Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/332

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CONSTITUTION OF THE U. STATES.
[BOOK III.

states too often were operated upon by local considerations, as contradistinguished from general and national interests.[1]

§ 855. The only practical question, which seems to have been farther open upon this head, is, whether the compensation should have been ascertained by the constitution itself, or left, (as it now is,) to be ascertained from time to time by congress. If fixed by the constitution, it might, from the change of the value of money, and the modes of life, have become too low, and utterly inadequate. Or it might have become too high in consequence of serious changes in the prosperity of the nation.[2] It is wisest, therefore, to have it left, where it is, to be decided by congress from time to time, according to their own sense of justice, and a large view of the national resources. There is no danger, that it will ever become excessive, without exciting general discontent, and then it will soon be changed from the reaction of public opinion. The danger rather is, that public opinion will become too sensitive upon this subject; and refuse to allow any addition to what may be at the time a very moderate allowance. In the actual practice of the government, this subject has rarely been stirred without producing violent excitements at the elections. This alone is sufficient to establish the safety of the actual exercise of the power by the bodies, with which it is lodged, both in the state and national legislatures.[3] It is proper, however, to add, that the omission to provide some constitutional mode of fixing the pay of members of congress, without leaving the subject to their discretion, formed in some minds a strong objection to the constitution.[4]


  1. 2 Elliot's Debates, 279; 1 Elliot's Debates, 70, 71.
  2. 2 Elliot's Debates, 279, 280, 281, 282.
  3. 1 Elliot's Debates, 70, 71.
  4. See Gov. Randolph's Letter; 3 Amer. Mus. 62, 70.