Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/209

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CH. X.]
THE SENATE.
201

among the tribunes was indispensable. This tact proves the irresistible force possessed by that branch of the government, which represents the popular will.[1]

§ 720. Considering, then, the various functions of the senate, the qualifications of skill, experience, and information, which are required to discharge them, and the importance of interposing, not a nominal, but a real check, in order to guard the states from usurpations upon their authority, and the people from becoming the victims of violent paroxysms in legislation; the term of six years would seem to hit the just medium between a duration of office, which would too much resist, and a like duration, which would too much invite those changes of policy, foreign and domestic, which the best interests of the country may require to be deliberately weighed, and gradually introduced. If the state governments are found tranquil, and prosperous, and safe, with a senate of two, three, four, and five years' duration, it would seem impossible for the Union to be in danger from a term of service of six years.[2]

§ 721. But, as if to make assurance doubly sure, and take a bond of fate, in order to quiet the last lingering scruples of jealousy, the succeeding clause of the constitution has interposed an intermediate change in the elements of the body, which would seem to make it absolutely above exception, if reason, and not fear, is to prevail; and if government is to be a reality, and not a vision.

§ 722. It declares,
Immediately after they (the senators) shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of

  1. The Federalist, No. 63; id. No. 34.
  2. 1 Elliot's Deb. 64 to 66; id. 91; 1 Kent's Comm. Lect. 11, p. 212, 213.

vol. ii.26