over these matters is reserved to Congress, except as to the place of electing senators; which, being the place of meeting of the State legislature, ought not to be under the control of Congress. As yet, however, there has been no occasion to interfere with the State regulations, except that the last law requires the States to elect by districts, instead of general ticket. În Ohio, these regulations are the same as for the State officers generally, and I shall here briefly describe them.

1. As to the time. Federal representatives and State senators and representatives are elected on the second Tuesday of October. This is the general election day for all but township officers, who are elected on the first Monday of April. Federal senators are elected on such day as the assembly may agree upon for each

case.

2. As to the place. Every township is an election district; and elections are held at such places therein, as the trustees may direct.

3. As to the manner. This may be considered under several heads. 1. All elections are by ballot, written or printed, and not by oral declaration. The ballot must not contain more names than the office requires, but may contain fewer, if the voter so wishes. 2. In all elections by the people, a plurality, and not a majority, determines the choice. But in all elections by the assembly, a majority is necessary to a choice. 3. The polls are only open for one day. They are under the management of three judges, who are the township trustees; and two clerks, of whom one is the township clerk, and the other is appointed by the judges. Each clerk keeps a poll-book, in order that there may be duplicates, in which the name of every voter is entered as he puts in his vote. The votes are not inspected until the final counting after the polls are closed. The name of each candidate, and the number of votes, are then entered in the poll-books; one of which being signed by the judges and clerks, is deposited with the township clerk, and the other delivered under seal by one of the judges, to the clerk of the court of common pleas of the county. With the assistance of two justices of the peace he makes out an abstract of the returns of the county, and forwards it to the secretary of state. Certificates of election thereupon issue to the successful candidate. Where elections are contested each house is made the exclusive judge, for its own members, and provides the mode of decision. 4. Federal senators are elected by joint ballot of both houses of the assembly; and not by the separate ballot of each. (a) It has been doubted whether this is constitutional; since, as a legislature, the two houses must act separately; and in some of the States they act separately in elections. 5. Federal representatives, and State senators and representatives, are elected by districts, and not by general ticket;

(a) In some of the States, as in Massachusetts, they are chosen by a concurrent

and for this purpose, after each apportionment, the State is divided into congressional districts, and assembly districts, as nearly according to the number of white male adults as can be done without dividing counties. The chief advantage of this system over that by general ticket is, that each citizen stands a chance to know the candidate he votes for; and is not required to vote for those he cannot know. 6. To guard against abuse or fraud, each voter may be put upon oath as to his qualifications; and bribery and imposition are made penal offences.

$32. Qualifications of Members. (a) With respect to federal senators and representatives, these are prescribed in the federal constitution; and it is presumed that the States are precluded from adding any other. A federal representative must be twenty-five years of age; an inhabitant of the State which he represents; and for seven years a citizen of the United States. A federal senator must be thirty years of age; an inhabitant of the State which he represents, and for nine years a citizen of the United States. No person holding any office under the United States can be a representative or senator during his continuance in office. It has been decided that a person does not lose his residence by being absent on public business. It is also to be remarked that the federal constitution does not require a representative to reside in the district which he represents; this being left to the determination of each State.

The qualifications of State senators and representatives in Ohio are, that they must have resided in their respective counties or districts one year next preceding their election, unless absent on public business. And no person can be a State senator or representative, who holds any office under the United States, or any "lucrative office" under the State; but this provision does not extend to township offices, justices of the peace, notaries public, or officers in the militia. Another provision very properly excludes public defaulters, so long as they continue in default.

(a) The qualification of age was carried by a vote of 7 to 3. Mad. Pap. 936, 737. It was proposed in the convention that there should be a qualification of landed property. Landed was stricken out, 10 to 1, and a property qualification carried, 8 to 3id. 1215, 1216. The proposition to make public debtors and those having unsettled accounts with government ineligible, was negatived, 9 to 2-id. 1217. Seven years' citizenship for representatives, was carried by a vote of 11 to 1-id. 1257. A certain period of residence in the State, varying from one to seven years, was negativedid. 1257-60. For senators, a citizenship of fourteen years was strongly urged, but nine years was adopted by a vote of 6 to 4-id. 1273-9. On a subsequent day, the question of a property qualification was debated and lost, 3 to 7-id. 1282-7. The period of citizenship was again warmly debated, but left as before-id. 1299-1305. By the third section of the 14th Article of Amendments to the Constitution of the United States, no one can sit in Congress, act as presidential elector, or hold any other office, civil or military, under the United States, or any of the States, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.

We have also a statutory provision excluding from "offices of honor, trust, or profit," persons convicted of penitentiary offences and not pardoned; but it is doubtful if this excludes members of the legislature, because they are not generally spoken of as "officers." Of the qualifications now described, as well as of the elections and returns, each house is made the exclusive judge, because the power could be nowhere else so conveniently deposited.

§ 33. Term of Service. The term of service was a matter of great delicacy. A long term would not sufficiently secure responsibility. A short term would incur the danger of that fluctuation and instability to which popular governments have always been liable. At the same time it was desirable to make a difference between the two bodies, in order to secure as great a variety of influences as possible. To accommodate all these views, federal representatives are elected for two years, (a) and federal senators for six. (b) But to remove all cause for apprehension on account of the long term allotted to senators, an arrangement was made by which one third should be elected every two years. For this purpose, the first senate was divided by lot into three classes, taking care that both senators from one State should not be in the same class. The first class went out at the end of two years, the second at the end of four years; and as each class went out their places were supplied by a new election. The result is, that every second year, one-third of the senate, and all the house of representatives, are newly elected. Views somewhat similar have prevailed in the State constitutions. But in Ohio both senators and representatives are elected biennially, and hold office for two years, commencing on the first day of January. The term of service in all these cases is an integral term; so that when a vacancy occurs, by death, resignation, or otherwise, the person elected to fill it only serves out the unexpired term; and vacancies are supplied as follows: For a federal representative, or a State senator or representative, the governor by proclamation, orders a special election in the vacant district, which is conducted in the manner before described. For a federal senator, (c) if the vacancy occur during the recess of the assembly, the governor makes a temporary appointment, to expire at its next session. Otherwise, the assembly fills the vacancy at once.

§ 34. Duties, Powers, and Privileges of Members. There are several provisions connected with the duties, powers, and privileges of members.

(a) The convention first fixed upon three years. Some were strenuous for one year. The term of two years was finally acquiesced in unanimously. Mad. Pap. 848, 931.

(b) The convention first fixed upon seven years. Afterwards, opinions ranged between four and nine years; and, after a very animated debate, the term of six years was carried by a vote of 7 to 4. Mad. Pap. 853, 960-9. (c) See the debate on this subject. Mad. Pap. 1268-70.

1. The Time of Meeting. (a) Congress is required to meet at least once a year; and this must be on the first Monday in December; unless a different day shall be appointed by law, which has not been done. On extraordinary occasions, also, the executive, may by proclamation, call an extra session. The regular sessions of our general assembly commence on the first Monday of January, biennially.

2. Privilege from Arrest. While going, attending, and returning, the members are "privileged from arrest," for any cause except "treason, felony, and breach of the peace," which terms are construed to include all criminal offences; so that the exemption from arrest extends only to civil matters; and to this extent its propriety is too obvious to need comment.

3. Freedom of Debate. (b) The words are, that "for any speech or debate, they shall not be questioned in any other place." The design is to secure independence in debate only; and therefore the privilege extends only to what is spoken in debate. If a libellous speech be published, the member is answerable as in other

cases.

4. Security against Corruption. (c) To this end, it is declared that no member "shall, during the time for which he was elected, be appointed to any civil office which shall have been created, or the emoluments whereof shall have been increased, during such time." But as the disability continues only during the time for which he was elected, this provision is not calculated to produce much effect. In Ohio this disability is extended to one year after the term.

5. Quorum. (d) By a quorum is meant the number necessary to do business. In the houses of Congress, only a majority is required to constitute a quorum; and in our assembly the same. In either, however, a less number may adjourn from day to day, and may compel the attendance of absent members. Such a provision is indispensable in order to secure the continuance of a session, which can only be effected by adjournments.

6. Yeas and Nays. (e) By yeas and nays, are meant the votes which are to be recorded on the journals of each house. In Congress, they are required to be taken only at the request of one-fifth; but in our assembly, they may be demanded by any two members. When the yeas and nays are not called for, members may shun responsibility, either by not voting at all, or by having their voices drowned in the mass; and even if their vote be known at the

(a) See Mad. Pap. 1246-8.

(b) Rex v. Creevey, 1 Maule & S. 273.

(c) For the debate on this subject, see Mad. Pap. 937-45, 1317-26. An absolute ineligibility to any office, during the period of membership, was strongly urged. Id. 1481-5.

(d) See the debate, in which a less number than a majority was strongly urged. Mad. Pap. 1287-90.

(e) See the debate, Mad. Pap. 1291-4. Some thought the yeas and nays ought never to be entered, because the reasons of the vote would not appear upon the journal.

time, it is not recorded for future reference. But when the yeas and nays are called and entered upon the journal, every member must vote, unless excused; and that vote may be scrutinized at any future period; so that there is no way of escaping responsibility. This shows the importance of allowing a small number to call the yeas and nays. Our State constitution requires them to be called on the passage of every bill, and there must be a majority of all members elected to each house.

7. Protest. (a) Our State constitution contains a further provision allowing any member to make his protest against any act or resolution, and have it entered upon the journal. But this does not seem calculated to answer any very salutary purpose; and the want of a similar one in the federal constitution, is scarcely a matter of regret.

8. Compensation. (b) The federal constitution leaves this matter to Congress; at present, it is eight dollars per day for the members of each house, and the same for every twenty miles of travel, going and returning. The experiment was made of a fixed compensation, by way of salary; but it proved unpopular, because it did not depend upon the amount of service rendered. (c) In the States, the compensation is also per diem, but generally much less than for members of Congress. The difference, indeed, is greater than there would seem to be reason for. In both cases, the compensation is paid out of the respective treasuries, and not by the particular districts.

§ 35. Separate Powers and Duties of each House. There are certain separate powers and duties of each house, without the concurrence of the other, which next require notice.

1. The Election of Officers. With the exception of the federal senate, of which the vice-president of the United States is ex officio president, and of the State Senate, of which the lieutenantgovernor is ex officio president, each house elects its own officers; namely, a presiding officer, usually denominated speaker; a record

(a) This question was discussed in the federal convention, and negatived by a vote of 3 to 8. Mad. Pap. 1292.

(b) It was proposed in the convention that the compensation should be regulated by the price of wheat. Some were in favor of no compensation; some, that it should be regulated and paid by the States; some, that it should be fixed by the constitution. Mad. Pap. 849, 854, 931, 969. It was finally agreed, 9 to 2, that the compensation should be ascertained by law, and paid out of the national treasury. Id. 1326–30.

(c) By the act of July 8, 1866, each senator, representative, and delegate in Congress is to receive five thousand dollars per annum, and mileage for each regular session at the rate of twenty cents per mile, to be estimated by the nearest route usually travelled. The Speaker of the House is to receive eight thousand dollars. A deduction is to be made for each day's absence, unless the reason be the sickness of himself or some member of his family. By the act of March 3, 1873, which has recently caused so much discussion, the salary of senators and representatives is made $7500 in full of all pay and allowances except actual individual travelling expenses from their homes to the seat of Government by the most direct route of usual travel, once in each session. The feature which caused so much scandal was the dating of the period for which the pay was so increased back two years, to the commencement of the session then expiring. The speaker's pay is $10,000, but was not dated back.