proposition making the Vice-President the President of the Senate: though this last met with less hostility than the first; only two States voting against it.

§ 2. At first, it was intended to allow the Senate to choose their own presiding officer; but afterwards, when the Convention conidered a second feature of the provision, - which was, that in case of the death, removal, or disability of the President of the United States, the President of the Senate, as was proposed, was to perforin the duties of the office thus made vacant, - the Vice-Presidency

met with more favor.

§ 3. As presiding officer over the Senate, it was believed that he would be more impartial in his decisions than that officer would were he a member of their own body. He might, in that case, be too much influenced by the interest he would feel in his own State. But how his being Vice-President, instead of senator, would deprive him of this feeling of State interest, was not shown; nor was it shown why the same objection might not apply as against the Speaker of the House of Representatives, who is a member of that body.

It seems more reasonable that the Constitution places that officer over the Senate "for want of something else to do " while there is a President of the United States.

§ 4. The Vice-President has no vote in the Senate unless they are equally divided. It is difficult to understand why he should have a vote even in such cases, since he is not a member of the Senate. A measure that can not be carried affirmatively by a majority of the members of a legislative body, especially after thorough discussion, it is generally presumed, ought to fail.

§ 5. The Vice-President's vote, therefore, is of no utility but to aid the affirmative. When the Senate is equally divided, the proposed bill or measure has failed unless the Vice-President comes to its rescue. An equal division in the other house defeats any proposition in legislative proceedings.

§ 6. The President pro tempore of the Senate is an officer of that body, chosen by its members, from among themselves, in the absence of the Vice-President, or when he shall exercise the duties of the presidential office.

§ 7. Four times in our history, the Vice-President has been called to perform the duties of the President on the death of that officer. Gen. Harrison died April 4, 1841,-just one month after his inauguration as President of the United States. He was succeeded by John Tyler, the Vice-President. Gen. Taylor was inaugurated March 5, 1849; and died July 9, 1850. He was succeeded by Millard Fillmore. Abraham Lincoln died April 15, 1865, having been inaugurated the second time, March 4, 1865, and, on his death, was succeeded by Andrew Johnson. James A. Garfield died September 19, 1881, and was succeeded by Chester A. Arthur.

§ 8. It is customary, when we have a new Vice-President, for that officer to vacate his chair just before the close of the first session of the Senate, after his inauguration, to give them an opportunity to elect a president pro tempore. This is done, that, in case the Vice-President shall be called to the duties of the President, the Senate will not be left without a presiding officer.

§ 9. The President pro tempore of the Senate is sometimes called the Vice-President of the United States. This is often done, doubtless, by way of courtesy, but sometimes because he is really thought to be in fact such officer. But this is a mistake.

§ 10. In case of the death, removal, or disability of the President, the Vice-President succeeds to the presidential office and duties; but the President pro tempore performs the duties of the Vice-President only during the remainder of his term as Senator, or until, by reason of his absence or disability, or by preference of the Senate, another Senator is chosen in his place. In no case does the President pro tempore of the Senate succeed to the presidential duties; Congress having made other provision for the succession to the Presidency by the act of January 19, 1886.

§ 11. The President pro tempore is not Vice-President of the United States, but if the Vice-President has died, or succeeded to the Presidency, the President pro tempore, whatever Senator may be acting as such for the time being, performs the duties of the Vice-President as presiding officer of the Senate. The VicePresident is an officer of the United States; and no officer of the United States, the Constitution says, shall be a member of either

House of Congress. But the President pro tempore of the Senate is a member of the Senate.

§ 12. The President pro tempore of the Senate must vote on the call of the yeas and nays the same as any other member: on the contrary, the Vice-President never can vote except in cases when the Senate is equally divided.

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§ 13. The Vice-President must be at least thirty-five years of age, the same as the President; for the Constitution declares that no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States:" but a President pro tempore of the Senate need not be over thirty. The Vice-President must be native born, or a citizen of the United States at the adoption of the Constitution: the President pro tempore of the Senate need not be either. Any member of the Senate is eligible to the presidency pro tempore of that body.

§ 14. The Vice-President, in case of the death of the President, serves out the entire balance of the term for which the President and Vice-President were elected on the contrary, the President pro tempore of the Senate, in case he succeeds to the duties of Vice-President, serves only during the pleasure of the Senate, or at most during the remainder of his term as Senator.

§ 15. The Vice-President can be removed from office by impeachment only. The President pro tempore of the Senate is not a United States officer, and can not, therefore, be impeached. The Senate has decided that a member of Congress is not impeachable. § 16. The Constitution recognizes but two modes of electing a Vice-President:

1st. By electors of President and Vice-President of the United States.

2d. When the electors fail to elect a Vice-President, the Senate shall elect one; but this officer is not the President pro tempore of the Senate.

§ 17. The term of the President pro tempore of the Senate can not continue beyond his senatorial term; as in the case of Senator Foster of Connecticut, President pro tempore of the Senate, whose term expired March 4, 1867; but the Vice-Presidency expires at the end of the presidential term only.

§ 18. If the President pro tempore of the Senate is Vice-President of the United States, there were two Vice-Presidents for some forty days after Mr. Foster's election to that position; for he was elected while Andrew Johnson was yet Vice-President, and before President Lincoln's death.

§ 19. These are regarded as conclusive proofs, drawn chiefly from the Constitution itself, that the President pro tempore of the Senate is not Vice-President of the United States, even when the Vice-President proper has succeeded to the Presidency; nor does the Constitution anywhere intimate that this officer of the Senate is to be so regarded.

(List of Presidents of the Senate pro tempore, Chap. XV., Art. IX., Part II.)

1. LEGISLATIVE.

ART. X.-SENATE-POWERS.

1st. Co-ordinate with the House of Representatives in general legislation. 2.

2d. May propose or concur with amendments to bills for raising revenue. 23.

2. EXECUTIVE.

1st. To ratify treaties proposed by the President of the United States, two-thirds of the senators present concurring.

2d. To confirm the following officers when nominated by the President of the United States:

1st. Ambassadors, other public ministers, and consuls, 2d. Judges of the Supreme Court.

3d. All other officers of the United States whose ap. pointments are not otherwise provided for by the Constitution, and which shall be estab lished by law. 61.

3. ELECTIVE.

1st. Excepting their president, they shall choose their officers, and also a president pro tempore. 11, 12. 2d. When the electors of President and Vice-President of the United States fail to elect a Vice-Presi dent, the Senate shall choose one. 95.

4. JUDICIAL.

1st. The Senate has the sole power to try all impeachments when sitting for that purpose on oath or affirmation. 2d. The Chief Justice shall preside when the President of the United States is tried.

3d. Without the concurrence of two-thirds of the members present, no person shall be convicted. 13.

4th. May render judgment no further than,

1st. To removal from office; and,

2d. Disqualification to hold and enjoy any office of honor, trust, or profit under the United States. 14.

1.-LEGISLATIVE.

§ 1. The Constitution makes no general distinction between the powers of the two houses in legislation. It vests all legislative power in a Congress of the United States, consisting of a Senate and House of Representatives.

§ 2. But there is one power relating to legislation vested in the House exclusively; and that is the power to originate bills for raising revenue. Yet, when these bills reach the Senate, that branch of the legislature may treat them in all respects as though they originated there. They can propose amendments, concur with amendments, or reject them, if proposed by the House, at any stage of the proceedings; or they can reject the bills altogether.

§ 3. The Constitution simply requires that this class of legislation shall originate with the House; beyond which, that branch has no more legislative authority than the Senate. The reasons for this dis tinction are noticed in treating of the house-powers.

2.- EXECUTIVE.

§ 4. In reference to the treaty-making power, particularly as to where it should be vested, there were three classes of views a vanced in the Convention.

The first proposition was to place it exclusively in the Senate.
The second, exclusively in the President.

The third (and this prevailed), in the President and Senate