Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/186

 178 in the enjoyment of a large portion of the rights of sovereignty, and giving to the general government a few powers, and those only, which were necessary for national purposes. The general government was, therefore, upon the acknowledged basis, one of limited and circumscribed powers; the states were to possess the residuary powers. Admitting, then, that it is right, among a people thoroughly incorporated into one nation, that every district of territory ought to have a proportional share of the government; and that among independent states, bound together by a simple league, there ought, on the other hand, to be an equal share in the common councils, whatever might be their relative size or strength, (both of which propositions are not easily controverted;) it would follow, that a compound republic, partaking of the character of each, ought to be founded on a mixture of proportional, and of equal representation. The legislative power being that, which is predominant in all governments, ought to be, above all, of this character; because there can be no security for the general government, or the state governments, without an adequate representation, and an adequate check of each in the functions of legislation. Whatever basis, therefore, is assumed for one branch of the legislature, the antagonist basis should be assumed for the other. If the house is to be proportional to the relative size, and wealth, and population of the states, the senate should be fixed upon an absolute equality, as the representative of state sovereignty. There is so much reason, and justice, and security in such a course, that it can with difficulty be overlooked by those, who sincerely consult the public good, without