at the election, which is called a poll-list. Poll is a Saxon word, signifying head, and has come to mean person. Hence, so much "a head" means so much for every person. By a still further change, it is made to signify an election, because the persons there voting are numbered. Thus, "going to the polls" has obtained the same meaning as going to an election, or to the place of voting.

§ 3. When the hour appointed has arrived, and the offi cers of election are ready to receive votes, the polls are said to be open; and one of the officers makes it known by a proclamation, or public announcement. Each elector hands

to one of the inspectors a ballot, which is a piece of paper, on which are written or printed the names of the persons he votes for, and the title of the office to which each is to be elected. Ballot, from the French, means a little ball, and is used in voting. Ballots are of different colors; those of one color signifying an affirmative vote; those of another color, a negative vote. Hence, the application of the word to the written or printed ticket now generally used in voting.

§ 4. If no objection is made to an elector's voting, and the inspectors are satisfied that he is a lawful voter, the ballot is put into the box; and the clerks enter his name on the poll-list. If the inspectors have reason to suspect that a person offering to vote is not a qualified elector, they may, before receiving his ballot, question him upon his oath in respect to his qualifications as to age, the term of his resi dence in the state and county, and his citizenship. Any bystander also may question his right to vote. This is called challenging. A person whose vote is thus challenged, is not allowed to vote until the challenge is withdrawn, or his qualifications are either proved by the statement of other persons, or sworn to by himself.

§ 5. In the New England States, a list is kept of all persons in each town who, upon examination, have been ascertained to be duly qualified voters; and those only whose names are thus registered are allowed to vote. Thus is avoided much of the confusion and delay often caused in other states, by the examination of voters at the time of voting; and much illegal voting is prevented. Voters in those states are also required to take what is called the "elector's oath," in which they promise to be true and faithful to the state and its government, and also to the

constitution of the United States; and to give their votes as they shall judge will conduce to the best good of the

same.

§ 6. After the polls have been closed, the box is opened, and the ballots are counted. If the number of ballots agrees with the number of names on the poll-lists, it is presumed no mistake has been made, either in voting or in keeping the lists. The number of votes for each candidate being ascertained, a statement is made of the names of all the persons voted for, and of the number of votes given for each, and signed by the officers of election. This statement, or a copy of it, is deposited with the town clerk, either to be kept on file or recorded. If the election is one for the choice of town officers, it is there determined who are elected, and their election is publicly declared.

§ 7. The election of county and state officers can not, of course, be determined by the canvassers in the towns. The statement of votes given for the several candidates in each town, is sent to the board of county canvassers, who determine and declare the election of officers chosen for the county. To determine the election of state officers, and such others as are elected for districts comprising more counties than one, a statement of the votes for the candidates for these officers is sent by the several boards of county canvassers to the state canvassers at the seat of government, who, from the returns from the several counties, determine and declare the election of these officers.

§ 8. In some of the states, voting at popular elections is done openly, or viva voce. Viva voce means, literally, living voice. In voting in this manner, the elector pronounces the name of the person for whom he votes.

§ 9. In most of the states, the election of officers is effected by a plurality of votes. An election by plurality is when the person elected has received a higher number of votes than any other, though such number should be less than a majority of all the votes given. If, for example, out of 1,000 votes divided among three candidates, one should receive 450, another 300, and the third the remaining 250 votes; the first, having received the highest number, though not a majority, would be elected. In the New England states, a majority, that is, more than half, of all the votes given, is necessary to an election. Hence, the least num

ber of votes out of 1000 by which a person can be chosen, is 501. There are some exceptions to the majority principle in these states; certain officers being elected by plurality.

§ 10. Both these modes are liable to objection. Where a simple plurality effects a choice, 1,000 votes may be so divided upon three candidates, as to elect one of them by 334 votes; or, of four candidates, one may be elected by 251 votes. Thus a person may be elected who is the first choice of but a small portion of the people of his district. Artful politicians, taking advantage of this mode of election, have sometimes secured the election of a favorite candidate by a small plurality of votes. An objection to the other mode is, that if no person receives a majority of all the votes, a new election must be held; and sometimes several unsuccessful trials are made before a choice is ef fected; thus subjecting the electors to much inconvenience, and leaving offices for the time vacant. Cases have occurred in which the people of a district have been for a long time without a representative in the state or national legislature.

CHAPTER XIII.

STATE LEGISLATURES; HOW CONSTITUTED.

§ 1. THE legislature of every state in the union, is composed of two houses, a senate and a house of representatives. The latter, or lower house, in the states of New York, Wisconsin, and California, is called the assembly; in Maryland and Virginia, the house of delegates; in North Carolina, the house of commons; and in New Jersey, the general assembly. In most of the states, the two houses are called the general assembly.

§ 2. The senate, as well as the other house, is a representative body; its members being elected by the people to represent them. Perhaps the reason why the lower house is usually designated "the house of representatives," is, that under the colonial governments, this was the only

representative branch of the legislature; our present senate being in the place of the old council, the members of which were appointed by the king. Or, as the members of the lower house are, in most of the states, chosen for shorter terms than senators, are more numerous, and consequently represent smaller districts, they may be considered as more fully and more immediately representing the people.

§ 3. Senators are chosen annually in the six New England states and in Georgia. In the other states they are elected for terms of two, three, or four years. In most of the states in which senators are elected for longer terms than one year, the senators are not all elected at the same time; but are divided into classes; those of one class going out of office one year, and another class another year; so that only a part of the senators are elected every year, or every two, three, or four years.

§ 4. The senate is sometimes called, by way of distinction, the upper house; being a more select body, composed of men generally chosen with reference to their superior ability, or to their greater experience in public affairs.

§ 5. Senators are differently apportioned in different states. In some states they are apportioned among the several counties, according to their population. In others they are elected by districts; the state being divided into as many districts as there are senators, and a senator being chosen in each district, as at present in New York. In a few of the states, the senatorial districts being unequal in size and population, more senators are apportioned to some districts than to others.

§ 6. Representatives are, in most of the states, elected annually, and are apportioned among the several counties. or districts, or (in the New England states) the towns, according to the number of inhabitants in each. In nearly one half of the states, (including most of the southern and western states,) representatives are elected, and sessions of the legislature held every second year. The rules of apportioning senators and representatives, are not the same in all the states. (See Synopsis of State Constitutions in the Appendix.)

§ 7. From the more rapid increase of population in some counties or districts than in others, their proportional repre

sentation becomes unequal. It is therefore provided by the constitution, that at the end of certain periods, the inhabitants of the state shall be numbered, and a new apportionment of senators and representatives made, according to such enumeration, so that each county and district may have its just proportion of senators and representatives. The periods of time between the enumerations are not the same in all the states, varying from four to ten years. An enumeration of the people is usually called census, which among the Romans, meant the valuation of a man's estate, and the registering of himself and his family.

§ 8. To be eligible to the office of senator or representative, the constitution requires that a person shall have resided in the state for a certain term of years. In most of the states senators, and in some of them representatives, must be of greater age than twenty-one years; and in some they are also required to be freeholders.

§ 9. If a senator dies, or resigns his office, before the term expires for which he has been elected, the vacancy is filled by the election of another person at the next election of senators, or in such other manner as the constitution may provide. But the person chosen to fill a vacancy, holds the office only for the remainder of the term of him in whose stead he was chosen.

CHAPTER XIV.

ORGANIZATION OF LEGISLATIVE BODIES; PRIVILEGES OF MEMBERS, &C.

§ 1. THE legislature composed of the senate and house of representatives, meets as often as the constitution requires, to consider the condition of the state, and to enact such laws as may be necessary to promote the public welfare. Meetings of the legislature are held at a place permanently fixed by the constitution, or by act of the legislature; at which place the principal state officers keep their offices. Hence it is called the seat of government, or more fre