Studies in Civics Part 59

4. The next step in the process is the issuance of calls by the several state committees. These are issued as soon as practicable after that of the national committee, and usually appoint the state convention for the latter part of May.

5. In some states all of the delegates to the national convention are chosen by the state convention. But the number of states is increasing, and properly so, in which each congressional district chooses its own two delegates, leaving only the four "delegates at large" to be chosen by the state convention. In these states, the next step is the call of the district committee for a convention slightly antedating that of the state.

6. As soon as practicable after the district call is announced, the several county committees issue their call for county conventions, to be held shortly before the district convention.

7. Lastly, the local committees issue their calls, usually giving a week or ten days' notice. The local convention is called a "caucus."

8. Then in succession the local, county, district, state, and national conventions are held. The caucuses send representatives to the county conventions, which in turn choose the deputations to the district and state conventions, and these finally select the delegates to the national convention. An equal number of "alternates" are chosen at the same time.

The state convention also names the presidential electors to be supported by the party.

Thus the national convention is the first to be called and the last to be held, while the caucuses are the last to be called and the first to be held. The caucuses are the real battling-place for the people.

The delegates from each convention receive certificates of election signed by the chairman and secretary thereof. These "credentials" are given to prevent fraud, and const.i.tute the delegates' t.i.tle to seats in the convention to which they are sent.

The first step taken in the national convention, after securing a "temporary organization," is the appointment of a committee on credentials and another on permanent organization, by the temporary chairman. When the former committee reports, it is known who are ent.i.tled to partic.i.p.ate in the proceedings; and when the latter committee reports, the convention almost invariably adopts the report and thereby perfects its organization.

A committee on rules and one on platform are then appointed.

The states are then called in alphabetical order, and each one that cares to, presents to the convention the name of her "favorite son." Thus in the republican convention of 1860, when Illinois was called, the name of Abraham Lincoln was presented; and when New York was called, the name of William H. Seward was presented, and so on.

When the "roll of the states" is completed, the balloting begins. In the republican convention, nomination is by majority vote; in the democratic, it takes a two-thirds vote to nominate.

The vice-president is then nominated in a similar manner.

After adopting a platform the convention adjourns.

HOW CONGRESS IS ORGANIZED. [Footnote: See also Among the Lawmakers, chapter III. ]

Though the senate is quite a permanent body, two-thirds of its members holding over from one congress to another, its committees are reorganized at the beginning of each congress.

The terms of all members of the house of representatives expire March 4 of the odd-numbered years, and, though many of the old members are re-elected, the house must be reorganized at the beginning of each congress. The mode of organizing the house is briefly as follows:

1. At the first session, the house is called to order by the clerk of the preceding house, who then calls the roll of members-elect [Footnote: The members-elect have previously sent him their certificates of election, received from the state canva.s.sing board.] by states. If a quorum is found to be present, the clerk declares it to be in order to proceed to the election of a speaker. The vote is _viva voce_ on the call of the roll, each member when his name is called p.r.o.nouncing the name of his choice for speaker. Election is by majority of the votes given. The result is declared by the clerk, who "then designates two members (usually of different politics, and from the number of those voted for as speaker) to conduct the speaker-elect to the chair; and also one member (usually that one who has been longest in continuous service a member of the house) to administer to him the oath required by the const.i.tution." [Footnote: Manual of the House of Representatives.]

The speaker then administers the oath to the members, in groups of about forty, all standing in line before the speaker's desk.

3. The organization is completed by the election of a clerk, a sergeant-at-arms; a doorkeeper, a postmaster, and a chaplain. The vote is _viva voce_, and the term is "until their successors are chosen and qualified"--usually about two years, though all are subject to removal at the will of the house.

The delegates from the territories are then sworn in.

"At this stage it is usual for the house to adopt an order that a message be sent to the senate to inform that body that a quorum of the house of representatives has a.s.sembled, and that --------, one of the representatives from the state of ----, has been elected speaker, and ----- ---, a citizen of the state of ---, has been chosen clerk, and that the house is now ready to proceed to business." [Footnote: Manual of the House of Representatives.]

Each house then orders a committee of three members to be appointed, the joint committee "to wait upon the president of the United States and inform him that a quorum of the two houses has a.s.sembled, and that congress is ready to receive any communication he may be pleased to make."

[Footnote: Manual of the House of Representatives.] It is in order then for the president to forward his message to congress.

The above are the _usual_ proceedings, and they generally occur on the first day of the session.

The seating of the members is by lot, except in the case of certain members privileged by very long experience or otherwise, who are by courtesy permitted to make the first selection. Each member is numbered, and corresponding numbers are placed in a box "and thoroughly intermingled." Then the numbers are drawn from the box successively by a page, the member whose number is drawn first having first choice of seat, and so on. This may be done while the committees are waiting on the president, as above described.

HOW CONTESTED ELECTIONS ARE SETTLED.

"Each house shall be the judge of the elections, returns, and qualifications of its own members."--Const.i.tution, I., 5, 5.

A contested election resembles very much in its mode of settlement the trial of a civil suit.

1. Within thirty days after the result of the election is made known, the contestant must serve upon the person declared elected by the canva.s.sing board a notice of intention to contest his seat, and the grounds therefor.

2. Within thirty days of receiving said notice, the member-elect must answer it, stating specifically the grounds of his defense, and must serve a copy of this answer upon the contestant.

3. Ninety days are then allowed for the taking of testimony--the first forty to the contestant, the second forty to the member-elect, and the remaining ten to the contestant for testimony in reb.u.t.tal.

Testimony may be taken before any United States, state or munic.i.p.al judge, notary public, or by two justices of the peace. The opposite party must have due notice of the times and places of taking the evidence; but testimony may be taken at several places at the same time. The witnesses are summoned by subpoena served in the usual way. The examination of the witnesses is by the officer issuing the subpoena, but either party may propose questions. The questions and answers are committed to writing, and authenticated.

All the papers in each case, certified, carefully sealed, and the envelopes indorsed with name of the case, are sent by mail to Washington, addressed to the clerk of the house in which is the contested seat.

The matter is referred to the committee on elections. [Footnote: This is the oldest of all the committees, having been established at the beginning of the first congress.] This committee having carefully considered the matter may bring in its report at any time, this being what is known as a "privileged question." The decision is by majority vote of the house interested.

In the meantime the person who has obtained the certificate of election from the state canva.s.sing board is presumed to have been elected, and is treated accordingly.

In order that lack of means may not compel a man to submit to a wrong, and that the real will of the congressional district as expressed in the election may be ascertained, the contestant may be allowed not to exceed two thousand dollars for expenses.

HOW AN IMPEACHMENT CASE IS CONDUCTED.

"The house of representatives ... shall have the sole power of impeachment."--Const.i.tution I. 2: 9.

"The senate shall have the sole power to try all impeachments.'--Ib., I. 3: 6.

"The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."--Ib., II. 4: 17.

The house, having resolved that a certain civil officer be impeached, orders that a committee be appointed to notify the senate of the fact; and to state that "the house of representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same;"

and to demand that the senate prepare to try the impeachment.

The house then, on motion, appoints a committee (usually of five members) to prepare carefully the articles of impeachment. [Footnote: This corresponds to the indictment of a grand jury.] The report of this committee, having been considered in committee of the whole, is reported to the house, with such amendments as seem necessary. If the report is agreed to by the house, a committee of five "managers" is appointed to conduct the impeachment on the part of the house.

The senate is then notified by the clerk of the house, that the managers, naming them, have been appointed, and that the articles of impeachment are ready to be exhibited.

The senate having appointed the time when it would resolve itself into a court of impeachment notifies the house. At the appointed time the managers carry the articles to the senate, and on their return report to the house.

The senate then issues a summons to the defendant, ordering him to file his answer with the secretary of the senate by a certain day.

On the day appointed, the house, having resolved itself into committee of the whole, attends the trial in the senate chamber. The next day the house attends similarly, if a reply is to be made to the defendant's answer.

During the taking of the testimony only the managers attend, the house devoting itself to its regular business. When the case is ready for argument, the house attends daily, as committee of the whole.

The report of the final action of the senate is made to the house by the chairman of the committee of the whole.

In an impeachment trial the senate is both judge and jury. But, for convenience, the functions of judge are usually performed by the president of the court of impeachment; and a senator may be called upon to testify.