Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/71

This page has been proofread, but needs to be validated.
CH. IX.]
HOUSE OF REPRESENTATIVES.
63

right, would enlist all the feelings, and interests, and opinions of every state against any substantial change in its own institutions. A great embarrassment would be thus thrown in the way of the adoption of the constitution itself, which perhaps would be thus put at hazard, upon the mere ground of theoretical propriety.[1]

§ 584. Besides; it might be urged, that it is far from being clear, upon reasoning or experience, that uniformity in the composition of a representative body is either desirable or expedient, founded in sounder policy, or more promotive of the general good, than a mixed system, embracing, and representing, and combining distinct interests, classes, and opinions.[2] In England the house of commons, as a representative body, is founded upon no uniform principle, either of numbers, or classes, or
  1. Rawle on the Constitution, ch. 4, p. 40.
  2. Mr. Burke manifestly thought, that no system of representative government could be safe without a large admixture of different persons and interests. "Nothing," says he, "is a due and adequate representation of a state, that does not represent its ability, as well as its property. But as ability is a vigorous and active principle, and as property is sluggish, inert, and timid, it can never be safe from the invasion of ability, unless it be, out of all proportion, predominant in the representation."[a 1] In a subsequent page of his Reflections on the French Revolution, he discusses the then favorite theory of representation proposed for the constitution of France, upon the triple basis of territory, population, and taxation, and demonstrates, with great clearness, its inconvenience, inequality, and inconsistency. The representatives, too, were to be chosen indirectly, by electors appointed by electors, who were again chosen by other electors. "The member," says Mr. Burke, "who goes to the National Assembly, is not chosen by the people, nor accountable to them. There are three elections before he is chosen; two sets of magistrates intervene between him and the primary assembly, so as to render him, as I have said, an ambassador of a state, and not the representative of the people within a state," So much for mere theory in the hands of visionary and speculative statesmen.
  1. Burke's Reflections on the French Revolution. See also Paley's Moral Philosophy, B. 6, ch. 7.