Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/191

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CH. X.]
THE SENATE.
183
§ 702. The reasoning, by which this mode of appointment was supported, does not appear at large in any contemporary debates. But it may be gathered from the imperfect lights left us, that the main grounds were, that it would immediately connect the state governments with the national government, and thus harmonize the whole into one universal system; that it would introduce a powerful check upon rash legislation, in a manner not unlike that created by the different organizations of the house of commons, and the house of lords in Great Britain; and that it would increase public confidence by securing the national government from undue encroachments on the powders of the states.[1] The Federalist notices the subject in the following brief and summary manner, which at once establishes the general consent to the arrangement, and the few objections, to which it was supposed to be obnoxious.
It is unnecessary to dilate on the appointment of senators by the state legislatures. Among the various modes, which might have been devised for constituting this branch of the government, that which has been proposed by the convention is probably the most congenial with the public opinion. It is recommended by the double advantage of favouring a select appointment, and of giving to the state governments such an agency in the formation of the federal government, as must secure the authority of the former, and may form a convenient link between the two systems.[2]
This is very subdued praise; and indicates more doubts, than experience has, as yet, justified.[3]

  1. Yates's Minutes, 4 Elliot's Debates, 62, 63, 64; 3 Elliot's Debates, 49.
  2. The Federalist, No. 62, 27; 1 Kent's Comm. Lect. 11, p. 211.
  3. See also The Federalist, No. 27.