§ 568. It will be observed, that some parts of the foregoing reasoning apply to the fundamental importance of an actual division of the legislative power; and other parts to the true principles, upon which that division should be subsequently organized, in order to give full effect to the constitutional check. Some parts go to show the value of a senate; and others, what should be its structure, in order to ensure wisdom, experience, fidelity, and dignity in its members. All of it, however, instructs us, that, in order to give it fair play and influence, as a co-ordinate branch of government, it ought to be less numerous, more select, and more durable, than the other branch; and be chosen in a manner, which should combine, and represent different interests with a varied force.[1] How far these objects are attained by the constitution will be better seen, when the details belonging to each department are successively examined.
§ 569. This discussion may be closed by the remark, that in the Roman republic the legislative authority, in the last resort, resided for ages in two distinct political bodies, not as branches of the same legislature, but as distinct and independent legislatures, in each of which an opposite interest prevailed. In one, the patrician;- ↑ The Federalist, No. 62, 63.
one representative assembly, annually elected. They afterwards voted themselves from annual to septennial; then for life; and finally exerted the power of filling up all vacancies, without application to their constituents. The government of Holland is now a tyranny, though a republic. The result of a single assembly will be hasty and indigested; and their judgments frequently absurd and inconsistent. There must be a second body to revise with coolness, and wisdom, and to control with firmness, independent upon the first, either for their creation, or existence. Yet the first must retain a right to a similar revision and control over the second."
