2. Vice-President.
3. Secretary of State.
4. Secretary of the Treasury.
5. Secretary of War.
6. Attorney-General.
7. Postmaster-General.
8. Secretary of the Navy.
9. Secretary of the Interior.
In all cases the remainder of the four-years' term shall be served out.
This act also regulated the counting of the votes of the electors by
Congress, and the determination of who were legally chosen electors.
Note.--The Constitution made no provision in case of a contested
election, or when no one should be elected. Such a contingency seemed to
have been overlooked in the framing of the Constitution.
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 v
|