Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/296

 288 in congress will not be brought to assent to any general system by congress, unless from an extreme necessity, or a very urgent exigency. Indeed, the danger rather is, that when such necessity or exigency actually arises, the measure will be postponed, and perhaps defeated, by the unpopularity of the exercise of the power. All the states will, under common circumstances, have a local interest, and local pride, in preventing any interference by congress; and it is incredible, that this influence should not be felt, as well in the senate, as in the house. It is not too much, therefore, to presume, that it will not be resorted to by congress, until there has been some extraordinary abuse, or danger in leaving it to the discretion of the states respectively. And it is no small recommendation of this supervising power, that it will naturally operate, as a check upon undue state legislation; since the latter might precipitate the very evil, which the popular opinion would be most solicitous to avoid. A preventive of this sort, addressed a priori to state jealousy, and state interest, would become a most salutary remedy, not from its actual application, but from its moral influence.

§ 821. It was said, that the constitution might have provided, that the elections should be in counties. This was true; but it would, as a general rule, afford very little relief against a possible abuse; for counties differ greatly in size, in roads, and in accommodations for elections; and the argument, from possible abuse, is just as strong, even after such a provision should be made, as before. If an elector were compellable to go thirty, or fifty miles, it would discourage his vote, as much, as if it were one hundred, or five hundred miles.