and another three years. The remaining fourth only would serve a whole term of four years. By turning to the constitution, (Art. 1, § 5,) it may be seen how it was determined which of the senators should hold for one year, and which for two, three, and four years.

§ 4. It often happens that some senators resign their offices, and sometimes they die before the term expires for which they were elected. In such cases it becomes necessary to choose two or more in a district; one to fill the regular vacancy caused by the expiration of the term of service of one senator, and one or more to supply the places of those whose seats have become vacant by death or by resignation. But which of the persons so elected shall fill the regular vacancy for four years, and which of them shall serve only for the unexpired term of those who have died or resigned, must be stated on the ballots at the time of voting.

§5. The assembly consists of one hundred and twentyeight members, all to be chosen every year. They are apportioned among the several counties, as nearly as may be, according to the number of inhabitants in each. For example, the state contained in 1835, when the last state census was taken, about 2,000,000 of inhabitants entitled to be represented, or between 15,000 and 16,000 to every member of assembly. The county of Cayuga, having upwards of 48,000 such inhabitants, is entitled to three members. The city and county of New-York, having about one tenth of all the representative population of the state, is entitled to thirteen members. Yates with about 20,000 inhabitants, has but one member.

§ 6. But it happens sometimes that the population increases more rapidly in one county than in another: the representation then becomes unequal or disproportionate. Suppose two counties to contain so nearly an equal number of inhabitants as to entitle each to two members; and suppose also that a few years hence the population in one shall have doubled, while in the other shall have been no increase. The representation then becomes disproportionate; the former having one senator in each district elected every year. 4. In what cases must more than one be elected? How is it determined which shall hold four years? 5. How many members of assembly? For what term chosen? How apportioned among the counties? 6. What sometimes makes the

only the same number of representatives, while the latter has but half as many inhabitants.

§7. It is provided, therefore, by the constitution, that at the end of every ten years an enumeration of the inhabitants shall be taken, and a new apportionment of members made, according to such enumeration or numbering, so that each county may have a just proportion or share of the representatives in the assembly. And if the senate districts become unequal in their population, they also must be so altered as to give to each, as nearly as may be, an equal number of inhabitants.

§ 8. The first division of the state into senate districts, was made by the constitution itself. (Art. 1, § 5.) But as two alterations have been made since the constitution went into effect, the districts are very different from what they were at the time of their first formation. And after 1845, in which year another enumeration will be taken, another alteration of senate districts will become necessary.

CHAPTER VIII.

Organization of the Legislature; Privileges of Members; Appointment of its officers, &c.

§ 1. THE legislature, composed of the senate and assembly, meets, as required by the constitution, on the first, Tuesday of January in every year, for the purpose of considering the condition of the state, and of enacting such laws, as may be necessary to promote the welfare of the people. The place of meeting is the city of Albany, which is therefore called the capital of the state. A large and commodious building has there been erected for the legislature to meet in, which is called the capitol.

§ 2. The two houses having assembled, each in its own chamber, every member of assembly, and every new senator,

representation of counties unequal? Explain this. 7. How often, and how is this inequality removed? 8. What is said about the senate districts in this section?

1. When and where does the legislature meet? 2. What is required

is required, before proceeding to business, to take the oath of office, by which he solemnly swears, that he will support the constitution of the United States, and the constitution of the state of New-York; and that he will faithfully discharge the duties of his office according to the best of his ability.

§ 3. All persons elected to important public offices are required to take such oath. (Cons. Art. 6.) An oath is a solemn declaration, in which the person appeals to God to bear witness to the truth of what he declares. Oaths are required, because it is presumed that a person will feel a stronger obligation to do right when under oath than he otherwise would do. And yet it is to be deeply regretted that many public officers, even under the obligation of an oath, discharge their duties very unfaithfully. It is impor tant, therefore, that the people choose good men for office, who will be sure to act honestly.

§ 4. As it would be improper that a small number of the members should make laws, the constitution provides that a majority of the members of each house shall constitute a quorum to do business. Quorum means such number of any body of officers as may transact business. As majority means more than one half, any number of members more than one half may act. While a very small number ought not to constitute a quorum, it would be equally improper to require all, or nearly all, the members to be present in order to do business, as it often happens that a considerable number of them are necessarily absent.

§ 5. Every legislative body must have some rules and order of doing business. The constitution allows each house to determine the rules of its own proceedings; but that the public may know what business is done, each house is required to keep a journal of its proceedings, and to publish the same, except such parts as ought to be kept secret. And that any person wishing, may witness its proceedings, the doors of each house must be kept open, except when the public welfare requires secrecy.

§ 6. In order to prevent any injury or interruption to the public business, it has been provided by law of the legislature,

of members before proceeding to business? 3. What is an oath? Why is it required? 4. How many members constitute a quorum? What is quorum? $ 5. How are the people informed what business is done? $6

that members may not be arrested on civil process, that is, they may not be prosecuted in suits at law, during their attendance at the meeting of the legislature, except for certain wrong acts or misdemeanors committed by them. And they enjoy this privilege also for fourteen days previous to such meeting, and fourteen days thereafter, that they may have time to go to and to return from each meeting or session of the legislature, without hinderance.

§ 7. The law also provides that each house may expel any of its members, and punish its members and officers for disorderly behavior, by imprisonment. And each house may

also punish other persons as well as its members, for contempt or insult offered to the house; for disorderly conduct tending to interrupt its proceedings; for publishing false and malicious reports of the proceedings, or of the conduct of members; and for sundry other offences.

§8. After the members are sworn into office, the next thing to be done is to appoint the officers of the house. Each house must have a presiding officer, or chairman. In the senate the lieutenant governor acts as such, and is called president of the senate. This body, however, chooses one of its own number to preside when the lieutenant governor shall not attend. The assembly chooses one of its members to preside over the house, who is called the speaker of the assembly.

§9. It is the business of a presiding officer to keep order in the house, and to see that its business is done according to the rules of the house. And when a question is to be decided, he "puts it to vote;" that is, he requests the members to express their minds by "aye" and "no," in favor of or against any measure; and declares the question to be carried or lost, as the case may be. This part of a speaker's business is much the same as that of the chairman or president of the meeting of a society, or of a district school meeting. Probably most boys of the age of ten years have seen how business is conducted in such meetings.

§ 10. Each house also chooses a clerk, to keep the record

What privileges do members enjoy? 7. What power has each house to prevent disorderly behavior? 8 Who presides in the senate? Who in the assembly? How is he chosen? 9. What is the business of a presiding officer $ 10. What other officers are chosen? State the duties of

or journal of its proceedings, and to do such other things as are usually done by the secretary of a meeting; a sergeantat-arms, whose duty it is to arrest members or other persons who are guilty of disorderly conduct, to compel the attendance of absent members, and to do other business of a like nature; also a door-keeper, and one or more assistant doorkeepers. The officers mentioned in this section are not selected from the members of the house, but from the citizens at large.

§ 11. It is usual also for legislative bodies to choose some. clergyman as chaplain, who offers prayer at the opening of each day's session, and performs such other religious services as occasion may require. It has been the practice of the legislature of this state, to invite all the clergymen of the city of Albany to officiate by turn in this capacity.

§ 12. Each house also chooses a printer, who prints a cer tain number of copies (at present 250) of every bill, report, memorial, or other document ordered by either house to be printed. He prints also for distribution a certain number of copies of the journals kept by the clerk of the house for which he is printer. A printer to the legislature must be some other person than the printer to the state. Contracts for the price of legislative printing are made by the president of the senate, the speaker of the assembly and the comptroller.

CHAPTER IX.

How the laws are enacted; the compensation of Members, &c.

§ 1. AFTER the two houses have appointed their officers, each house sends a committee of two of its members to inform the governor that the legislature is ready to do business, and to receive any communication which he has to make. Whereupon the governor sends, by his private secretary, to both houses a message, which is read to each house by its clerk. The governor exhibits in his message, the condition 11. What the duty of a chaplain? 12. What is the business of a printer to the legislature?

each.

1. How is the governor informed that the legislature is ready to do busi