The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-09
THE sENArrs FUNCTION.
II Is to Put on the Brakes, and That Is Ex.
actly what II Is Doing.

requirements?
Presumptuous, not because the Senate,
TO be specitcl or any other institution IL
ABOVE Just and temperate criticisms: but be-
cause these attacks are mere vituperation
AND asseveration. neither just, temperate,
nor critical; presumptuous. because persons
not charged by law with any duty. and there
fore quite irresponsible. seek to coerce, by
inrammatory dsnunciation, the Senate az a
BODY into action which the superior wisdom
OF the "Dtery Teller" conceives to be de
manded by popular opinion" u manufactured
public opinion. existing In the diseased mind
OF the egotlst and exploited by him for his
own profit.
These gentlemen, ignorant Of the history
OF the United States. apparently wholly I'M
informed concerning the Constitution under
which we live. with its simple and effective
provision OF checks and safeguards and its
distribution of the powers of government,
yet more Ignorant of the way In which that
great instrument grew into being, and OF
the care and elaboration with which each
phrase and word was weighed; ignorant of
the real temper of our people, and either ig-
norant OF or oblivious to the fact that their
articles reflect upon the intelligence and the
honesty OF every American citizen, are not
satisfied with being and remaining ignorant,
but proclaim 1t and glory in It. Now. the
fact Is that the Senate is performing the exact
constitutional function for which II was de-
signed and created, without which 1t would
have no rdison d'ttre. and performing II cor
rectly and well.
That function Is to put on the brakes!
The design Of the Constitution Of the United
States was to secure at least one place where
an act of legislative power would be treated
with elaboration and scrutinized with care.
where Blackstone's essentials of interpreta-
ton. the old law, the mischief and the rem
edy." would be considered before instead of
after the enactment: where the ordinary
citizen. earning his and his family's living
and laying away what he can. Is still regarded
as entitled to his accumulation where the
business man will carry more weight than
the calamity bowler. Mr.. Meigs, In "The
Growth OF the Constitution, with supporting
quotations from Elliot's Debates. says:
One other proposal OF note was made here by
Gerry, that in the Senate the States should vote
per capita, so as 10 prevent the delays eX perienced
In Congress, and give a national aspect and spirit
TO the business. The methods OF Cong ress and
It's lncapacity had made a deep impression on mem
bers. and some OF the opposition to letting the
States be represented In the Senate was apparently
based on the belief that any such plan would result
In making the Senate as incompetent as Congress.
Gerryis proposal was probably intended to obviate
this.
or course, the Continental and "Confedera-
ton" Congresses are meant. Later. when the
convention was again considering the subject.
he summarizes thus:
Sherman thought the period seven years for
a Senatorl too long, and preferred I'VE years: II the
members did their duty they would be reelected,
while there would be an opportunity to get rid OF
them II they acted amlss. Pierce proposed three
years. and thought so long a term as seven years
would raise an alarm. He was of opinion that great
mischiefs had arisen in England from their sep.
tennlal act. and that II was reprobated by most
OF their patriotic statesmen. Randolph was for
seven years, and said that the democratic llcen-
tiousncss OF the State Legislatures proved the
necessity OF a nrm Senate: the object oil the second
branch was to control the democratic nrst branch.
Madison thought seven years none too long, and
wanted TO give that stability which was everywhere
called for. He regretted that they had so little
experience to guide them: the Constitution OF Mary.
land was the only analogous one. and in no instance
in that state had the Senate created Just suspicious
OF danger, though they had perhaps erred In some
instances In yielding TO the House OF Delegates.
In every case where they had opposed the measures
OF the House they had received the support OF the
most enlightened and impartial people. In States,
on the other hand. where the Senate was chosen
IN the same manner as the House and held their
seats for four years. 1t was found to be no check
against the instability OF the other branch. He con.
ceived 1t TO be OF grea, Importance that a stable
and nrn government organized In the republican
form should be held out TO the people.
The form in which the provision discussed
was then reported was this:
Rtsolred. That the members OF he second branch
OF the national Legislature ought to be chosen by
the individual Legislatures: TO be OF the age OF
thirty years at least; TO hold their Offices for a term
SUFFICIENT 10 insure their independence, namely, seven
years
From this the present provision OF the
CONSTITUTE ion was evolved by the Committee
on Style"-sadly needed by most legislatures,
The whole of the debate, to be found in the
fifth volume of Elliot, shows conclusively
that the fathers intended to provide ito
borrow a mechanical term a tywheel effect
or dashpot for the national engine, yielding
with sufficient but dignihed promptness to
the steady pressure of an enlightened and
instructed public opinion. but not intended
TO yield a iot to a mere manufactured clamor
OF vote hunting or mercenary patriots"
How many times the Senate has stood be-
tween the country and freak legislation is
known TO every one. Green backtsm. Free
silver. Populism. the Force bill. war about
Venezuela, and as late as last winter the
curious Esch-Tow nsend railroad bill, which
could not to-day pass the House of Repre-
sentatives, to say nothing of the supreme
Court of the United States, a founding upon
the political and economic dunghill,
And whom would they put into power, in
place of the derelict and Incompetent persons
chosen latter alD by we, the people? The
IOrQ ana Master Oh VT dl gave US lHe ltSlt
twenty centuries old:
DO men gather grapes OF thornS; or Ags Of thlstles'
Wherefore by their fruits we shall know them.
And such fruits! Look at the men elected
in the recent wave OF emotional insanity
which tore open the political graveyard in
our city. and sent it's tours down to par;
IL reads like II catalogue Of Back Number
Budd's bookstore. Patriots out Of a job!
Political epitaphs! Tammany is not ideal,
but Big Tim" can put the lot in his waistcoat
pocket and be lighter, A Committee of One
Hundred Prominent Citizens to-wash the
trolley cars! A municipal railroad half a mile
long, beginning nowhere, ending nowhere.
with no transfers. The place for these people
IL q museum.
our country ia all right; our institutions are
all right; our people and their representatives
are all light. We have more country, more
wealth, more crops. more soils. more climates,
more business. more ores, more commerce,
more sense than any other, mile for mile or
man for man. Our labor il the highest paid
and the chea pest, our food the best and most
various: our taxes the lowest: our freight
rates far the lowest OF any country, The
accommodation OH the much lauded foreign
railways would not be considered by our
no,pI. Tho childish rpVulHt ions abroad ara