en at the
general state election; in the others, there are special elections for
choosing representatives.
Sec.15. By an act of congress, every territory belonging to the United
States in which a government has been established, is entitled to send a
delegate to congress, who has a right to take a part in the debates of
the house, but not the right of voting.
Chapter XXX.
The Senate.
Sec.1. "The senate of the United States shall be composed of two senators
from each state; chosen by the legislature thereof, for six years; and
each senator shall have one vote." (Art. I, sec. 3.) The convention
readily agreed upon dividing congress into two branches; but, as has
been observed, it was difficult to settle the mode of representation.
The delegates from the large states insisted upon a representation in
proportion to numbers, in the senate as well as in the house; and the
small states contended for equality in both branches. The debate was
long and animated; and it became apparent that, as in the case of slave
representation in the house, there must be a compromise. This was at
length effected; the small states consenting to a proportional
representation in the house, and the large states to an equal
representation in the senate.
Sec.2. It has been remarked, that the federative principle of the old
system has been to some extent retained in the constitution. Both the
equality of representation in the senate, and the election of senators
by the state legislatures, are in strict conformity with the plan of the
confederation, and of simple confederacies generally. Different modes of
electing senators were proposed; but the one adopted by the convention
seems preferable to any other.
Sec.3. There is, however, in one particular, a material difference between
the plan of the old congress and that of the senate. It is in the manner
of voting. In the former, the vote was taken by states, each state
having but one vote; (Chap. XXVIII, Sec.5,) in the latter, the senators
vote separately, the vote of each senator counting one, as in the house;
and a question is decided by the united votes of a majority of the
members, and not by the vote of a majority of the states. Nor is the
vote of a state lost if but one of its senators is present, as formerly.
If, however, the two senators vote on different sides of a question, the
effect is the same as when, in the old congress, the members from a
state were equally divided
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