Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/189

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CH. X.]
THE SENATE.
181

a majority of the states. The interest, and passions, and prejudices of a district are thus checked by the influence of a whole state; the like interests, and passions, and prejudices of a state, or of a majority of the states, are met and controlled by the voice of the people of the nation.[1] It may be thought, that this complicated system of checks may operate, in some instances, injuriously, as well as beneficially. But if it should occasionally work inequally, or injuriously, its general operation will be salutary and useful.[2] The disease most incident to free governments is the facility and excess of law-making;[3] and while it never can be the permanent interest of either branch to interpose any undue restraint upon the exercise of all fit legislation, 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. Besides; the large states will always be able, by their power over the supplies, to defeat any unreasonable exertions of this prerogative by the smaller states.

§ 700. This reasoning, which theoretically seems entitled to great weight, has, in the progress of the government, been fully realized. It has not only been demonstrated, that the senate, in its actual or-
  1. The Federalist, No. 27.
  2. The Federalist, No. 62; Yates's Minutes, 4 Elliot's Debates, 63, 64; 2 Wilson's Law Lect. 146, 147, 148.
  3. The Federalist, No. 62; 1 Kent's Comm. Lect. 11, p. 212, 213.