their watch-word then was, "liberty or death." The enumeration or census is made every tenth year, and the representatives newly apportioned, under the restriction that there shall not be more than one for every thirty thousand. The computation is made according to the "respective numbers" of each state. These words have been held to mean that the states should be considered separately. The number fixed by the Constitution, until the first census should be completed, was sixty-five. But now, though the ratio is increased to seventy thousand, six hundred and eighty, (including three from the territories, who are allowed to debate but not to vote,) the number is two hundred and twenty-six. The Constitution provides, "when vacancies happen in the representation from any state, the executive au thority thereof shall issue writs of election to fill such vacancies." This provision was perhaps dictated moré by convenience than strict propriety. It seems, how ever, never to have given rise to any controversy. The next clause commits to the House of Representatives, the privilege of choosing their speaker, and other officers. In Great Britain, the approval of the crown is necessary to an election of their speaker to the House of Commons, and in former times it was controlled, and even the candidate designated, by the wishes of the crown, previously intimated; but the gradual increase of popular influence in that government has altogether counteracted this power, and made the approval a matter of course. To the House of Representatives is also confided the important power of impeachment; it is thus constituted a grand national in quisition; to examine the conduct of public men, and to drag to punishment such as have proved recreant to their trusts, and who, by means of their high station, party support, or their own extraordinary influence, might be shielded from punishment in ordinary tribunals. THE SENATE. CONSIDERING that our government is partly federal, and partly national, the structure of our legislature seems well warranted, and the organization of its two branches seems beautifully adapted to this double character. The one branch is national, while the other is strictly federal, consisting of an equal representation of each confederating power; thereby not only recognizing, but perpetuating, the sovereignty of the states. For solely upon this ground can this principle of equality be maintained. This arrangement was strenuously opposed by the larger states, and as firmly demanded by the smaller; the former contending for the influence of numbers, and the latter for equality of representation in both branches. So equally were they divided, and so firmly did each maintain its ground, that without mutual concession, a continuance of the union seemed hopeless, and impossible. But at length the compromise was made; the smaller states having yielded to the larger, in the formation of one branch, the latter yielded to the former, in that of the other, and it was agreed that the Senate should "be composed of two senators from each state, chosen by the Legislature thereof, for six years; each senator having one vote." By confiding the choice to the state legislatures, the separate, and independent existence of the states is again recognized and rendered absolutely necessary for a continuance of the general government. If a majority of them should refuse to elect senators, the operation of the government would thereby be suspended, but the organization of the Senate would prevent for a number of years the attainment of a result so dreadful. In some of the states the senators are elected by joint vote, or ballot; but in most of them by separate, and concurrent vote. The constitutionality of this first mode has been considered somewhat doubtful. Chancellor Kent, in his Commentaries, alluding to this, says, "This construction has become too convenient, and has been too long settled by the recognition of senators so elected, to be now disturbed; though I should think, if the question was a new one, that when the Constitution directed that the senators should be chosen by the legislature, it meant, not the members of the legislature per capita, but the legislature in the true technical sense, being the two houses acting in their separate and organized capacities, with the ordinary constitutional right of negative on each other's proceedings." With much respect for the judgment and high qualifications of this eminent lawyer, I incline with diffidence to the contrary opinion; because the Constitution confides to the legislatures the power to prescribe the time, place, and manner of election, &c. Now if the word legislatures here used, means the legislatures in their separate capacity of senate and house of delegates, it only follows that, in such capacity, they shall prescribe the manner, &c. But it does not follow that the manner Prescribed shall be by joint or concurrent vote. Again, if the manner of election is established by, or deducible from the Constitution to any extent, the clause above alluded to would, to the same extent, be without meaning, because it would confide to the legislature the power to prescribe the manner, &c., when to a certain extent it means to restrict that power. If it was intended to mean this, the meaning cannot be gathered from its words. Next the number of senators. It was thought that two from each state would constitute a body sufficiently large for the discharge of the various duties and labor of legislation incumbent on the Senate. The numbers proposed in the convention were three and two. The first was rejected, and the latter adopted, by a vote of nine states to one, and subsequent experience has shown it to be fully sufficient. This furnishes an argument against its increase, and it cannot be objected, at the present day, that the number is too small; nor can it be urged with more propriety that the number is too large. Had only the smaller number been adopted, the Senate at first would have been composed of only eleven members; for at the time the government went into operation only eleven states had adopted the Constitution; but by no possibility could the number have exceeded thirteen; for there were in all but thirteen states. No one, having an idea of the vast and various interests and necessities of the country, and the consequent arduous labor of legislation, can for a moment suppose so small a number competent to its discharge. Human intellect, and human strength, unaided and alone, are inade quate to the performance of these high functions-they constitute a task for which is requisite the strength, experience, and wisdom of numbers combined, and concentrated into one powerful and mighty focus. The task is now increased, at least in proportion to the increase of states, the exigencies of the country are more various, and vastly multiplied, and though the number of states is now twenty-six,* and consequently that of the Senate fifty-two, yet we see by actual experiment that it is not too large, or more than competent to a full and faithful discharge of its arduous duties. But even admitting that one from each state is a sufficient number for the labors of the Senate, still several good reasons may be given why the number should be larger. If there be but one, a whole state might on many important occasions be unrepresented, from the absence, sickness, resignation or death of its member. It is also well for a senator on important occasions, in times of difficulty and danger, to have a colleague whose interests and feelings are common with his own, by whom he may be counselled and instructed; for it frequently happens that the wisest need counsel, and sometimes "two heads are better than one." This paucity of numbers, and the longer term for which the Senate is chosen, are well calculated to make it a wise and stable body, as well as a powerful check upon the rashness, and intemperate excitements which are apt at times to mislead the other branch. It constitutes it an important link in the chain of government, by which is attained that connection of laws so indicative of wis *Since this work was written the number has increased. |
