At the crucial moment mentioned, Sherman and Ellsworth presented upon behalf of Connecticut the first and most far-reaching of the great compromises of the Constitution. The Connecticut plan was in brief to the effect that in fixing the ratio of representation there should be recognition alike of the federal and of the national feature in government, in a word, that in the Lower House the national, and in the upper the federal principle should have full recognition. This was a departure from the Virginia plan to the extent that it in effect proposed the establishment of a federal republic,—in the concrete, that the House should be composed of representatives chosen directly by the people from districts of equal population; while representation in the Senate should be that of the States, each, regardless of population, to have two members, to be chosen at stated periods by their respective legislatures.
After heated debate, this compromise was carried by a bare majority, and the provision for popular representation in the House, and equal State representation in the Senate, became engrafted upon our Federal Constitution. This feature, an eminent foreign writer has declared, "is the chief American contribution to the common treasures of political civilization." The eminent writer, De Tocqueville, has well said: "The principle of the independence of the States triumphed in the formation of the Senate, and that of the sovereignty of the nation in the composition of the House of Representatives."
The success of the Connecticut plan made possible that of other essential compromises which followed; and the result was, as the sublime consummation of wise deliberation and patriotic concession, the establishment of the Government of the United States.
It is the proud boast of the Briton, that "the British Constitution has no single date from which its duration is to be reckoned, and that the origin of English law is as undiscoverable as that of the Nile." Our Government, buttressed upon a written Constitution of enumerated and logically implied powers, had its historic beginning upon that masterful day, April 30, 1789, when Washington took solemn oath of office as our first President.
The Senate of the United States has been truly declared "the greatest deliberative body known to men." By Constitutional provision it consists of two members from each State, chosen by the Legislature thereof, for the term of six years. No person has the legal qualification for Senator "unless he shall have attained the age of thirty years, be an inhabitant of the State for which he is chosen, and have been nine years a citizen of the United States." No State, without its consent, can ever be deprived, even by Constitutional amendment, of its equal representation in the Senate. Nevada with a population of less than forty thousand has her equal voice with New York with a population exceeding seven million. This anomaly was occasioned by concession by the larger to the smaller States in the Convention of 1787, a concession which made possible the establishment of the federal Union.
One essential difference between the House of Representatives and the Senate is that to the latter "the previous question" is unknown; no method existing for terminating debate, other than by unanimous consent. Here, unlimited discussion and amendment can have their perfect work. Within the last three or four decades many fruitless attempts have been made to introduce a modified "previous question" or cloture, by which the Senate could be brought to an immediate vote. At first blush such change might seem desirable, but experience has demonstrated the wisdom of the method to which there has been such steady adherence. It secures time for consideration and full discussion upon every question. In the end the vote will be taken. Debate is rarely prolonged beyond reasonable limit. Not infrequently the public welfare is imperilled by too much, rather than too little, legislation. It was the belief of Jefferson that government should touch the citizen at the fewest possible points. The quaint lines of the old English poet have lost nothing of their significance:
"How small, of all that human hearts endure,
That part which laws or kings can cause or cure!"
The House of Representatives has in large degree ceased to be a deliberative body. Under the iron rule of the "previous question" measures of importance are hurriedly passed without the possibility of discussion or amendment. The rights of the minority are at times but as the dust in the balance.
Unlike the House of Lords, the Senate is in reality an important factor in legislation. As is well known in recent years, government in Great Britain is virtually that of the House of Commons, in large measure through a cabinet practically of its own appointment. The King is little more than a ceremonial figure-head, and the House of Lords is almost in a death struggle for existence. The end would probably come by serious attempt upon its part to thwart the popular will as expressed through the House of Commons. The power of Edward the Seventh is but a shadow of that exercised almost without let or hindrance by the predecessors of Queen Victoria. The veto power, so potent an instrumentality in the hands of the American President, is to all intents a dead letter in the mythical British Constitution. For a century and a half it has remained in practical abeyance. It is believed that its attempted exercise at this day would produce revolution; possibly endanger the existence of the throne.
By means of what is known as a suspension of the rules, under the operation of the "previous question," much important legislation is enacted in our House of Representatives, without the minority having the privilege of debate, or amendment, or even the necessary time to a full understanding of the pending measure. The constantly recurring "River and Harbor Bill," with its enormous sum total of appropriations, is a striking object lesson of the vicious character of such methods.