Against the force of the immediate representatives of the people, nothing will be able to maintain even the constitutional authority of the Senate, but such a display of enlightened policy, and attachment to the public good, as will divide with that branch of the legislature the affections and support of the entire body of the people themselves. I will barely remark, that as the improbability of sinister combinations will be in proportion to the dissimilarity in the genius of the two bodies, it must be politic to distinguish them from each other by every circumstance which will consist with a due harmony in all proper measures, and with the genuine principles of republican government. In response, Alexander Hamilton decided to launch a measured defense and extensive explanation of the proposed Constitution to the people of the state of New York. This essay contains twenty-one paragraphs. It ought, moreover, to possess great firmness, and consequently ought to hold its authority by a tenure of considerable duration. Similar instances might be traced in most, if not all the popular governments of antiquity. The Senate was one buffer meant to protect us from rash measures during these periods of high emotion.
The remark is verified in private life, and becomes more just, as well as more important, in national transactions. Sparta, Rome, and Carthage are, in fact, the only states to whom that character can be applied. There are some other lesser distinctions which would expose the former to colorable objections that do not lie against the latter. Some governments are so formed as to produce a sufficient fluctuation and change of members; in the ordinary course of elections proper numbers of new members are from time to time brought into the legislature, and a proportionate number of old ones go out, mix, and become diffused among the people. The Cosmi of Crete were also annually elected by the people, and have been considered by some authors as an institution analogous to those of Sparta and Rome, with this difference only, that in the election of that representative body the right of suffrage was communicated to a part only of the people. But if any thing could silence the jealousies on this subject, it ought to be the British example. It may be suggested that a people spread over an extensive region, cannot like the crouded inhabitants of a small district, be subject to the infection of violent passions; or to the danger of combining in the pursuit of unjust measures.
There are others peculiar to the former which require the control of such an institution. However, Hamilton's opposition to a Bill of Rights was far from universal. In the Senate, we get the benefits of long tenure. Tara Ross is a mother, wife, writer, and retired lawyer. The distinction, however, thus qualified must be admitted to leave a most advantageous superiority in favor of the United States.
Responsibility, in order to be reasonable, must be limited to objects within the power of the responsible party, and in order to be effectual, must relate to operations of that power, of which a ready and proper judgment can be formed by the constituents. Without entering into a disquisition which here would be misplaced, I will refer to a few known facts in support of what I advance. In Chapter 62, qualifications for senators were these: they had to be at least 30 years old, and to have been citizens of the nation for nine years. As the cool and deliberate sense of the community ought in all governments, and actually will in all free governments ultimately prevail over the views of its rulers; so there are particular moments in public affairs, when the people stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. House of Representatives from Virginia 1789—1797 , Secretary of State 1801—1809 , and ultimately the fourth. Yet however requisite a sense of national character may be, it is evident that it can never be sufficiently possessed by a numerous and changeable body. Thus far I have considered the circumstances which point out the necessity of a well-constructed Senate only as they relate to the representatives of the people.
Similar instances might be traced in most, if not all, the popular governments of antiquity. The importance of the latter description to the collective and permanent welfare of every country, needs no explanation. I add, as a sixth defect, the want, in some important cases, of a due responsibility in the government to the people, arising from that frequency of elections which in other cases produces this responsibility. But if any thing could silence the jealousies on this subject, it ought to be the British example. It is at least certain, that it had some quality or other which rendered it an anchor against popular fluctuations; and that a smaller council, drawn out of the senate, was appointed not only for life, but filled up vacancies itself. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens.
It is at least certain that it had some quality or other which rendered it an anchor against popular fluctuations; and that a smaller council, drawn out of the senate, was appointed not only for life, but filled up vacancies itself. It is not possible that an assembly of men called for the most part from pursuits of a private nature, continued in appointment for a short time, and led by no permanent motive to devote the intervals of public occupation to a study of the laws, the affairs, and the comprehensive interests of their country, should, if left wholly to themselves, escape a variety of important errors in the exercise of their legislative trust. I am far from denying that this is a distinction of peculiar importance. The remark is verified in private life, and becomes more just, as well as more important, in national transactions. The objects of government may be divided into two general classes; the one depending on measures which have singly an immediate and sensible operation; the other depending on a succession of well chosen and well connected measures, which have a gradual and perhaps unobserved operation. I scruple not to assert, that in American governments too little attention has been paid to the last.
The true distinction between these and the American Governments lies in the total exclusion of the people in their collective capacity from any share in the latter, and not in the total exclusion of representatives of the people, from the administration of the former. In this spirit it may be remarked, that the equal vote allowed to each State is at once a constitutional recognition of the portion of sovereignty remaining in the individual States, and an instrument for preserving that residuary sovereignty. The people are not apt to wrong a man who is steady and true to their interests. If the federal Senate, therefore, really contained the danger which has been so loudly proclaimed, some symptoms at least of a like danger ought by this time to have been betrayed by the Senate of Maryland, but no such symptoms have appeared. I feel the less restraint therefore in observing that the position concerning the ignorance of the antient governments on the subject of representation is by no means precisely true in the latitude commonly given to it. The Political Theory of the Federalist, Chicago: The University of Chicago Press, 1984. The members of the present congress are chosen yearly, who, from the nature and multiplicity of their business, ought to be chosen for longer periods than the federal senators.
She finds that she is held in no respect by her friends; that she is the derision of her enemies; and that she is a prey to every nation which has an interest in speculating on her fluctuating councils and embarrassed affairs. It must nevertheless be acknowledged, when explained, to be as undeniable as it is important. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century. As the cool and deliberate sense of the community ought, in all governments, and actually will, in all free governments, ultimately prevail over the views of its rulers; so there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. History tells us that there were no long lived republics that did not have a senate. I am not unaware of the circumstances which distinguish the American from other popular governments, as well ancient as modern; and which render extreme circumspection necessary, in reasoning from the one case to the other.