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population of the United States, 62, 622,250, leaving a representative population of 61,908,906. This number was then divided by the numbers 332,333, etc., to 375 successively, and then the population of each State by the resulting quotients. The number 356 produced the ratio 173,901 ; and this ratio, applied to the States one by one, gave no State a less number of Representatives than it had under the previous apportionment, provided the States having the major fractions were allowed each an additional Representative. These quotients aggregated 339, and 17, the difference between this number and 356 equalled the number of major fractions and also included all moieties. The House was therefore made to consist of 356 members, the uumber assigned to any State being equal to the number of times its population contained 173,901, plus one if it had a major fraction. No State had a moiety of the ratio left unrepresented. The largest unrepresented fraction was that of New York, 85,951, while a moiety is 86,952. But this measure could not probably have been carried, had not a number been found (356) that neither reduced the representation of any State, nor left, after the majority fractions were taken care of, a single unrepresented moiety.

The Numbers of the House and the Ratios of Representation are set down in the following table, with the period: Period.

Size of House. Ratio 1789-1793

65 1793-1803 .

105

33.000 1803-1813

141 1813-1823

181

35,000 1823-1833

40,000 1833-1843

240

47,700 1843-1853

223 1853-1863

234

93,503 1863-1973

241 127,941 1873–1883 .

292

130.533 1883-1893

332

151,911 1893

173,901 The admission of Utah to the Union since this table was compiled, has increased the size of the House of Representatives by 1.

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356

Table Showing the Several Apportionments of Representatives to the States.

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Alabama...
Arkansas
California.
Colorado
Connecticut.
Delaware..
Florida,
Georgia...
Idaho...
Illinois.
Indiana.
Iowa
Kansas. .
Kentucky
Louisiana.
Maine...
Maryland
Massachusetts,
Michigan...
Minnesota.
Mississippi..
Missouri.
Montana.
Nebraska
Nevada
New Hampshire.
New Jersey
New York...
North Carolina.
North Dakota..
Ohio.
Oregon..
Pennsylvania..
Rhode Island..
South Carolina.
South Dakota
Tennessee.
Texas
Vermont
Virginia
Washington.
West Virginia.
Wisconsin..
Wyoming
Utah.

I 3 5 7 7

1 I 2 3 41
2 2 3 4

I I
5 7 7 7 6 6

4 4 4 4 4 4 5 1 I I 2 I I I I I I I I

I I I 2 2 2 3 3 2 4

6.
7 9 8 8 7

9 10 II II

I
I I 3 7

9 14 19 20 22 25
I
3 7 IO II II 13 13 13
2 2 6

II

I 3 7 8
2 6 10 [213 10 10 IO II II
I 3

3
4 4

6 6 6
7 7 7

6 5 5 4 4
6 8
9 9 9

8 6 6 5 6 6 6
8 14 17 20 13 12 IO II IO II 12 13 14

1
3 4 6

2 2 35 7 9
I I 2 4 5 5 6 7
I 2 5 7 91 13 14 15 16

I I
I I 3

6

I I I I
3 4 5

3 3 3 2 2 2
4. 5
61 6

5. 5 5 7 7 8 10 6 10 17 27 34 40 34 33 31 33 34 34 31 5 10 12 13 13 13 9 8 7 8 9

I I 2
I 6 14 191 211 21 19 20 21 21 21

I I I I 2
8 13 18 23 26 28 24 25 24 27 28 30 32

2 2 2 2 2 2 2 2 2 2 2
5. 6 81 9 9 9 7

6 4

7 7 op

I 2
I 3

6
91 13 II IO 8 10

10 10-10

2 2 4 6 11 13 16
2 4. 6 5. 5 4 3 3 3 2 2
TO 19 22 23) 22 12 15 13 II 9 10

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3 3 4 4 5
2
3

9 10 11

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CHAPTER XIX.

COMPOSITION AND ORGANIZATION OF THE SENATE.

ARTICLE I.

Section 3, Clause 1.–The Senate of the Uuited 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.

289. Number, Election, and Term of Senators.Every item of this clause was the subject of controversy in the Convention. When it had been settled that Congress should consist of two branches, and that representation should be equal in the Senate and proportional in the House, there remained the questions : How shall the Senators be chosen ? For what term shall they serve? and, How shall they vote? Some said they should be elected by the House of Representatives; some, that the President should appoint them from a list of candidates named by the State Legislatures; some, that they should be elected by the people; while Mr. Hamilton proposed that they be elected by electors chosen by the people of the several States. The rule adopted was the one most consistent with the general character of the Constitution. Four

six

years, seven years, and life, or good behavior, were named as a suitable term. Six years combines both permanency in the Senate and responsibility in the Senator. An equal vote in the Senate is not the same thing as voting by States; the individual vnte gives less prominence to the State idea. Nevada, with a population of 45,761, has the same number of Senators as New York, with 5,997,853. And the rule of the Constitution which makes this possible, is the most permanent part of that instrument. (See Art. V.)

years,

Section 3, Clause 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.

290. Classes of Senators.-On May 15, 1789, the twenty Senators present from the ten States were divided in accordance with this rule. They were first put into three classes, care being taken not to have the two Senators from any State in the same class, and the time for which the classes should serve was then determined by lot. Class one, consisting of seven Senators, should retire in two years; class two, of the same number, in four years ; class three, of six, in six years. It was ordered that when additional Senators took their seats, they should be placed by lot in these classes, but in such manner as to keep them as nearly equal in number as possible. Accordingly, the New York Senators were placed in classes three and one; the North Carolina Senators in two and three, and the Rhode Island Senators in one and two.

. 1881, 1887, 1893. 1905

The years in which the classes retire may be thus exhibited :

Class I, 1791, 1797, 1803 .
Class 2, 1793, 1799, 1805

1893, 1889, 1895.
Class 3, 1795, 1801, 1807 .

. 1885, 1891, 1897. 1903 The time that a Senator from a newly-adniitted State serves depends on the date of the State's admission to the Union, and on the state of the classes at the time. He may serve six years, he may serve but a single day. California was admitted to the Union September 9, 1850. The California Senators fell into classes three and one, and John C. Fremont, who had drawn one (or the short term), served only until March 4, 1851.

291. The Senate a Permanent Body.—A House of Representatives continues two years, and an Executive administration four. But the Senate, like the Old Congress, is a perpetual body, and it is the custom to keep up a perfect organization. This fact gives the Senate dignity and adds strength to the Government. One reason for this was to show to the world that the American Government did not come to an end every two or four years. A Senator appointed by a Governor to fill a vacancy holds his seat until the Legislature elects a successor to the former incumbent, or, if it fails sooner to elect, to the end of the session of the Legislature following his appointment. If a Legislature fails to elect, having had an opporlunity, the Governor cannot fill the vacancy.'

Section 3, Clause 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.

292. Senator's Qualifications. The remarks made concerning the qualifications of the Representative are of equal application to the Senator, only the greater dignity and responsibility of the Senator call for a greater age and a longer citizenship. Two men elected to the Senate have been declared disqualified by reason of an insufficient citizenship: Albert Gallatin, of Pennsylvania, in 1798, and James Shields, of Illinois, in 1849.

Section 3, Clause 4.—The Vice-President of the United States shall be President of the Senate, but shall have 110 vote, unless they be equally divided.

293. Vice-President's Vote.-As the Vice-President is not a member of the Senate, he is not, like the Speaker of the House, entitled to a vote. His casting vote is of no avail unless given in favor of the pending measure; for every question is lost unless it receives a majority. In the early years of the Government, when the Senate was small and equally divided politically, the Vice-President's position was very important. John Adams had an “unusual

1 This point was definitely decided at the first regular session of the Fifty-third Congress, in the cases of Senators appointed under such circumstances by the uovernors of Montana, Washington, and Wyoming,

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