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Term of Office.

65. The Senators are chosen for six years; but, as if to obviate any objection that might be urged against so long a term, the Constitution has provided that immediately after the Senate should be assembled, in consequence of the first election, they should be divided, as equally as might be, into three classes the seats of the Senators of the first class to 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. Thus one-third are chosen every second year.

66. By this arrangement, while fresh members are introduced into the Senate biennially, there is a much larger number who have acquired experience and familiarity with the public business. As new states are admitted into the Union, and additional members are thus brought into the Senate, they are placed by lot in the foregoing classes, but in such manner as to keep the classes as nearly equal as possible. In arranging the classes, care was taken to place the Senators from the same state in different classes, so that their term of service should not expire at the same time, and thus leave the senatorial representation of the state vacant.

Vacancies in the Senate.

67. If vacancies happen in the Senate 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 must then fill such vacancies.

68. In one instance it was decided by the Senate that the seat of a Senator is vacated by a resignation addressed to the executive of the state, though he may have received no notice that it was accepted; and in another that the executive of a state could not make an appointment in the recess of its legislature in anticipation of a vacancy; it being held that the vacancy must actually have occurred before the appointment could legally be made.

Qualifications for a Senator.

69. As the members of the Senate are chosen differently from the members of the House, and for a longer term, so also their qualifications are different and their powers greater. No person can be a Senator who has not attained the age of thirty years, and been nine years a citizen of the United States, and who is not, when elected, an inhabitant of the state for which he is chosen.

70. When we reflect that history furnishes us with many conspicuous examples of men who have exhibited extraordinary abilities at the very outset of their career; that Hannibal, for instance, was but twenty-six when he led the Carthaginian army into Italy, Scipio but twenty-seven when entrusted with the command of the Roman legions in Spain, and Napoleon also but twenty-seven when he began his astonishing career of victory, it may, perhaps, appear singular that the Constitution should place the qualification for a Senator, in point of age, at thirty years, rather than at twenty-five, which is prescribed for a Representative. But when we consider, on the other hand, that genius and intuition are vouchsafed to but few, and that study, experience, and observation, are necessary to form most men and fit them for the discharge of important duties, the propriety of this qualification will appear. For, it may be confidently affirmed, that, except in rare instances, a person under the age of thirty will not possess that knowledge, that discipline of mind and stability of character suited to the grave position of a Senator of the United States: the duties of that position, as we shall presently see, being of a more important nature and of a wider range than those confided to a Representative.

71. It will be observed that foreigners are eligible

to the Senate after a citizenship of nine years. They become citizens upon naturalization; but they cannot become naturalized until after a previous residence of five years. Thus fourteen years must expire before a foreigner can be elected to the Senate. It will be recollected that he is eligible to the House of Representatives after a citizenship of seven years. The fact that the Senate concur with the executive in making treaties with foreign nations, suggests the reason why a too hasty admission of adopted citizens into that branch of the government might be attended with serious inconvenience, by creating a channel for foreign influence; and also the reason why the qualification, in point of citizenship, is raised higher for the Senate than for the House of Representatives.

72. The only other qualification prescribed for a Senator is, that he must when elected be an inhabitant of the state for which he is chosen. If this qualification be important, as is thought, in order that a Senator, by being an inhabitant of the state for which he is chosen, may have a more intimate knowledge of its wants, and a more sensitive regard to its rights, character, and dignity, it is singular that the Constitution should not have gone further, and required that he should continue an inhabitant of the state during his senatorial term. As it now stands, a Senator may be an inhabitant of the state

for which he is chosen on the day of his election, and cease to be an inhabitant the day after, and yet continue its representative.

73. We have now considered the qualifications attached to the office of a Senator of the United States. These qualifications, it will be observed, are confined to three particulars, and have regard only to age, citizenship, and inhabitancy. First, he must be thirty years of age; secondly, he must have been nine years a citizen of the United States; and, thirdly, he must, when elected, be an inhabitant of the state for which he is chosen.

President of the Senate.

74. The President of the Senate is the Vice-President of the United States; but he has no vote unless the Senators be equally divided. The House of Representatives choose their Speaker from among their own members; but the Vice-President is not a member of the Senate, and is not chosen as their presiding officer by themselves.

75. The reason for this difference is not very obvious but the necessity of providing for the case of a vacancy in the office of President gave rise to the creation of the office of Vice-President, and if he were not to be President of the Senate he would be without employment.

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