Note 8 — Webster, Noah. An Examination into the leading principles of the Federal Constitution. By a Citizen of America
Reading edition
I say the senate was elective—but this must be understood with some exceptions; or rather qualifications. The constitution of the Roman senate has been a subject of enquiry, with the first men in modern ages. Lord Chesterfield requested the opinion of the learned Vertot, upon the manner of chusing senators in Rome; and it was a subject of discussion between Lord Harvey and Dr. Middleton. The most probable account of the manner of forming the senate, and filling up vacancies, which I have collected from the best writers on this subject, is here abridged for the consideration of the reader.
Romulus chose one hundred persons, from the principal families in Rome, to form a council or senate; and reserved to himself the right of nominating their successors; that is of filling vacancies. “Mais comme Romulus avoit lui même choisi les premiers senateurs il se reserva le droit de nommer a son gré, leurs successeurs.”—Mably, sur les Romains. Other well informed historians intimate that Romulus retained the right of nominating the president only. After the union of the Sabines with the Romans, Romulus added another hundred members to the senate, but by consent of the people. Tarquin, the ancient, added another hundred; but historians are silent as to the manner.
On the destruction of Alba by Hostilius, some of the principal Alban families were added to the senate, by consent of the senate and people.
After the demolition of the monarchy, Appius Claudius was admitted into the senate by order of the people.
Cicero testifies that, from the extinction of the monarchy, all the members of the senate were admitted by command of the people.
It is observable that the first creation of the senators was the act of the monarch; and the first patrician families claimed the sole right of admission into the senate. “Les familles qui descendoient des deux cent senateurs que “Romulus avoit créés,—se crurent seules en droit d’entrer dans le sénat.”—Mably
This right however was not granted in its utmost extent; for many of the senators in the Roman commonwealth, were taken from plebian families. For sixty years before the institution of the censorship, which was A. U. C. 311, we are not informed how vacancies in the senate were supplied. The most probable method was this; to enrol, in the list of senators, the different magistrates; viz., the consuls, prætors, the two quætors of patrician families, the five tribunes (afterwards ten) and the two ædiles of plebian families: The office of quæstor gave an immediate admission into the senate. The tribunes were admitted two years after their creation. This enrollment seems to have been a matter of course; and likewise their confirmation by the people in their comitia or assemblies.
On extraordinary occasions, when the vacancies of the senate were numerous, the consuls used to nominate some of the most respectable of the equestrian order, to be chosen by the people.
On the institution of the censorship, the censors were invested with full powers to inspect the manners of the citizens,—enrol them in their proper ranks according to their property,—make out lists of the senators and leave out the names of such as had rendered themselves unworthy of their dignity by any scandalous vices. This power they several times exercised; but the disgraced senators had an appeal to the people.
After the senate had lost half its members in the war with Hannibal, the dictator, M. Fabius Buteo, filled up the number with the magistrates, with those who had been honored with a civic crown, or others who were respectable for age and character. One hundred and seventy new members were added at once, with the approbation of the people. The vacancies occasioned by Sylla’s proscriptions amounted to three hundred, which were supplied by persons nominated by Sylla and chosen by the people.
Before the time of the Gracchi, the number of senators did not exceed three hundred. But in Sylla’s time, so far as we can collect from direct testimonies, it amounted to about five hundred. The age necessary to qualify for a seat in the senate is not exactly ascertained; but several circumstances prove it to have been about thirty years.
See Vertot, Mably, and Middleton on this subject.
In the last ages of Roman splendor, the property requisite to qualify a person for a senator, was settled by Augustus at eight hundred sestertia—more than six thousand pounds sterling.