Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/190

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182
CONSTITUTION OF THE U. STATES.
[BOOK III.

ganization, is well adopted to the exigencies of the nation; but that it is a most important and valuable part of the system, and the real balance-wheel, which adjusts, and regulates its movements.[1] The other auxiliary provisions in the same clause, as to the mode of appointment and duration of office, will be found to conduce very largely to the same beneficial end.[2]

§ 701. Secondly; the mode of appointment of the senators. They are to be chosen by the legislature of each state. Three schemes presented themselves, as to the mode of appointment; one was by the legislature of each state; another was by the people thereof; and a third was by the other branch of the national legislature, either directly, or out of a select nomination. The last scheme was proposed in the convention, in what was called the Virginia scheme, one of the resolutions, declaring, "that the members of the second branch (the senate) ought to be elected by those of the first (the house of representatives) out of a proper number nominated by the individual legislatures" (of the states.) It met, however, with no decided support, and was negatived, no state voting in its favour, nine states voting against it, and one being divided.[3] The second scheme, of an election by the people in districts, or otherwise, seems to have met with as little favour.[4] The first scheme, that of an election by the legislature, finally prevailed by an unanimous vote.[5]


  1. 2 Wilson's Law Lect. 148.
  2. The Federalist, No. 62.
  3. See Mr. Randolph's fifth Resolution, Journ. of Convention, 67, 86; Yates's Minutes, 4 Elliot's Debates, 58, 59.
  4. Journ. of Convention, 105, 106, 130; Yates's Minutes, 4 Elliot's Debates, 58, 59, 63, 64, 99 to 103.
  5. Journ. of Convention, 105, 106, 147, 207, 217, 238; Yates's Minutes, 4 Elliot's Debates, 63, 64.