The legislative power alone, for its enlightened and prudent exercise, requires no small share of patriotism, knowledge, and ability. In proportion to the extent and variety of the labours of legislation, there should be members who should share them, in order that there may be a punctual and perfect performance of them."* And a comparison between their number and that of the House of Lords, strengthens the conclusion that the number of members composing the Senate is neither too great nor too few for the adequate discharge of their duties.

The reasons for the duration of the term of the office of senator for six years were, "that a deep-felt responsibility is incompatible with great frequency of elections. Men can feel little interest in power which slips away almost as soon as it is grasped, and in measures which they can scarcely do more than begin, without hoping to perfect."+ The arguments in favour of the duration of the legislative office generally "may be urged with increased

force in regard to the Senate." It is observed that some of the wisest statesmen of America have not scrupled to assert that in some of their legislative assemblies there has been exhibited a marked deficiency in the knowledge of the means by which the real interests and welfare of a people are promoted. "It is utterly impossible for any assembly of men, called for the most part from the pursuits of private life, continued in employment for a short time, and led by no permanent motive to devote the intervals of public occupation to the study of the nature and operations of Government, to escape from the commission of many errors in the discharge of their legislative functions. In proportion to the extent and variety of those functions, to the national interests which they involve, and the national duties which they imply, ought to rise the intellectual qualifications and solid attainments of the members." A well-constituted Senate, therefore, "would be incalculably increased in value, by making its term of office such that, with moderate industry, talents, and devotion

to the public service, its members could scarcely fail of having the reasonable information which would guard them against gross errors, and enable them to resist visionary speculations and popular excitements,"* while gave them the motives and the power to act upon their own convictions.

it

This argument for the duration of the office of senator is of peculiar force in the United States, where, according to Mr. Justice Story, "it is a known fact in the history of the individual States, that every new election (which now in most of the States takes place annually, in others every two years) changes nearly, if not quite, one-half of their representatives; and in the national Government, changes less frequent or less numerous can scarcely be expected. From this change of men there must unavoidably arise a change of opinions; and with this change of opinions a correspondent change of measures."+ How much this must interfere with both public and private interests may be readily conceived, and is, in * §§ 713, 714.

+ § 715.

point of fact, very often most inconveniently felt in the common transactions of business. This instability of the public councils gives an unreasonable advantage" to all those persons in the community who are always ready to prey upon the wants of others," and generates the worst passions of selfishness, and the worst spirit of gaming." It also "impairs the respect and confidence of foreign nations," and

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exposes the whole policy of a State to be counteracted by the wiser and more stable policy of its rivals."*

A fear arose when the proposition to appoint the Senate for six years was about to be introduced into the Constitution, that by this duration of office "they would gradually acquire a dangerous pre-eminence, and eventually transform themselves into an aristocracy." To quiet such fears, though held by the best authorities of the time to be unfounded, the provision was added, that one-third of the seats should be vacated every two years, thus creating "a biennial appeal to the States," as regards one

third of the number composing the Senate, "which must for ever prohibit any permanent combination for sinister purposes," without, it is thought, "impairing its efficiency for the discharge of its high functions."*

The legal qualifications of a senator are— that he must be thirty years of age, have been nine years a citizen of the United States, and be, when elected, an inhabitant of the State for which he is chosen. On these points there is no need to remark further, than that the legal age for a representative being twentyfive (four years only beyond the age of legal qualification for a seat in the House of Commons), a member of the Senate of the United States may still, before the age of thirty, have acquired five years' experience in his legislative duties, if it had been his fortune to have been first elected a representative. Perhaps, also, reasons of prudence, in a country like the United States, where the ordinary education of youth ends much earlier than with us, may

* §§ 718. 724. + Section 3 of the Constitution, clause 3. Section 2, clause 2.