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places.1 The representation is made up of persons chosen by electors having very different, and sometimes very discordant qualifications; in some cases, property is exclusively represented; in others, particular trades and pursuits; in others, inhabitancy and corporate privileges; in others, the reverse. In some cases, the representatives are chosen by very numerous voters; in others, by very few; in some cases, a single patron possesses the exclusive power of choosing representatives, as in nomination boroughs; in others, very populous cities have no right to choose any representatives at all; in some cases, a select body, forming a very small part of the inhabitants, has the exclusive right of choice; in others, non-residents can control the whole election; in some places a half million of inhabitants possess the right to choose no more representatives, than are assigned to the most insignificant borough, with scarcely an inhabitant to point out its local limits. Yet this inequality has never, of itself, been deemed an exclusive evil in Great Britain. And in every system of reform, which has found public favour in that country, many of these diversities have been embodied from choice, as important checks upon undue legislation, as facilitating the representation of different interests, and

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1 Paley's Moral Philosophy, B. 6, ch. 7, p. 380, 381 to 394; DeLolme, Const. of England, B. 1, ch. 4, p. 61, 62; 1 Kent's Comm. 219; 1 Tuck. Black. App. 209, 210, 211; 1 Wilson's Law Lect. 431.

2 Mr. Jefferson, in his Notes on Virginia, insists with great earnestness upon the impropriety of allowing to different counties in that state, the same number of representatives, without any regard to their relative population.* And yet in the new constitution adopted in 1830-1831, Virginia has adhered to the same system in principle, and her present representation is apportioned upon an arbitrary and unequal basis. 3 Burke's Reflections on the French Revolution.

* Jefferson's Notes, 192.

different opinions; and as thus securing, by a well-balanced and intelligent representation of all the various classes of society, a permanent protection of the public liberties of the people, and a firm security of the private rights of persons and property.1 Without, therefore, asserting, that such a mixed representation is absolutely, and under all circumstances, the best, it might be safely affirmed, that the existence of various elements in the composition of the representative body is not necessarily inexpedient, unjust, or insecure; and, in many cases, may promote a wholesome restraint upon partial plans of legislation, and ensure a vigorous growth to the general interests of the Union. The planter, the farmer, the mechanic, the merchant, and the manufacturer might thus be brought to act together, in a body representing each; and thus superior intelligence, as well as mutual good-will and respect, be diffused through the whole of the collective body."

§585. In the judgment of the convention, this latter reasoning seems to have obtained a decisive influence, and to have established the final result; and it was accordingly declared, in the clause under consideration, that "the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature."1 Upon this clause (which was finally adopted by a unanimous vote) the Federalist has remarked, "the provision made by the convention appears to be the best, that lay within their option. It must be satisfactory to every state, because it is conformable to the standard already established by the state itself. It will be safe to the United States, because, being fixed by the state constitutions, it is not alterable by the state governments; and it cannot be feared, that the people of the states will alter this part of their constitutions in such a manner, as to abridge the rights secured to them by the federal constitution." 2 The remark, in a general sense, is true; but the provision has not, in fact, and may not have, all the security against alteration by the state governments, which is so confidently affirmed. At the time, when it was made, Connecticut and Rhode-Island were acting under the royal charters of 1662 and 1663; and their legislatures possessed the power of modifying, from time to time, the right of suffrage. Rhode-Island yet continues without any written constitution, unless the charter of 1663 is to be deemed such. In Maryland successive legislatures may change the form of government; and in other states amendments may be, and indeed have been adopted, materially varying the rights of suffrage.1 So that absolute stability is not to be predicated of the existing modes of suffrage; though there is little practical danger of any changes, which would work unfavourably to popular rights.

1 Mr. Wilson in his Lectures, considers the inequality of representation in the house of commons, as a prominent defect in the British government. But his objections are mainly urged against the mode of apportioning the representation, and not against the qualifications of the voters. In the reform now under the consideration of parliament, there is a very great diversity of electoral qualifications allowed, and apparently supported by all parties. Mr. Burke in his Reflections on the French Revolution, holds doctrines essentially different in many points from Mr. Wilson. See also in Winne's Eunomus, Dialogue 3, § 18, 19, 20, an ingenious defence of the existing system in Great-Britain.

2 See Paley's Moral Philosophy, B. 6, ch. 7, p. 380; Id. 394. See also Franklin's Remarks; 2 Pitk. Hist. 242. Dr. Paley has placed the inequalities of representation in the house of commons in a strong light; and he has attempted a vindication of it, which, whether satisfactory or not, is at least urged with great skill and ingenuity of reasoning. Paley's Moral Philosophy, B. 6, ch, 7, p. 391 to 400. See also 2 Pitk. Hist. 242.

VOL. II.

* 1 Wilson's Lect. 430 to 433.
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1 Journal of Convention, 216, 233. - The clause, however, did not pass without opposition; a motion to strike out was made and negatived, seven states voting in the negative, one in the affirmative, and one being divided. Journ. of Convention, 7 Aug. p. 233.

2 The Federalist, No. 52. See also 2 Elliot's Debates, 38; 2 Wilson's Law Lect. 123, 130, 131.

§586. In the third place, the term of service of representatives. In order to ensure permanent safety to the liberties of the people, other guards are indispensable, besides those, which are derived from the exercise of the right of suffrage and representation. If, when the legislature is once chosen, it is perpetual, or may last during the life of the representatives; and in case of death, or resignation only, the vacancy is to be supplied by the election of new representatives; it is easy to perceive, that in such cases there will be but a very slight check upon their acts, on the part of the people. In such cases, if the legislative body should be once corrupted, the evil would be past all remedy, at least without some violent revolution, or extraordinary calamity. But, when different legislative bodies are to succeed each other at short intervals, if the people disapprove of the present, they may rectify its faults, by the silent exercise of their power in the succeeding election. Besides, a legislative assembly, which is sure to be separated again, and its members soon return to private life, will feel its own interests, as well as duties, bound up with those of the community at large. It may, therefore, be safely laid down, as a fundamental axiom of republican governments, that there must be a dependence on, and responsibility to, the people, on the part of the representative, which shall constantly exert an influence upon

1 See 2 Wilson's Law Lect. note (d,) 136, 137. 21 Black. Comm. 189; Montesquieu's Spirit of Laws, B. 11, ch. 6. 31 Black. Comm. 189.

his acts and opinions, and produce a sympathy between him and his constituents.1 If, when he is once elected, he holds his place for life, or during good behaviour, or for a long period of years, it is obvious, that there will be little effective control exercised upon him ; and he will soon learn to disregard the wishes, the interests, and even the rights of his constituents, whenever they interfere with his own selfish pursuits and objects. When appointed, he may not, indeed, consider himself, as exclusively their representative, bound by their opinions, and devoted to their peculiar local interests, although they may be wholly inconsistent with the good of the Union. He ought rather to deem himself a representative of the nation, and bound to provide for the general welfare, and to consult for the general safety. But still, in a just sense, he ought to feel his responsibility to them, and to act for them in common with the rest of the people; and to deem himself, in an emphatic manner, their defender, and their friend.3

§ 587. Frequent elections are unquestionably the soundest, if not the sole policy, by which this depend

1 The Federalist, No. 52, 57.

21 Black. Comm. 159. See also Dr. Franklin's Remarks; 2 Pitk. Hist. 242; Rawle on Const. 38, 39. But see I Tucker's Black. Comm. App. 193; 4 Elliot's Debates, 209. - Mr. Barke in his Speech to the Electors of Bristol, in 1774, has treated this subject with great candour, and dignity, and ability. "Parliament," said he, "is not a congress of ambassadors from different and hostile interests, which interests each must maintain, as an agent and advocate, against other agents and advocates. But parliament is a deliberative assembly of one nation with one interest, that of the whole; where not local purposes, not local prejudices, ought to guide; but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a member of parliament." See, on this subject, 1 Tuck. Black. Comm. App. 193; 2 Lloyd's Deb. in 1789, p. 199 to 217.

3 See Burke's Speech to the Electors of Bristol in 1774.

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