Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/208

then, that the different manners, habits, institutions, and other circumstances of a society, may admit, if they do not require, many different modifications of its legislative department, without danger to liberty on the one hand, or gross imbecility on the other. There are many guards and checks, which are silently in operation, to fortify the benefits, or to retard the mischiefs of an imperfect system. In the choice of organizations, it may be affirmed, that that is on the whole best, which secures in practice the most zeal, experience, skill, and fidelity in the discharge of the legislative functions. The example of Maryland is perhaps more striking and instructive, than any one, which has been brought under review; for it is more at variance with all the objections raised against the national senate. In Maryland, the senate is not only chosen for five years; but it possesses the exclusive right to fill all vacancies in its own body, and has no rotation during the term.^[1] What a fruitful source might not this be of theoretical objections, and colourable alarms, for the safety of the public liberties! Yet, Maryland continues to enjoy all the blessings of good government, and rational freedom, without molestation, and without dread. If examples are sought from antiquity, the illustrations are not less striking. In Sparta, the ephori, the annual representatives of the people, were found an over-match for a senate for life; continually gaining authority; and finally drawing all power into their own hands. The tribunes of Rome, who were the representatives of the people, prevailed, in almost every contest, with the senate for life; and in the end gained a complete triumph over it, notwithstanding unanimity

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1. The Federalist, No. 63.