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assigning to so many States having the largest fraction, one additional member each, for its fraction, as may be necessary to make the whole number of representatives amount to 233. When the apportionment is completed, the Secretary of the Interior sends a certificate thereof to the House of Representatives, and to the Executive of each State a certificate of the number of representatives apportioned to such State.
§ 93. Thus, by dividing the aggregate representative population of the States, which by the last census was ascertained to be 21,767,673, by 233, the number of representatives established, as we have seen, by law, a quotient of 93,423 is obtained as the ratio of representation; this ratio, being divided into the representative population of each State respectively, gives a total of 219 representatives; California, Delaware, and Florida each, returned in the census as having a population less than the ratio, are, nevertheless, by the clause we are now considering, each entitled to one representative, which increases the total number to 222. This still leaves eleven representatives, who, by the act above mentioned, are to be assigned to the eleven States having the highest fractions.
§ 94. By a special act of July 30, 1852, an additional representative is allowed to California until a new apportionment, in consequence of the defectiveness of the census returns for that State; and, until such new apportionment, the whole number of representatives from the States was increased to 234.
$95. As the House of Representatives is at present constituted, there are four modes in which a State may be entitled to a representative:
(1.) By the ratio of representation. (2.) By its large fraction.
(3.) By the constitutional provision that "each State shall have at least one representative."
(4.) By special law.
§ 96. The following table shows how the representatives are distributed among the States according to the above modes:
[Clause 4.] "When vacancies happen in the Re
presentation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such Vacancies."
§ 97. This clause provides that when vacancies occur in the representation from any State, the governor thereof may issue writs for a special election to fill the vacancy. Those who are elected in pursuance of such writs are not elected for a full term, but only for the unexpired portion of the term which has become vacant.
[Clause 5.] "The House of Representatives shall chuse their Speaker and other officers; and shall have the sole Power of Impeachment."
§ 98. The House of Representatives at the commencement of each session elects a Speaker, who is the presiding officer of the house.
In England, the Speaker of the House of Commons is chosen by the house; but he must be approved by the king. The king's approbation is now always taken for granted, though formerly it was necessary that it should be expressly given.
§ 99. The officers of the House of Representatives, in addition to the Speaker, are-a clerk, who, with his assistants, keeps the records and journals of the proceedings of the house; a sergeant-at-arms, who executes the commands of the house; a doorkeeper; and a postmaster, who superintends the post-office kept in the Capitol for the accommodation of the members. The clerk is required to take an oath or affirmation to discharge truly and faithfully his duties to the best of his knowledge and ability. He also gives security to account for all public money coming into his hands. The sergeant-at-arms and doorkeeper are sworn to keep the secrets of the house. A
clergyman is also usually chosen, every session, to act as chaplain, who offers prayer at the opening of each morning session, and performs such other religious services as may be required.
The subject of impeachment will be spoken of hereafter.
SECTION 3. [Clause 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.”
$100. The Senate constitutes the other branch of the legislative power. Senators are elected, not directly by the people, as representatives are, but by the legislatures of the respective States. In the Senate, the States, having each two delegates, are placed upon an equal footing, while in the House they are represented in proportion to their population. In this respect, the Constitution, by giving to each State an equal voice in the Senate, without regard to difference of population, wealth, or dimensions, resembles the old Confederation.
§ 101. The Constitution does not prescribe the mode in which the legislatures are to elect senators. In most of the States the senators are chosen by a joint vote, that is, both branches of the State legislature meet together and vote as if they constituted a single body; but in some of the States each branch votes separately, and both must
agree in the choice of the same candidate; this is termed a concurrent vote.
$102. Under the Articles of Confederation, the votes in. Congress were taken by States, so that each State had but one vote, no matter what was the number of its representatives. The provision in the Constitution that each senator shall have one vote, was intended to introduce a different mode of voting.
§ 103. If all the States, or a majority of them, should refuse to elect senators, the legislative powers of the Senate would be suspended; but if any one State should refuse to elect them, the Senate would not, on that account, be the less capable of performing all its proper business.
[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."
§ 104. By this clause the Senate is changed gradually, so that, although new members are constantly coming in, there are always in the Senate some of the older and more experienced members. Every two years one-third of the members retire, and are replaced by others. In the original