mine and declare the election of those officers who are chosen for the county; and a statement of the votes for state officers and others who are voted for in other counties also, or throughout the state, is sent to the state canvassers at the seat of government, who, from the returns from the several counties, determine and declare the election of these officers.

§ 9. In the states of Virginia, Kentucky, Missouri, and Arkansas, voting at popular elections is done openly, or viva voce. Viva voce means literally, living voice. In voting in this manner, the elector pronounces the name of the person for whom he votes.

§ 10. In most of the states, the election of officers is effected by a plurality of votes. An election by plurality is when the person elected has received a higher number of votes than any other. In the six New England states, a majority of all the votes given is required to constitute a choice. The difference between a plurality and a majority is, that when more than two persons are candidates for an office, the highest number of votes given for any of them may be less than a majority. If, for example, out of 1,000 votes given for three candidates, one should receive 450, another 300, and the third the remaining 250 votes, there would be no choice in the states mentioned, because a majority of all the votes can not be less than 501. There are a few exceptions to the majority principle in some of these states, which will be noticed elsewhere.

§ 11. Each of these modes is liable to an objection. Where a simple plurality effects a choice, a candidate may be elected by a very small portion of all the votes given. 1,000 votes may be so divided upon three candidates as to elect one of them by 334 votes. Or one of four candidates may be elected by 251 votes; in which case the person elected might represent the wishes and interests of but a small portion of the people of his district. The objection to the other mode is, that when no person receives a majority of all the votes, a new election must be held. Sometimes numerous unsuccessful trials are made before a choice is effected; thus subjecting the electors to much inconvenience. Cases have occurred in which districts of people have been for a time without a representative in the state or national legislature.

EXERCISES.

§ 1. How often are elections held in the states? When are they usually held? When are elections held in this state? § 2. By whom are elections usually conducted? What officers conduct the elections in this state? and what are they severally called?

§ 3. What duty is performed by the clerks? Define poll. §4. Describe the process of voting?

§ 5. If a person's right to vote is questioned, what is necessary in order to his being allowed to vote?

§ 6. How is illegal voting guarded against in the New England states? What oath do electors take?

§ 7. Describe the manner of canvassing the votes, and of determining, certifying, and declaring the result of the election.

§ 8. How and where is the election of county and state officers ascertained? Can you tell who constitute the board of county canvassers, and that of state canvassers, in this state?

§ 9. In what states is voting done viva voce? How is it done?

§ 10. State the difference between election by plurality and election by majority. Give an example. Which mode prevails in this state? In what states does the other mode prevail?

§ 11. Do you see any objection to either of these modes ? State the objections. Which do you consider the preferable mode?

CHAPTER X.

Of the Legislature.

§ 1. THE legislative or law-making power of every state in the Union, is composed of two houses, a senate and house of representatives. The senate, as well as the other house, is a representative body, its members being elected by the people to represent them. The reasons why the lower house is usually denominated the "house of representatives," are probably these: first, its members are, in nearly all the states, elected for shorter terms than senators; secondly, it is the more numerous body, the number of its members being from two to four times greater than the number of senators, and consequently representing smaller districts; hence, they may be considered as more fully and more immediately representing the people.

§2. Representatives are, in most of the states, elected annually. Senators also are chosen annually in the New England states and Georgia. In other states, they are elected for terms of two, three or four years, and in one state, Maryland, for the term of six years. In states in which senators are elected for longer terms than one year, the senators are not all elected at the same time. They are divided into different classes, those of one class going out of office one year, and another class another year; so that only a part of the senators are elected every year, or every two, three, or four years. They are so elected in the states of Ohio, Pennsylvania, and Kentucky. In New York and a few other states, the senators are not thus classified.

§ 3. The senate is sometimes called, by way of distinction, the upper house, being a more select body, composed of men generally chosen with reference to their superior ability and their greater experience in public affairs.

§ 4. Senators are differently apportioned in different states. In some of the states, they are apportioned among the seyeral counties in such manner as the constitution prescribes. In others they are elected by districts, the state being divi

ded into as many districts as there are senators, and one senator to be elected in each, as at present in New York. In a few of the states, the senatorial districts are unequal in their size and population; so that more senators are chosen in some districts than in others.

§ 5. Representatives are, in most of the states, apportioned, as nearly as may be,samong the several counties, according to the number of inhabitants in each county. This mode of apportionment may be thus illustrated: The state of New York contained, according to the enumeration of its inhabitants in 1845, a representative population of 2,399,548, exclusive of aliens, paupers, and all persons of color who do not pay taxes; these several classes not being taken into account in making the apportionment. This number being divided by 128, the number of representatives in the assembly, gives 18,746 as the number of inhabitants entitled to a representative. As many times, therefore, as this number is contained in the number of inhabitants in each county, to so many representatives is the county entitled.

§ 6. In the New England states, the representatives are apportioned among the several towns of the state. The rules, however, by which the apportionment is made, are not the same in all of these states. These rules will be found in another part of this work. (See synopsis of the State Constitutions).

§ 7. In the states of New York and South Carolina, representatives are elected by districts. By the constitution of New York, adopted in 1846, the representatives are apportioned among the several counties in the manner prescribed in a preceding section; and the counties entitled to more than one representative are divided into as many districts as they have representatives; the districts to contain, as nearly as may be, an equal number of inhabitants, and a representative to be elected in each district.

§ 8. There are always some counties or districts in which the population increases more rapidly than in others, so that of two counties containing nearly an equal number of inhabitants when an apportionment of representatives is made, the population of one of them may, a few years thereafter, be double that of the other. The county having then so much

the more numerous population, will be entitled to a greater number of representatives.

§ 9. It is therefore provided by the constitution, that, at the end of certain periods, the inhabitants of the state shall be numbered, and a new apportionment of senators and representatives made, according to such enumeration, so that each county and district may have its just proportion of senators and representatives. The periods of time between the enumerations are not the same in all the states, varying from

four to ten years. An enumeration of the people is usually called census, which, among the Romans, meant the valuation of a man's estate, and the registering of himself and his family.

§ 10. Not every qualified voter may be elected a member of the legislature, except in the state of New York, and perhaps a few others. To be eligible to the office of senator or representative, the constitution requires that a person shall have resided in the state for a certain term of years. In most of the states senators, and in a few of them representatives, must be of greater age than twenty-one years; and in some of them they are also required to be freeholders.

§ 11. If a senator dies, or resigns his office, before the term expires for which he has been elected, the vacancy is filled by the election of another person at the next election of senators, or in such other manner as the constitution may provide. But the person chosen to fill a vacancy, holds the office only for the remainder of the term of him in whose stead he was chosen. Where senators are elected to serve but for a single session, as is the case where they are chosen annually, no provision to fill a vacancy seems to be necessary.

EXERCISES.

§ 1. Are both branches of a state legislature representative bodies? Why then is one of them styled "house of representatives?"

§ 2. For what periods or terms of time are senators and representatives usually elected? How are senators classified in some states; and for what purpose? Are they so divided