The Election of United States Senators MOST OF ALL, ELEVATE 'n-n: PROFESSION or POLITICS AND DO NOT FORCE oua CITIZENS ro APOLOGIZE FOR FOLLOWING SUCH A CALL ms. The third difference between the
241
men the best qualified for the purpose and in the manner most conducive to the public good. The convention appears to have been attentive to both these points;
they have directed the
President to be chosen by select bodies of elec tors to be deputed by the people for that express
English House of Lords and the United
purpose; AND THEY HAVE COMMITTED THE
States Senate is that the Senate acts
APPOINTMENT OF SENATORS TO THE STATE
as a court in cases of impeachment of the President by the House of Repre
sentatives. The King of England can not be impeached. But the House of Lords tries other impeachments pre
LEGISLATURES. This mode has in such cases vastly the advantage of elections by the people in their collective capacity, where the activity of party zeal, taking advantage of the supineness, the ignor ance and the hopes and fears of the unwary and interested, often places men in ofl'ice by the votes
of a small proportion of the electors.
sented by the Commons.
When the
President of the United States is on trial the Chief Justice of the Supreme Court of the United States temporarily quits his high place and presides over the Court of Impeachment. But the House impeaches and the Senate decides. If both Houses are elected by the people, the some tribunal acts as accuser and judge. They both receive their inspirations and conceptions of the case from the people
and the impartiality and independence of the Senate disappears. This is not the American conception of justice. Moreover, the Senate is associated with the President in making treaties,
and in this respect again it differs from the House of Lords; it is only with the advice and consent of two-thirds of the Senators present when the question
Has this logic lost its strength because our population has increased from thir teen to nearly one hundred millions of
people? The influence which naturally results from these considerations is this -— that the President and Senators so chosen will always be of the number of those who best understand our na tional interests, whether considered in relation
to the several states, or to foreign nations, who are best able to promote those interests and whose reputation for integrity inspires and merits confidence. With such men the power of making treaties may be safely lodged.
Finally, it is only with the advice and
consent of the Senate that the President can appoint ambassadors, other public ministers and consuls, judges of the
arises that the President has power to
Supreme Court, and all other ofiicers of the United States whose appoint
conclude a treaty. The King of England can make treaties without the con
the Constitution.
ments are not otherwise provided for in
currence of either house of Parliament,
It thus will be seen that the Senate
but the people have seen fit to associate the Senate with the President in the exercise of this Executive function.
is not only a legislative body but it has co-ordinate judicial and executive func
Jay, in an article in the "Federalist"
upon the provision relating to the making of treaties, said:— The power of making treaties is an important one, especially as it relates to war. peace and com
tions and possesses much more power than the House of Lords, which rarely
acts as a check to the House of Com mons, because of the peculiar character of the whole government. ' The Senate of the United States has an unbroken record since its establish
merce, and it should not be delegated but in such
a mode and with such precautions as will afford the highest security that it will be exercised by
ment that no legislative department of any government ever excelled.
