Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/216

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208
CONSTITUTION OF THE U. STATES.
[BOOK III.

fore, and talent have the freest access open to them into every department of office under the national government. Under such circumstances, if the choice of the people is but directed by a suitable sobriety of judgment, the senate cannot fail of being distinguished for wisdom, for learning, for exalted patriotism, for incorruptible integrity, and for inflexible independence.[1]

§ 731. The next clause of the third section of the first article respects the person, who shall preside in the senate. It declares, that "the Vice President of the United States shall be president of the senate; but shall have no vote, unless they be equally divided;" and the succeeding clause, that "the senate shall choose their other officer's, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States."

§ 732. The original article, as first reported, authorized the senate to choose its own president, and other officers; and this was adopted in the convention.[2] But the same draft authorized the president of the senate, in case of the removal, death, resignation,[3] or disability of the president, to discharge his duties. When at a late period of the convention it was deemed advisable, that there should be a vice president, the propriety of retaining him, as presiding officer of the senate, seems to have met with general favour, eight states voting in the affirmative, and two only in the negative.[4]

§ 733. Some objections have been taken to the appointment of the vice president to preside in the senate. It was suggested in the state conventions,
  1. See The Federalist, No. 27.
  2. Journal of Convention, p. 218, 240.
  3. Ibid., 225, 226.
  4. Journal of Convention, 325, 339.