Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/47

 CH. VIII.] power became with the people any subject of ardent discussion, or of real controversy. If it had been so, deep traces of it would have been found in the public debates, instead of a general silence. The Federalist touches the subject in but few places, and then principally with reference to the articles of confederation, and the structure of the senate. In fact, the opponents of the constitution felt, that there was additional security given to the states, as such, by their representation in the senate; and as the large states must have a commanding influence upon the actual basis in the house, the lesser states could not but unite in a desire to maintain their own equality in a co-ordinate branch.

§ 560. Having considered the general reasoning, by which the division of the legislative power has been justified, it may be proper, in conclusion, to give a summary of those grounds, which were deemed most important, and which had most influence in settling the actual structure of the constitution of the United States. The question of course had reference altogether to the establishment of the senate; for no one doubted the propriety of establishing a house of representatives, as a depositary of the legislative power, however much any might differ, as to the nature of its composition.

§ 561. In order to justify the existence of a senate with co-ordinate powers, it was said, first, that it was a misfortune incident to republican governments, though in a less degree than to other governments, that those, who administer it, may forget their obligations to their constituents, and prove unfaithful to their important trust. In this point of view, a senate, as a second branch of the legislative assembly, distinct from, and