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 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."

"4. The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided."

All these are plain provisions. The vice-president has a casting vote, as it is called; he may become president in case of vacancy. This is the reason why he is elected by the people.

"5. The senate shall choose their other officers, and also a president protempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States."

This also is plain, and it remains a great desideratum that the speaker of the house of representatives also should not be entirely dependent upon the absolute majority vote. The house has the right to make the necessary rules in this regard.

"6. The senate shall have 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."

The president of the supreme court takes the place of the vicepresident, on account of his right to succeed the president in case of vacancy.

“7. Judgment in cases of impeachment shall not extend further than 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."

This all is plain.

SECTION IV.

"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."

This clause empowers Congress to control the state governments to prevent factitious legislation, interfering with the activity, and even existence of Congress.

"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."

This clause requires no explanation.

The framers of the Constitution have, in a certain measure, imitated the English parliament, which is also divided into two houses, one of the commons, the other of the peers-those are created by privilege, the commoners are elected. The great difference between this parliament and our Congress is not in names, but in business. The English parliament is the national and municipal legislature, uniting within itself that business which priorly belonged to the kingdoms (and parliaments) of England, Scotland, Ireland, and Wales; our Congress is only the national legislature, equally divided between the senate and house of representatives. The senate, however, serves also as an executive council of the president, for like purposes a separate body under the name of privy council, exists in Great Britain. The fewer members of the senate have therefore more business to perform, than the larger number of members of the house. Having now never heard a complaint that there are too few senators for their business, it follows that the number of the members of the house may be profitably curtailed for the better despatch of the legislative business. The house began working with sixty members, a great advantage for the Union. Our Congress does not, as the English parliament, represent local interests, privileges, castes, classes, clergy, crown-rights, etc., but has only to mind that business which is clearly defined and expressly granted to it by the Constitution; the responsibility of both houses is alike; they control and check each other, to avoid errors in law-making. Thus there is some likeness in the external form of our Congress with that of the British parliament, but their proper business, legislative duties, and responsibility, differ widely. This difference should caution us not to adopt or imitate English laws.

All these provisoes are just and plain, and necessary for the activity and stability of Congress. We shall soon come to more interesting subjects.

Election Returns.

LETTER V.

Quorum. — Order of Sessions. -Rules of Proceedings. - Decorum. - Expelling of Disorderly Members. — Journal. — Yeas and Nays. — Factitious Legislation should be Resented. — Adjournment. Compensation. Privileged from Arrest. No Questioning for any Speech. Speeches for Party Purposes.Members of Congress excluded from Offices. — Exalted Mission of Congress. — Influence of Ladies.

WE have to examine the framework of our political national fabric a little longer.

SECTION V,

Contains dispositions which may be adapted to all kinds of meetings, for church or charitable purposes.

"1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a 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 penalties as each house may provide.”

The majority must govern; this requires a proviso for a working number or quorum. This proviso prevents the minority from doing business, and sufficiently proves the independence of our national legislature. In Europe generally the governments prescribe the rules of the houses, qualifications, etc.

"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."

Members of the American Congress should never be guilty of indecorous behavior. It must have caused pain to George Washington to admit this clause and subscribe it as a president of the convention. The debates about the political business granted to Congress should be of the most courteous, dignified, and temperate kind. The houses, of course, have also the right to resent contempts, the same as the courts. They have even extended their power to punish disorderly behavior for offences not committed as senators or representatives, which were considered entirely inconsistent with the senatorial dignity and trust. There seems to be

then no lack of laws to prevent, or punish such disgraceful scenes, which we witness so often in Congress and out of it, wherein members of Congress are the actors. But laws make no gentle

men, good mothers do.

"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 questions shall, at the desire of one fifth of those present, be entered on the journal."

This proviso shall render the members of Congress more mindful of their responsibility. Suppose a faction in Congress would refuse the constitutional appropriation for an established branch of the government, as for instance, the army or navy, on mere party, that is, private or factitious grounds, and not on national grounds, all those who should be injured by such an act may claim damages from the United States; which, in their turn, should take recourse against such factitious members of Congress proved as such by their votes, and the journals of the respective houses. The existence of the people in the United States, as a nation, may be jeoparded by factitious legislation. As the executive is amenable to the law and subject to impeachment, so ought to be factitious members of legislatures responsible with their persons and property for their participation in unconstitutional and injurious legislation not guided by justice. Hence the necessity of recording the yeas and nays.

"4. Neither house, during the session of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting."

By this clause the members of Congress are kept sedate and at work.

SECTION VI.

“1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place."

The usual compensation of $8 per day, besides a mileage to the seat of Congress, going and returning, has been changed of late

to an annual salary of $3000 per member. It will make the sessions shorter and the despatch of business slower. The more lucrative the seats in a legislature are, the more they will be coveted and abused by mere speculators. I remarked in another place that there are exceedingly few persons fit for this business. This kind of business should be made as little attractive as possible. The less tampering with the laws the better. Our strength is not in laws-but in virtue and self-control, superseding political laws.

The privilege of speech and debate refers merely to the act of delivery. If a member of Congress publishes a speech, and it contains a libel, he is liable for it. There should be but little speech-making in such a legislature as Congress, where certain delegated business is to be performed, and not, as in Great Britain, a lordly king and a proud wealthy aristocracy is to be kept eternally in check. You may easily observe that almost all speeches, the maiden speeches included, in Congress, are made for party and personal purposes, not required by the actual business. Such harangues and oratorical feats may be in place in Great Britain, where society is subject, all popular rights must be conquered, and the crown has been, by the law of inheritance, in the possession of an immense executive power and patronage since time immemorial. But with all such things, no one in Congress has anything to do. There all is plain, settled, prescribed business. Nobody can entertain any serious doubts about it; and if this should be the case, the United States supreme court is authorized to settle the question. For what purpose are then with us bitter and angry harangues? The constitution gives no cause for them, our best public men have never indulged in them. As our form of government differs from the forms of European governments, so should our manner of managing public affairs differ from theirs. Ours should be plain, business-like, and free of rhetoric bombast, passionate and violent language. It will be the case if the public, and especially the ladies, condemn this style.

"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."