In the first place, as a basis for the argument on which its present structure rests, it is to be assumed as granted that a second branch or Upper House of legislature will be "a salutary check" upon the Lower. the Lower. And as this check will be effectual" in proportion to the dissimilarity in the genius of the two bodies, it must be politic to distinguish them by every circumstance" consistent with the principles on which the Government is founded.*

Secondly, the necessity of a Senate being indicated" by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions," examples of which "might be cited without number from proceedings in the United States, as well as from the history of other nations," it was essential "that a body to correct that infirmity should be less numerous, and should possess a due degree of firmness, and a proper tenure of office."+ + § 563.

* § 562.

Thirdly, "another defect to be supplied by a Senate, was the want of a due acquaintance" with the objects and principles of legislation, which was often manifested by the Lower Houses of the American legislatures; leading to the adoption of unwise and ill-considered measures which frequently required to be repealed, explained, or amended.*

Fourthly, "such a body would prevent too great a mutability in the public councils, arising from a rapid succession of new members." "Such instability has a tendency to diminish respect and confidence," "to damp the ardour of enterprise, to diminish the security of property, and to impair the reverence and attachment which are indispensable to the permanence of every political institution."+

Fifthly, a Senate would be greatly instrumental" in keeping alive a due sense of national character," by a scrupulous and uniform adherence to just principles, "" which it is difficult to impress upon a single body that is numerous and changeable." Sixthly, a Senate will more effectually main+ § 565. § 566.

* § 564.

tain "the due responsibility in the Government," which is apt to be endangered by the frequency of the elections of the Lower House. The members of the Senate being less liable to change, will feel a greater degree of personal responsibility, and contribute to keep up the connected chain of legislation which is essential to the public welfare.*

the

Lastly, "a Senate duly constituted would not only operate as a salutary check upon House of Representatives, but occasionally upon the people themselves, against their own temporary delusions and errors." In times of excitement, when the public may be "stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men," . . . " how salutary will be the interference of a body of respectable citizens, chosen without reference to the exciting cause, to check the misguided career of public opinion, and to suspend the blow, until reason, justice, and truth can regain their authority over the public mind."+

The Senate of the United States is composed

of two senators from each State, chosen by the legislature thereof for six years (sect. 3 of the Constitution, clause 1); and by clause 2, one-third of the Senate is renewed every second year.

The fact of the senators being the representatives of the several States in their individual and independent capacities, is of importance, "in the great difference it creates in the elements of the two branches of the legislature, not unlike the different organisations of the House of Commons and the House of Lords in Great Britain."* The members of the House of Representatives of the United States are chosen in reference to population; those of the Senate " represent the voice, not of a district, but of a State," and a more enlarged view of the interests, not only of their own State, but of the whole Union of States, is expected of them. They will, therefore, be more likely to impose a salutary impediment to the multiplication of bad laws. They may, indeed, occasionally stop the progress of good

E

ones.

"But," says Mr. Justice Story, "a

good law had better occasionally fail, rather than bad laws be multiplied with a heedless and mischievous frequency. Even reforms, to be safe, must, in general, be slow; and there can be little danger that public opinion will not sufficiently stimulate all public bodies to changes which are at once desirable and politic. All experience proves that the human mind is more eager and restless for changes than tranquil and satisfied with existing institutions."*

"And it has been demonstrated that the Senate, in its actual organisation, is well adapted to the exigencies of the nation; that it is a most important and valuable part of the system, and the real balance-wheel which adjusts and regulates its movements.Ӡ

The argument for the actual number of which the Senate is composed is stated to be, "that it is indispensable that it should consist of a number sufficiently large to ensure a sufficient variety of talents, experience, and practical skill, for the discharge of all their duties. + § 702.

*

§ 701.