Senator as in every respect a matter of discretion with the State. The Constitution does not permit a State to appoint a Senator just as it pleases. The Constitution gives Congress the power to regulate by law the manner in which Senators shall be elected, just as it gives Congress the power to regulate by law the manner in which Representatives shall be elected. The only difference is as to the place of election. Congress has made such laws, prescribing on what day of the session of a legislature the election of a Senator shall be proceeded with, how the votes shall be taken in both branches separately, how in joint convention, and so on.
Why does the Constitution put the election of Senators thus under the control of Congress just as it does the election of members of the House of Representatives? Because the Constitution does not regard a Senator as a mere diplomatic agent of the State, of one sovereignty near another sovereignty, appointed to take care of the interest of that State only, and remaining under the control of that State. By no means. The Constitution regards the Senate of the United States not as an assembly of State agents, but as a branch of the Legislative department of the General Government. It regards a Senator here as being appointed to take part in legislation concerning the interests of all the States and of all the people, and, when once elected as a member of that Legislative department, that Senator is, during his Constitutional term of office, entirely, completely out of the control of his State, just as the member of the House of Representatives is out of the control of his district constituency.
The Constitution indeed provides that the number of Senators from each State shall be two, undoubtedly to preserve as much as possible a certain equality of the influence of the different States upon the legislation of the country. It indeed provides that Senators shall be
