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 places of choosing senators. Const. I. 4.]

[Each house shall be the judge of the election, returns and qualifications of its own members. Const. I. 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 the state, any 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. I. 3.]

[The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors of each state shall have the qualifications requisite for electors of that 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 the 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 service 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 exceed one for every thirty thousand, but each state shall have at least one representative. Constitution of the United States, I. 2.]

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

2. As per act of April 14, 1792, one representative for 30,000, first census. 3. As per act of Jan. 14, 1802, one representative for 33,000, second census. 4. As per act of Dec. 21, 1811, one representative for 35,000, third census. 5. As per act of March 7, 1822, one representative for 40,000, fourth census. 6. As per act of May 22, 1832, one representative for 47.700, fifth census. 7. As per act of June 25, 1842, one representative for 70,680, sixth census. 8. As per act of May 23, 1850, one representative for 98,702, seventh census. 9. By act of Congress of May 23, 1850, it was enacted that the number of representatives in Congress should be 233; that the representative population determined by the census of that year and thereafter should be divided by said number 233; and the quotient so found should be the ratio of repre

sentation for the several states. The ratio thus ascertained under the census of 1860 was 126,823, and upon this basis the 233 representatives were apportioned among the several states, one representative for every district containing that number of persons; giving to each state at least one representative. Subsequently, by act of March 4, 1862, the ratio was changed and the number of representatives from and after March 3, 1863, was increased from 233 to 241, by allowing one additional representative to each of the following states, viz.: Illinois, Iowa, Kentucky, Minnesota, Ohio, Pennsylvania, Rhode Island and Vermont; and this number was increased by the admission of Nevada and Nebraska, with one representative each, to 243.

10. As per apportionment bill passed Feb. 2, 1872, and supplemental apportionment bill passed May 30, 1872.

II. Previous to the 3d of March, 1820, Maine formed 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 March 3, 1820, was admitted into the Union as such; the admission to take place on the fifteenth of the same month. On the 7th of April, 1820, Maine was declared entitled to seven representatives, to be taken from those of Massachusetts.

12. Divided by action of state legislature and Congress of 1861 and 1862 and State of West Virginia created therefrom.

13. Admitted under act of Congress, June 1, 1796, with 1 representative. 14. Admitted under act of Congress, April 30, 1802, with 1 representative. 15. Admitted under act of Congress, April 8, 1812, with 1 representative. 16. Admitted under act of Congress, Dec. 11, 1816, with 3 representatives. 17. Admitted under act of Congress, Dec. 10, 1817, with 1 representative. 18. Admitted under act of Congress, Dec. 3, 1818, with 1 representative. 19. Admitted under act of Congress, Dec. 14, 1819, with 3 representatives. 20. Admitted under act of Congress, March 2, 1821, with 1 representative. 21. Admitted under act of Congress, Jan. 26, 1837, with 1 representative. 22. Admitted under act of Congress, Jan. 15, 1836, with 1 representative. 23. Admitted under act of Congress, March 8, 1845, with 1 representative. 24. Admitted under act of Congress, March 3, 1845, with 2 representatives. 25. Admitted under act of Congress, Dec. 29, 1848, with 2 representatives. 26. Admitted under act of Congress, May 29, 1848, with 2 representatives. 27. Admitted under act of Congress, Sept. 8, 1848, with 2 representatives. 28. Admitted under act of Congress, May 11, 1858, with 2 representatives. 29. Admitted under act of Congress, Feb. 14, 1859, with I representative. 30. Admitted under act of Congress, Jan. 29, 1861, with I representative. 31. Previous to Dec. 31, 1862, West Virginia was a part of the State of Virginia, which state was entitled to eleven members of the House of Representatives.

32. Admitted under act of Congress, Oct. 31, 1864, with 1 representative. 33. Admitted under act of Congress of January, 1867, and proclamation of the president, March 1, 1867, with one representative.

34. Admitted urder act of Congress, Aug. 1, 1876.

35, 36, 37, 38. Admitted under act of Congress, Feb. 22, 1889.

39. Admitted under act of Congress, July 3, 1890.

40. Admitted under act of Congress, July 10, 1890.

[When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. Const. I. 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. Const. I. 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 compel the attendance of absent members in such manner and under such penalties as each house may provide. Const. I. 5.]

In general, the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired 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.

[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 inay be corrected that shall have been made in the entries. Rules of the Senate.]

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. House of Commons, 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 can not 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 sergeantat-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 nonattendance 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. Constitution, I. 3.]

[The Senate shall choose their 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. Ib.]

[The House of Representatives shall choose their speaker and other officers. Const. I. 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 objection, 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 diem for fourteen 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.]

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 Wm. Sturton, and in 15 H. 6, Sir John Tyrell, in 1656, January 27th; 1658, March 9th; 1659, January 13th.

Sir John Charlton, ill, Seymour chosen, 1673, February 18th.

Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15th.

Sawyer being ill, Seymour chosen.

Not merely pro tempore.

1 Chand. 169, 276, 277.