the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year, so that one third may be chosen every second year.
A proposition was made in the convention, that the senators should be chosen for nine years, one third to go out biennially, and was lost, three states voting in the affirmative, and eight in the negative; and then the present limitation was adopted by a vote of seven states against four.[1] Here, then, is a clause, which, without impairing the efficiency of the senate for the discharge of its high functions, gradually changes its members, and introduces a biennial appeal to the states, which must for ever prohibit any permanent combination for sinister purposes. No person would probably propose a less duration of office for the senate, than double the period of the house. In effect, this provision changes the composition of two thirds of that body within that period.[2]
§ 723. And here, again, it is proper to remark, that experience has established the fact beyond all controversy, that the term of the senate is not too long, either for its own security, or that of the states. The reasoning of those exalted minds, which framed the constitution, has been fully realized in practice. While the house of representatives has gone on increasing, and deepening its influence with the people with an irresistible power, the senate has, at all times, felt the im-
↑Journ. of Convention, 26th June, 1787, p. 149; Yates's Minutes, 4 Elliot's Debates, 103 to 106.
↑1 Elliot's Deb. 64 to 66; id. 91, 92; 1 Kent's Comm. Lect. 11, p. 213, 214.—A power to recall the senators was proposed as an amendment in some of the state conventions; but it does not seem to have obtained general favour.[a 1] Many potent reasons might be urged against it.
↑1 Elliot's Debates, 257, 258 to 264, 265 to 272; 3 Elliot's Debates, 303.
