Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/213

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CH. X.]
THE SENATE.
205

ator, who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state, for which he shall be chosen." As the nature of the duties of a senator require more experience, knowledge, and stability of character, than those of a representative, the qualification in point of age is raised. A person may be a representative at twenty-five; but he cannot be a senator until thirty. A similar qualification of age was required of the members of the Roman senate.[1] It would have been a somewhat singular anomaly in the history of free governments, to have found persons actually exercising the highest functions of government, who, in some enlightened and polished countries, would not be deemed to have arrived at an age sufficiently mature to be entitled to all the private and municipal privileges of manhood. In Rome persons were not deemed at full age until twenty-five; and that continues to be the rule in France, and Holland, and other civil law countries; and in France, by the old law, in regard to marriage full age was not attained until thirty.[2] It has since been varied, and the term diminished.[3]

§ 727. The age of senators was fixed in the constitution at first by a vote of seven states against four; and finally, by an unanimous vote.[4] Perhaps no one, in our day, is disposed to question the propriety of this limitation; and it is, therefore, useless to discuss a point, which is so purely speculative. If counsels are to be wise, the ardour, and impetuosity, and confi-
  1. 1 Kent's Comm. Lect. 11, p. 214.
  2. 1 Black. Comm. 463, 464.
  3. Code Civil, art. 388.
  4. Journ. of Convention, 118, 147.