James Madison, a former Delegate, from the Commonwealth of Virginia, to the Constitutional Convention, using the penname “Publius,” publishes “Federalist #62,” reasserting the importance of electing the Senate by the State legislatures. In paragraphs 3 and 15 he writes,
It is equally unnecessary to dilate on the appointment of senators by the State legislatures. Among the various modes which might have been devised for constituting this branch of the government, that which has been proposed by the convention is probably the most congenial with the public opinion. It is recommended by the double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority: of the former, and may form a convenient link between the two systems.
The internal effects of a mutable policy are still more calamitous. It poisons the blessings of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood: if they be repealed or revised before they are promulg[at]ed, or undergo such incessant changes, that no man who knows what the law is to-day, can guess what it will be to-morrow. [emphasis added]
[restored 12/7/2024]
Subsequent Events:
Authority:
Articles of Confederation, Article XIII
ccc-2point0.com/Articles-of-Confederation
References:
Brian Doherty, “The Decay of Democracy,” Reason, January 1993, 38.
Federalist No 62 – The Avalon Project
avalon.law.yale.edu/18th_century/fed62.asp
Federalist No. 62 – Wikipedia
en.wikipedia.org/wiki/Federalist_No._62