The council to whom the task would be entrusted of
rectifying the people's mistakes would not represent a class
believed to be opposed to their interest, but would consist of their
own natural leaders in the path of progress. No mode of composition
could approach to this in giving weight and efficacy to their function
of moderators. It would be impossible to cry down a body always
foremost in promoting improvements as a mere obstructive body,
whatever amount of mischief it might obstruct.
Were the place vacant in England for such a Senate (I need
scarcely say that this is a mere hypothesis), it might be composed
of some such elements as the following. All who were or had been
members of the Legislative Commission described in a former chapter,
and which I regard as an indispensable ingredient in a
well-constituted popular government. All who were or had been Chief
justices, or heads of any of the superior courts of law or equity. All
who had for five years filled the office of puisne judge. All who
had held for two years any Cabinet office: but these should also be
eligible to the House of Commons, and if elected members of it,
their peerage or senatorial office should be held in suspense. The
condition of time is needed to prevent persons from being named
Cabinet Ministers merely to give them a seat in the Senate; and the
period of two years is suggested, that the same term which qualifies
them for a pension might entitle them to a senatorship.
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