Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/372

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364
CONSTITUTION OF THE U. STATES.
[BOOK III.

cases of this sort. The senators from the longer duration of their office will have great opportunities of extending their political information, and of rendering their experience more and more beneficial to their country. The members are slowly changed; so, that the body will at all times, from its very organization, comprehend a large majority of persons, who have been engaged for a considerable time in public duties, and foreign affairs. If, in addition to all these reasons, it is considered, that in the senate all the states are equally represented, and in the house very unequally, there can be no reasonable doubt, that the senate is in all respects a more competent, and more suitable depositary of the power, than the house, either with, or without the co-operation of the executive. And most of the reasoning applies with equal force to any participation by the house in the treaty-making functions. It would add an unwieldly machinery to all foreign operations; and retard, if not wholly prevent, the beneficial purposes of the power.[1] Yet such a scheme has not been without warm advocates. And it has been thought an anomaly, that, while the power to make war was confided to both branches of congress, the power to make peace was within the reach of one, with the co-operation of the president.[2]

§ 1512. But there will be found no inconsistency, or inconvenience in this diversity of powder. Considering the vast expenditures and calamities, with which war is attended, there is certainly the strongest ground for
  1. The Federalist. No. 64, 75.—In the convention a proposition was made to add the house to the senate, in advising and consenting to treaties. But it was rejected by the vote often states against one. Journ. of Convention, 339, 340.
  2. 1 Tuck. Black. Comm. App. 338, 339.