Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/337

 CH. XXXVI.] districts, fixed by the legislature, a certain number of electors being apportioned to each district. No question has ever arisen, as to the constitutionality of either mode, except that of a direct choice by the legislature. But this, though often doubted by able and ingenious minds, has been firmly established in practice, ever since the adoption of the constitution, and does not now seem to admit of controversy, even if a suitable tribunal existed to adjudicate upon it. At present, in nearly all the states, the electors are chosen either by the people by a general ticket, or by the state legislature. The choice in districts has been gradually abandoned; and is now persevered in, but by two states. The inequality of this mode of choice, unless it should become general throughout the Union, is so obvious, that it is rather matter of surprise, that it should not long since have been wholly abandoned. In case of any party divisions in a state, it may neutralize its whole vote, while all the other states give an unbroken electoral vote. On this account, and for the sake of uniformity, it has been thought desirable by many statesmen to have the constitution amended so, as to provide for an uniform mode of choice by the people.

§ 1467. The remaining part of the clause, which precludes any senator, representative, or person holding an office of trust or profit under the United States, from being an elector, has been already alluded to, and requires little comment. The object is, to prevent persons holding public stations under the government of the United States, from any direct influence in the 42