CHAPTER VIII.

Election of Senators.

The provisions of the Constitution regarding the election of senators

were as follows: "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." (Article I, section 3,

paragraph 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."

(Article I, section 4, paragraph 1.)

Until 1866 this matter was left entirely to the States, as permitted by

the section of the Constitution just given. In that year an act was

passed by the Federal Congress regulating the election of senators by

the State Legislatures. By it was provided that the Legislature of each

State, which is chosen next preceding the expiration of the term of

either of their senators, shall on the second Tuesday after assembling

elect a senator in the following manner: Each House shall by open ballot

(_viva voce_) choose some man for senator, and he who receives a

majority of the total number of votes cast in such House is entered on

the journal of that House. At noon on the following day the members of

the two Houses convene in joint assembly, and the journal of each House

is then read, and if the same person has received a majority of the

votes of each House he is declared duly elected senator. But if not, the

joint assembly then proceeds to choose by a _viva voce_ vote of each

member present, a person for senator, and the person who receives a

majority of all the votes of the joint assembly--a majority of all the

members elected to both Houses being present and voting--is declared

duly elected. If no person receives such a majority on the first day,

the joint assembly meets at noon on each succeeding day during the

session of the Legislature, and takes at least one vote until a senator

is elected. In case of a vacancy occurring in the Senate during the

recess of the State Legislature, the governor appoints a man to fill the

place, his appointee holding until a successor shall be chosen in the

above method by the State Legislature.

In the House, when vacancies happen in the representation from any

State, the Governor issues an order for a new election in the

congressional districts in which such vacancies occur. The

representatives thus elected hold office for the unexpired terms of

their predecessors.

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