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der the Act of 1851.--2 Cong. Elec. Cases, p. 244. The
legal steps prescribed by law must be exhausted before
the process of the House is resorted to by contestant.-
Carrigan vs. Thayer, 2 Cong. Elec. Cases, p. 576. Po-
litical census is too vague and uncertain for use as evi-
dence, and the general rule applies to hearsay testi-
mony.-Ingersoll vs. Naylor, 2 Cong. Elec. Cases, p.
33. A deposition taken after closing of the time for
taking it rejected.—Todd vs. Jayne, 2 Cong. Elec.
Cases, p. 555. So testimony not under oath.-See New-
land vs. Graham, 2 Cong. Elec. Cases, p. 5; New Jer-
sey Case, id., p. 19; Vallandigham vs. Campbell, id.,
p. 223; Blair vs. Barrett, id., p. 308. Act of 1851 not
absolutely binding on the House, but must not, without
cause, be disregarded.-Williamson vs. Sickles, 2 Cong.
Elec. Cases, p. 288; Harrison vs. Davis, id., p. 341.
Congressional committee ought not to inquire into dis-
cretionary powers of Election Judges unless sufficient
proof of corrupt practices appear as to destroy all con-
fidence in the fairness of such officers.-Biddle vs.
Wing, 1 Cong. Elec. Cases, p. 504. If ex parte testi-
mony is admitted in favor of one party he cannot
object to it by the other.-Id.

SECTION 3.

1. The Senate of the United States shall be composed Senato. of two Senators from each State, chosen by the Legislature thereof, for six years, and each Senator shall have one vote.

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.

3. No person shall be a Senator who shall not have attained the age of thirty years, and been nine years & citizen of the United States, and who shall not, when

elected, be an inhabitant of the 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 shall be equally divided.

5. The Senate shall choose their other officers and have 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 bave 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 further 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.

Note.—METHOD OF ELECTION.—The method of electing U.S. Senators is left to the choice of the State Legislatures.-Yulee vs. Mallory, 2 Cong. Elec. Cases, p. 608. Concurrent majority of each House not necessary to elect.-Cameron's Case, 2 Cong. Elec. Cases, p. 627. Each House must, by a majority vote, agree to meet, and meet in accordance therewith. The election must be by the two Houses as distinct bodies, though acting together. An election at a meeting of the two Houses, or a majority of each, unless by appointment for the purpose, is not valid.-Bright and Fitch's Case, 2 Cong. Elec. Cases, p. 629; Harlan's Case, id., p. 621; see Vol. 1, p. 284, ante, Secs. 1332, 1333, and notes, “Election for Senators.” In contests before the Senate, the holder of the certificate is entitled to his seat, leaving the committee to determine the validity of his election.-Potter vs. Robbins, 1 Cong. Elec. Cases, p. 877. A Governor cannot make a valid appointment to the U. S. Senate, when no vacancy exists, during the recess of the Legislature. It is not sufficient that a vacancy is about to happen.-Lamman's Case, 1 Cong. Elec. Cases, p. 871; also, Sevin's Case, 2 Cong. Elec. Cases, p. 605.

An Act to regulate the time and manner of holding

elections for Senators in Congress.

[Approved July 25, 1865.] Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Legislature of each State which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place of such Senator so going out of office, in the following manner: each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for who shall have a majority of the whole number of votes cast in each House shall be entered on the Journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give such majority to any person on said day that fact shall be entered on the Journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in joint assembly, and the Journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required by this Act, the joint assembly shall then proceed to choose by a viva voce vote of each member present a person for the purpose aforesaid. And the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote, until a Senator shall be elected.

SEC. 2. And be it further enacted, That whenever at the meeting of the Legislature of any State a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall

40-VOL. II.-POL.

proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein before provided for the election of a Senator for a full term; and if a vacancy shall happen during the session of the Legislature, then on the second Tuesday after the Legislature shall have been organized and shall have notice of such vacancy.

SEC. 3. And be it further enacted, That it shall be the duty of the Governor of the State from which any Senator shall have been chosen, as aforesaid, to certify his election, under the seal of the State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State of the State.

SECTION 4.

Congress.

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.

NOTE.-The election of members of Congress from this State, and the formation of Congressional districts, are provided for in Part II, Title I, Chap. III of the Political Code.

ELECTION ON GENERAL TICKET SUSTAINED.-New Hampshire, 2 Cong. Elec. Cases, p. 47; Phelps and Cavanaugh's Case, id., p. 248. Tie vote to be determined by Congress, and not by State authorities.- Reed vs. Cosden's Case, 1 Cong. Elec. Cases, p. 353. If the House is unable to decide which of two are entitled to the seat it must be declared vacant.-Letcher vs. Moore, 1 Cong. Elec. Cases, p. 715. The Act of the Delaware Legislature requiring a ballot to contain two names, one not a resident of the same county with the voter, is constitutional.- Latimer vs. Patton, 1 Cong. Elec. Cases, p. 69. Failure of Legislature to provide for vacancy, or election to fill it, is cured by Governor's proclamation for.—Hoge's Case, 1 Cong. Elec. Cases, p. 349. The Oregon Constitution fixes the time of election of Representative to Congress beyond the control of the Legislature.-Shiel vs. Thayer, 2 Cong. Elec. Cases, p. 349.

TERRITORY not entitled to Representative as a State till admitted into the Union, although a Constitution has been adopted.—Conway vs. U.S., 1 N. and H., p.

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68. A Delegate from Territory's term expires with
the Congress in which he took his seat.-Doty vs.
Jones, 2 Cong. Elec. Cases, p. 16.

EXTRA OR SPECIAL SESSION.-Members elected for
must give way to regularly elected members for that
Congress.-Gohlson and Claiborne's Case, 2 Cong.
Elec. Cases, p. 9. A State law requiring votes to be
returned within a certain time directory only.--Brock-
enborough vs. Cabell, 2 Cong. Elec. Cases, p. 79. And
if not so returned, are to be counted, if opportunity is
had to count them.-Richards' Case, 1 Cong. Elec.
Cases, p. 95. House is judge of the election of its
members, and returns are only primary evidence of
election.-Chrişman vs. Anderson, 2 Cong. Elec. Cases,
p. 3:28; Spaulding vs. Mead, 1 Cong. Elec. Cases, p.
157. One holding a certificate from Governor of Ter-
ritory, given in lieu of a former certificate superseded
for fraud, is entitled to his seat.-Morton vs. Daily, 2
Cong. Elec. Cases, p. 402. As to contests of election
see note to Sec. 2, ante. The Act of February 28, 1871,
requires all votes for members of Congress to be by
ballot.--See note to Sec. 1343, ante, Vol. 1, p. 286.

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.

SECTION 5.

1. Each House shall be the judge of the elections, Powers of returns, and qualifications of its own members, and a Congress. 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 penal. ties 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.

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