two seems as convenient a number as any, which can be devised. The Senate, upon its present organization, cannot probably ever become too large or too small for the fit discharge of all its functions. 'The benefit is retained, of consultation, and mutual interchange of opinion between the members from the same State; and the number is sufficient to guard against any undue influence over it by the more popular branch of the Legislature.

The

§ 105. Fourthly, the term of service of the Senators. It is for six years, although, as we shall presently see, one third of the members is changed every two years. What is the proper duration of the office, is certainly a matter, upon which different minds may arrive at different conclusions. The term should have reference to the nature and extent of the duties to be performed, the experience to be required, the independence to be secured, and the objects to be attained. A very short duration of office, diminishes responsibility, and energy, and public spirit, and firmness of action, by diminishing the motives to great efforts, and also, by diminishing the means of maturing, and carrying into effect, wise measures. Senate has various highly-important functions to perform, besides its legislative duties. It partakes of the executive power of appointment to office, of and the ratification of public treaties. To perform these functions worthily, the members should enjoy public confidence at home and abroad; and they should be beyond the reach of the sudden impulses of domestic factions, as well as of foreign influences. They should not be subject to intimidation by the mere seekers of office; nor should they be deemed by foreign nations, to have no permanent weight in the administration of the government. They should be able, on the one hand, to guard the States against usurpations of authority on the part of the National Government; and on the other hand, to guard the people against the unconstitutional projects of selfish demagogues. They should have the habits of business, and the large experience in the affairs of government, derived from a practical concern in them for a considerable period. They should be chosen for a longer period than the House of Represen

tatives, in order to prevent sudden and total changes at the same period of all the functionaries of the government, which would necessarily encourage instability in the public councils, and stimulate political agitations and rivalries. In all these respects, the term of office of the Senators seems admirably well adapted to the purposes of an efficient, and yet of a responsible body. It secures the requisite qualifications of skill, experience, information, and independence. It prevents any sudden changes in the public policy. It induces foreign nations to treat with the government with more confidence, from the consciousness of the permanence of its councils. It commands a respect at home, which enables it to resist any undue inroads of the popular branch; and, at the same time, its duration is not so long, as to take away a pressing sense of responsibility both to the people, and to the States.

§ 106. But, in order to quiet the last lingering scruples of jealousy on this head, the next clause of the Constitution provides for a change of one third of the members every two years. It declares,-" Immediately after they (the Senators) shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class, shall be vacated at the expiration of every second year; of the second class, at the expiration of every fourth year; and of the third class, at the expiration of every sixth year; so that one third may be chosen every second year.' Thus, the whole body is gradually changed in the course of the six years, always retaining a large portion of experience, and yet incapable of combining its members together for any sinister purposes. No person would probably propose a less duration of office for the Senators, than double the period of that of the members of the House. In effect, this provision changes, within the same period, the composition of two thirds of the body.

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§ 107. As vacancies may occur in the Senate during the recess of the State Legislatures, it became indispensable to provide for that exigency, in order to preserve

the full right of representation of each State in that body. Accordingly, the same clause declares-" And if any vacancies happen, by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments, until the next meeting of the Legislature, which shall then fill such vacancies." This mode seems as unexceptionable, as any which could be adopted. It enables the Executive of the State to appoint a temporary Senator, when the State Legislature is not in session. One of three courses, only, seemed open; either to allow the vacancy to remain unfilled, which would deprive the State of its due vote; or to allow the State Legislature prospectively to provide for the vacancy by a contingent appointment, which might be liable to some objections of a different character; or to confide a temporary appointment to the highest State functionary, who might well be presumed to enjoy the public confidence, and be devoted to the public interest, and to have very strong motives to make a judicious appointment.

§ 108. We next come to the qualifications of Senators. No person shall be a Senator, 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 requires more experience, knowledge, and stability of character, than those of a Representative, the qualification of age is accordingly raised. A person may be a Representative, at twenty-five years; but he cannot be a Senator, until thirty years. Citizenship, also, is required, the propriety of which qualification cannot well be doubted. The term of citizenship of a Representative is seven years; that of a Senator is nine years. The reason, for increasing the term, in the latter case, is, the direct connection of the Senate with foreign nations, in the appointment of ambassadors, and in the formation of treaties. This prolonged term may well be required of a foreigner, not only to give him a more thorough knowledge of the interests of his adopted country; but also to wean him

more effectually from those of his native country. The next qualification, is, inhabitancy in the State; and the propriety of this, is almost self-evident, since an inhabitant may not only be presumed to be better acquainted with the local interests, and wants, and pursuits, of the State; but may, also, well be deemed to feel a higher degree of responsibility to the State, than any stranger. He will, also, personally, share more fully in the effects of all measures, touching the sovereignty, rights, and influence, of the State. The only surprise, is, that provision is not made for his ceasing to represent the State, in the Senate, as soon as he should cease to be an inhabitant of the State.

§ 109. In concluding this topic, it is proper to remark, that no qualification, whatever, as to property, is required in regard to Senators, any more than in regard to Representatives. Merit and talent have, therefore, the freest access open to them into each branch of the Legislature. Under such circumstances, if the choice of the people is but directed by a suitable sobriety of judgement, the Senate cannot fail of being distinguished for wisdom, for learning, for exalted patriotism, for incorruptible integrity, and for inflexible independence.

$110. The next clause respects the person who shall preside in the deliberations of the Senate." The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States."

§ 111. The propriety of creating the office of Vice President will be reserved for future consideration, when the organization of the executive department shall come under review. The reasons, why he is authorized to preside in the Senate, belong appropriately to this place. The strong motive for this arrangement undoubtedly arose from the desire to moderate State jealousy and to preserve State equality in the Senate. If the presiding officer of the Senate were to be chosen exclusively from its own

members, it was supposed, that the State, upon which the choice might fall, might possess either more or less, than its due share of influence. If he were not allowed to vote, except upon an equal division of the Senate, then the State would be deprived of his vote; if he were entitled to vote, and also, in such cases, to give a casting vote, then the State would, in effect, possess a double vote. If he could only vote as a member, then, in case of an equality of votes, much inconvenience might arise from the indecision of the Senate. It might give rise to dangerous feuds, or intrigues, and create State, or national agitations. It would be far better, in such an equality of votes, to refer the decision to a common arbiter, like the Vice President, chosen by a vote of the States, and therefore to be deemed the representative of all of them. The permanent appointment of any one of the Senators, as President of the Senate, might give him an undue influence and control over measures during his official term. An appointment for a single session, only, would subject the body to constant agitations, and intrigues, incompatible with its own dignity and convenience, and might introduce irregularities, unfavorable to an impartial course of proceedings, founded upon experience, and an accurate knowledge of the duties of the office. These views appear to have had great weight in the Convention, and have been found entirely satisfactory to the people. The appointment of the Vice President to preside in the Senate has been greatly conducive to the harmony of the States and the dignity of the General Government. As the Senate possess the power to make rules to regulate their own proceedings, there is little danger, that there can ever arise any serious abuse of the presiding power. The danger, if any, is rather the other way, that the presiding power will be silently weakened or openly surrendered, so as to leave to the office little more than the barren honor of the place, without influence, and without action.

§ 112. The propriety of intrusting the Senate with the choice of its other officers, and also of a President pro tempore in the absence of the Vice President, or