Chamber of Deputies is determined by population. Brazil has three senators from each State chosen by the State legislature (as ours were chosen before the adoption of the Seventeenth Amendment in 1913) for a term of nine years, one third of the number going out of office every three years, instead of every two years, as our senators go out.

The Constitution of Canada (North America Act of the British Parliament of 1867) contains provisions for keeping the provinces in a definite (though not equal) relationship in the Senate.

In the Commonwealth of Australia the Constitution (1900) provides for not less than six senators from each of the five States, whose term is six years. One half of the senators go out every three years. Parliament may increase the number of senators from each State, but it cannot impair the relationship of the States in the Senate. chosen by the Legislature thereof,19 for six Years; and each Senator shall have one Vote.

19 Election of senators by the legislatures of the States was superseded by direct election by the people upon the adoption (May 31, 1913) of the Seventeenth Amendment, which should be here referred to (Note 183) and read.

In the Constitutional Convention it was determined to have the States as political bodies represented in the Senate, the people themselves being represented in the other House. As the State itself was to be represented in Congress, it was concluded that the State government (the legislature) could best choose its spokesmen. A plan to have senators elected by the House of Representatives was rejected because it "would create a dependence contrary to the end proposed." A plan to have senators appointed by the President was opposed as "a stride towards monarchy." There were strong advocates of the Dular election which the Seventeenth Amendment long

after brought about, such as James Wilson of Pennsylvania, who became a Justice of the Supreme Court of the United States.

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; 20

20 As has been seen, Brazil and Australia have similar provisions for making the Senate a perpetual body, so that it cannot be made up (as the House may be) entirely of inexperienced members.

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,21 which shall then fill such Vacancies.

21 Now, under the Seventeenth Amendment, appointments are made until an election by the people can be held.

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 22 for which he shall be chosen.

22 See Note 9.

The Vice President of the United States shall be President of the Senate, but shall have no Vote. less they be equally divided.23

23 A search of the records in 1915 showed that in the course of our history the Vice President had cast the deciding vote in the Senate 179 times, often with respect to the most momentous matters.

In Washington's administration the vote of Vice President Adams more than once saved the policy of neutrality. On April 22, 1793, President Washington proclaimed, notwithstanding a strong public sentiment for France because of its help to us during the Revolution, that as a state of war existed between France on the one hand, and Great Britain, the United Netherlands, Austria, Prussia, and Sardinia, on the other, he thought it fitting to declare the disposition of the United States "to adopt and pursue a conduct friendly and impartial toward the belligerent powers" and to exhort and warn citizens carefully to avoid all acts which might in any manner tend to contravene such disposition. It was further stated that any citizen violating the proclamation "will not receive the protection of the United States." Thus was established a policy which has ever since been pursued. The deciding vote of Vice President Hobart on February 14, 1899, ratified our treaty with Spain after the war. But of course one vote cast in conformity with the Constitution as fully expressed the people's will as though they all had voted so.

In Brazil the Vice President is, like ours, President of the Senate and in case of a tie casts the deciding vote.

Under the Constitution of Canada the Speaker of the Senate is appointed by the Governor General instead of being elected, and a tie vote in the Senate is recorded as a negative and the measure or motion is lost, while in the Canadian House of Commons, which elects its presiding officer, the Speaker casts the deciding vote in case of a tie.

In the Australian Senate the members elect from their number a president, who votes with the others, and theretie is recorded as a negative.

When President Harding took office (1921) he gave Vice President Coolidge a seat at the Cabinet table. Theretofore the Vice President had been practically apart from the executive affairs of the Nation. Of course much of his time is devoted to the Legislative Department as the constitutional presiding officer of the Senate.

The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.

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.

24 The "concurrence of two thirds of the members present" in an impeachment trial may produce widely varying numerical results. To illustrate: in 1922 the Senate has ninety-six members, of whom forty-nine (a majority) are a quorum for doing business. If the whole membership should be present the two thirds necessary to impeach would be sixty-four. But if only the quorum of forty-nine should be present, the accused might be convicted by two thirds of that number, or by thirty-three.

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: 25

25 This means that none of the imprisonments, confiscations of property, or degradations of name and family, common under European law, should be known to our

system of government. Any law of Congress prescribing punishments upon impeachment beyond those named the courts would be in duty bound to declare void and for that reason to decline to give it effect.

but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.26

26 That is, if one be impeached and removed from an office of honor, trust, or profit because of theft or other crime, he will, notwithstanding the judgment in impeachment, be liable to punishment for such theft or other crime.

Section 4. 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 chusing Senators. 26a

26a This provision respecting the time and manner of holding elections was not touched by Congress until 1842, when it was enacted that members of the House of Representatives should be elected by districts. Until that time they had been elected by "general ticket", each voter in a State voting for as many candidates as the State was entitled to; but that method gave undue preponderance of power to the political party having a majority of votes in the State, when it might not have a majority in each district.

In 1872, to cure various evils, Congress required all elections for the House to be held on the Tuesday after the first Monday in November, beginning in 1876.

To prevent the failure of the election of a senator by the legislature, where one House voted for one candidate