Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/197

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CH. X.]
THE SENATE.
189

tional limitation, that one third should go out biennially.[1]

§ 708. No inconsiderable array of objections was brought to bear against this prolonged term of service of the senators beyond that fixed for the members of the house of representatives, both in the convention, and before the people, when the constitution was under their advisement.[2] Perhaps some of those objections still linger in the minds of many, who entertain a general jealousy of the powers of the Union; and who easily persuade themselves on that account, that power should frequently change hands in order to prevent corruption and tyranny. The perpetuity of a body (it has been said) is favourable to every stride it may be
  1. Journal of Convention, 67, 72, 118, 130, 147, 148, 149, 207, 217, 238, 353, 373; Yates's Minutes, 4 Elliot's Debates, 70, 71, 103, 104, 105, 106.—Montesquieu seems to have been decidedly of opinion, that a senate ought to be chosen for life, as was the custom at Rome, at Sparta, and even at Athens.[a 1] It is well known, that this was Gen. Hamilton's opinion, or rather his proposition was, that the senators should be chosen to serve during good behaviour. (Journ. of Convention, p. 130; North American Review, Oct. 1827, p 266.) It appears to have been that of Mr. Jay. (North American Review, Oct. 1827, p. 263.) Mr. Madison's original opinion seems to have been, to have a senate chosen for a longer term, than the house of representatives.[a 2] But in the convention, it is said, that he was favourably inclined to Mr. Hamilton's plan.[a 3] In a question of so much difficulty and delicacy, as the due formation of a government, it is not at all surprising, that such opinions should have been held by them, and many others of the purest and most enlightened patriots. They wished durability and success to a republican government, and were, therefore, urgent to secure it against the imbecility resulting from what they deemed too frequent changes in the administration of its powers. To hold such opinions was not then deemed a just matter of reproach, though from the practical operations of the constitution they may now be deemed unsound.
  2. 2 American Museum, 547.
  1. Montesquieu's Spirit of Laws, B. 5. ch. 7.
  2. North American Review, Oct. 1827, p. 265.
  3. 2 Pitkin's Hist. 259, note.