Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/195

This page has been proofread, but needs to be validated.
CH. X.]
THE SENATE.
187

fare; and none, which calls for higher talents, and more comprehensive attainments, and more untiring industry, and integrity.

§ 706. In the convention there was a considerable diversity of opinion, as to the number, of which the senate should consist, and the apportionment of the number among the states. When the principle of an equality of representation was decided, the only question seems to have been, whether each state should have three, or two members. Three was rejected by a vote of nine states against one; and two inserted by a vote of nine states against one.[1] It does not appear, that any proposition was ever entertained for a less number than two; and the silence of all public discussion on this subject seems to indicate, that the public opinion decidedly adopted the lowest number under the confederation to be the proper number, if an equality of representation was to be admitted into the senate. Whatever may be the future increase of states in the Union, it is scarcely probable, that the number will ever exceed that, which will fit the senate for the best performance of all its exalted functions. The British house of lords, at this moment, probably exceeds any number, which will ever belong to the American senate; and yet, notwithstanding the exaggerated declamation of a few ardent minds, the sober sense of the nation has never felt, that its number was either a burthen, or an infirmity inherent in the constitution.[2]

§ 707. Fourthly; the term of service of the senators. It is for six years; although, as will be present-
  1. Journal of Convention, 23d July, 189. See also id. 156, 162, 175, 178, 180, 198.
  2. See the Remarks quoted in 1 Tucker's Black. Comm. App. 223; 2 Wilson's Law Lect. 150. In 1803 the house of lords was said to be composed of about 220; it now probably exceeds 350.