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.

Sec.4.  There were also various opinions as to the proper term of office of senators.  Terms were proposed differing in length from three to nine years; and a proposition was even made by one distinguished member to make the term continue during good behavior, which is practically for life.  There appear to be sound objections both to long and short terms.  It is urged by those in favor of the latter, that an officer elected for a short term, especially if he desires a reelection, will have a strong inducement to please and faithfully serve those who are to elect or appoint him.

Sec.5.  Others, however, while they admit that short terms tend to insure responsibility on the part of a representative, consider this argument more than counterbalanced by the objections to which a short term is liable.  Looking to a reelection, he may act with a view to his popularity rather than to the public good.  Again, the oftener a legislature is changed, the more changeable and uncertain will be the laws.  Men having invested their capital in a business enterprise, and made a successful beginning under existing laws, may be ruined by a sudden and unexpected change of governmental policy.

Sec.6.  In view of these objections to both long and short terms, a medium term of six years was adopted.  This was believed to be short enough to keep up in a senator a feeling of responsibility, and yet long enough to insure his acting independently and with a regard to the general interests of the nation.  Although a bad senator may occasionally be kept too long in office by a six years’ term, cases also occur in which the act of a senator, especially in time of public excitement, is strongly condemned, but upon calm and mature reflection meets the public approbation.

Sec.7.  The next clause of the third section provides for the gradual change of the senate.  One-third of the senators go out of office every two years.  In favor of this arrangement are two important considerations.  First, it secures to the public at all times the benefit of the experience of at least two-thirds of the body.  Whereas, if the terms of all the senators expired at once, their places might be supplied mainly by new members without the requisite knowledge and experience.  Secondly, while a long term is intended to guard against the too frequent changes in the laws, it may also prevent, for too long a time, the amendment or the repeal of bad laws.  Such amendment or repeal may be hastened by the election of new members in the place of the one-third who retire every two years.