least one Representative.-Const. U. S., Art. I., Sec. 2.

The provisional apportionments of Representatives made in the Constitution, in 1787, and afterwards by Congress, were as follows:

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(a) As per Constitution.

(b) As per act of April 14, 1792, one Representative for 33,000, first census. (c) As per act of January, 14, 1802, one Representative for 33,000, second

census.

(d) As per act of December 21, 1811, one Representative for 35,000, third

census.

(e) As per act of March 7, 1822, one Representative for 40,000, fourth census.

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When vacancies happen in the représentation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.-Const. U. S., Art. I, Sec. 2.

No Senator or Representative stalk, during the time for which he was elected, be appointed to any civil ice Jnder the authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no person, holding any office under the United States, shall be a member of either House, during his continuance in office.- Const. U S., Art. 1., Sec. 6.

SECTION VI.

QUORUM.

A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to comperthe attendance of absent members, in such manner, and under such penalties as each House may decide.-Const. U. S., Art. I., Sec. 5.

In general, the chair is not to be taken until a quorum for business is present; unless, after due waiting, such a quorum be de spaired of, when the chair may be taken, and the House adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted; and being found deficient, business is suspended.-2 Hats. 125, 126.

(f) As per act of May 22, 1832, one Representative for 47,700, fifth census. (g) Previous to the 3d March, 1820, Maine formed a part of Massachusetts, and was called the District of Maine, and its representatives are numbered with those of Massachusetts. By compact between Maine and Massachusetts, Maine became a separate and independent State, and by act of Congress of 3d March, 1820, was admitted into the Union as such; the admission to take place on the 15th of the same month. On the 7th of April, 1820, Maine was declared entitled to seven Representatives, to be taken from those of Massachusetts.

(h) Admitted under act of Congress of June 1, 1796, with one Representative.

(j)

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April 30, 1802,
April 8, 1812,

December 11, 1816,
December 10, 1817,
December 3, 1818,
December 14, 1819,
March 2, 1821,
January 26, 1837,

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January 15, 1837,

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The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries.-Rules of the Senate, 1.

SECTION VII.

CALL OF THE HOUSE.

On a call of the House, each person rises up as he is called, and answereth; the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard.Ord. H. of C. 92.

They rise, that their persons may be recognized; the voice, in such a crowd, being an insufficient verification of their presence; but in so small a body as the Senate of the United States, the trouble of rising cannot be necessary.

Orders for calls on different days may subsist at the same time.2 Hats. 72.

SECTION VIII.

ABSENCE.

No member shall absent himself from the service of the Senate without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the sergeant-at-arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such excuse for non-attendance shall be made, as the Senate, when a quorum is convened, shall judge sufficient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned.-Rule 8.

SECTION IX.

SPEAKER.

The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.-Const. U. S., Art. I., Sec. 3. 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.--Const. U. S., Art. I., Sec. 3.

The House of Representatives shall choose their Speaker and other officers.-Const. U. S., Art. I., Sec. 2.

When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House; but without a question, the members proposing him conduct him to the chair. But if there be objections, or another proposed, a question is put by the clerk.-2 Hats. 168. As are also questions of adjournment.-6 Grey, 406. Where the House debated and exchanged messages and answers with the king for a week, without a speaker, till they were prorogued. They have done it de die in diem for 14 days.-1 Chand. 331, 335.

In the Senate, a President pro-tempore, in the absence of the Vice-President, is proposed and chosen by ballot. His office is understood to be determined on the Vice-President appearing and taking the chair, or at the meeting of the Senate after the first recess.-Vide Rule 23.

Where the Speaker has been ill, other Speakers pro-tempore have been appointed. Instances of this are, 1 H. 4, Sir John Cheney, and for Sir William Sturton, and in 15 H. Sir John Tyrrell, in 1656, Jan. 27-1658, Mar. 9-1659, Jan. 13. Sir Job Charlton ill, Seymour chosen, 1673,]

Feb. 18.

Seymour being ill, Sir Robert Sawyer chosen,

1678, April 15.

Sawyer being ill, Seymour chosen.

Not merely Chand. 169, 276, pro-tempore, 1

277.

Thorpe in execution, a new Speaker chosen-31 H. VI.-3 Grey, 11; and March 14, 1694, Sir John Trevor chosen.

There

have been no later instances.-2 Hats. 161.-4 Inst.-8 Lex. Parl. 263.

A Speaker may be removed at the will of the House, and a Speaker pro-tempore appointed.-Grey, 186-5 Grey, 134-Vide

Rule Sen. 23.

SECTION X.

ADDRESS.

The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.-Const. U. S., Art. II., Sec. 3.

A joint address from both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the

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