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Supreme Court of the United States, for misdemeanor, in the trial of John Fries for treason. He was, however, acquitted.

SEC. III.-1. 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.

Here we observe, that senators are chosen, not by the people, but by the legislatures of the states; they are not chosen for two years, but for six they are not apportioned according to population; but each state has two.

It may be asked why two houses are needed in the legislature, and the answer is this: that one house might be careless or hasty; they might combine together for some bad object, and pass bad laws. By dividing the legislature into two bodies, and making it necessary that every law shall be adopted by a majority of each, one becomes a check upon the other. In this way, we are more secure of obtaining cool, careful and patriotic legislation.

It will be seen that the members of the Senate being elected for six years, and the representatives for but two, the former is the more stable and permanent body, while the latter is the more perfect expression of the will of the people.

2. 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 expiration 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.

It will be remarked that provision is here made for gradually changing the whole body of the Senate. Thus, while a large portion are retained, for several years, so as to have many experienced persons among them, they may be entirely changed every six years, so as to prevent their combining together for any sinister purposes.

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.

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

5. 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.

6. 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 no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment, in cases of impeachment, shall not extend farther than to removal from office, and disqualification 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.

SECT. IV.-1. 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 places of choosing

senators.

2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SECT. V.-1. Each house shall be judge of the elec-* tions, returns, and qualifications of its own members; and a majority 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.

2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECT. VI.-1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, during their attendance at the session of their respective houses, and in going to and returning from the same; and for

any speech or debate in either house, they shall not be questioned in any other place.

The importance of having a member of Congress free from arrest, during the session, is obvious; for if he could be arrested, he might be kept away, when his single vote would decide the most momentous questions. It is important, too, that members should be permitted to speak freely, without fear of consequences, else they might be overawed, and truths, essential to the public welfare, might be suppressed.

2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under 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.

The propriety of these restrictions is obvious; for if a senator or representative could hold an office under the general government, they might thus be effectually bribed by the Executive: and if they could be appointed to offices created, or the emoluments of which were increased during their term, they might legislate with a corrupt view to the obtaining of such places for themselves.

SEC. VII.-1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

As the people pay the taxes, it is a wise and just provision that all bills which are designed to raise money from the people, for the support of government, should originate with the popular branch of

the legislative body, and which is understood, more particularly, to represent the people.

· 2. Every bill, which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the president of the United States: if he approves, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case, it shall not be a law.

This passage gives the president the power to stop the passage of any bill passed by both houses, by sending it back to the house in which it originated, with his objections. This is called a veto, which is a Latin word signifying I prohibit. The king of England has a veto power, but it has not been resorted to in modern times. The king of France had also a veto power, but when he used it, during the revolution, it created a resentment which hurled him from the throne. The veto belongs to several European governments

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