Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/161

 CH. IX.] while the most obvious construction is liable to no other, that of the bill incurs many and grievous ones.

"1. If you permit the large fraction in one state to choose a representative for one of the small fractions in another state, you take from the latter its election, which constitutes real representation, and substitute a virtual representation of the disfranchised fractions; and the tendency of the doctrine of virtual representation has been too well discussed and appreciated by reasoning and resistance, on a former great occasion, to need development now.

"2. The bill does not say, that it has given the residuary representatives to the greatest fractions; though, in fact, it has done so. It seems to have avoided establishing that into a rule, lest it might not suit on another occasion. Perhaps it may be found the next time more convenient to distribute them among the smaller states; at another time among the larger states; at other times according to any other crotchet, which ingenuity may invent, and the combination of the day give strength to carry; or they may do it arbitrarily, by open bargain and cabal. In short, this construction introduces into congress a scramble, or a vendue for the surplus members. It generates waste of time, hot blood, and may, at some time, when the passions are high, extend a disagreement between the two houses, to the perpetual loss of the thing, as happens a disposition to undue subserviency. A similar power of approval existed in the royal governors in many of the colonies before the revolution. The exclusive 20