Table of Contents 

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Alfred de Grazia:

PUBLIC & REPUBLIC : Political Representation in America



[1] Maude V. Clarke, Medieval Representation and Consent (1936), p.289.

[2] Roberto Michels, First Lectures in Political Sociology (1949) p.126.

[3] W E P Lecky, History of the Rise and Influence of the Spirit of Rationalism in Europe (1866) Vol I; A L Lowell, The Government of England (1920), pp. 508-09.

[4] B. Malinowski, Crime and Custom in Savage Society (1926); L H Morgan, The League of the Iroquois (1904); W.C. McLeod, Origins and History of Politics (1931), on types of confederation government and representative government, chap. xviii.

[5] Julius Goebel, Jr., Cases and Materials on the Development of Legal Institutions (1937), pp. 627-57; Edward Jenks, Law and Politics in the Middle Age (1898); Munroe Smith, The Development of European Law (1928), p 143.

[6] Leges Edwardi Confessoris (Prologue), quoted in Clarke, Medieval Representation, p 284; Goebel, Cases and Materials, pp, 56, 120 Jenks, Law and Politics, pp. 125 ff.; C H McIlwain," Medieval Estates," The Cambridge Medieval History, Vol. VII, p 667.

[7] Glasser v U.S., 60, 86; Smith V Texas, 311 U.S. 128, 130 (1940); Thiel V. So Pacific Co., 328 U.S. 217 (1946).

[8] F. E. Luepp," Do Our Representatives Represent," Atlantic Monthly CXIV (1914), 433; Robert Luce, Legislative Principles (1930), p 497 A. F. Bentley Process of Government (1908) chap. xx.

[9] "Representation," Encyclopedia Britannica; Thomas Hobbes, Leviathan, Part I, chap xvi.

[10] For definition and discussion of these terms used here only suggestively, see Robert E. Park," The City," American Journal of Sociology, XX (1914-15), 593; Graham Wallas, The Great Society (1914); Werner Sombart, The Quintessence of Capitalism (1915) Vol. I Book II secs I and 2.

[11] A short study of representative-constituent contacts may be found in J.P. Chamberlain, Legislative Process, National and State (1936).

[12] In Locke, Book II, especially chap xi

[13] T. V. Smith, The Legislative Way of Life (1940) p. 15.

[14] Constitution of Union of Soviet Socialist Republics (1936), chap xi; Herman Finer, Mussolini's Italy (1935); F. L. Schuman, The Nazi Dictatorship (1935).

[15] Rousseau, Social Contract (1762), Book III, chap xv; V Pareto, Traité de Sociologie Générale (1917), trans. by A. Livingston as Mind and Society (1935), sec. 2244; Koellreuter, Grundriss der Allegemeinen Staatslehre, quoted in R. de V. Williamson,"The Fascist Concept of Representation," Journal of Politics, III (1941) 114. See also "Rappresentanza," Enciclopedia Italiana (ed. 1935).

[16] John of Salisbury, Policraticus (ed. 1927), pp 65-6.

[17] From The Collected Poetry of W.H. Auden, pp 142-3. Copyright 1945 by Random House, Inc. and Faber, Ltd. Reprinted by permission of Random House, Inc. and Faber and Faber, Ltd.


[1] W. A. Orton, The Liberal Tradition (1945), chaps iv, v, vi, P. W. Buck, The Politics of Mercantilism. (1942)

[2] L. F. Brown," Ideas of Representation from Elizabeth to Charles II," Journal of Modern History, XI (1939), 23.

[3] Sir George Cornwall Lewis, Remarks on the Use and Abuse of Some Political Terms (1898), pp. 105-9. More modern authorities are less emphatic on the importance of the taxing function of early Parliaments; see for example, Stephenson "Taxation and Representation in the Middle Ages," Haskins Anniversary Essays in Medieval History (1929). But our concern here is over procedure.

[4] Magna Carta, 1215, chaps, Xii, xiv; W. S. McKechnie, Magna Carta (1905), pp. 248-55.

[5] Maude V. Clarke, Medieval representation and Consent (1936), p. 325; Modus Tenendi parliamentum, IV.

[6] Edward and Annie G. Porritt, The Unreformed House of Commons (1903), Vol. I, Chap. ii.

[7] May McKisack, Parliamentary Representation of the English Boroughs During the Middle Ages (1932), passim; see also Ludwig Riess, The History of the English Electoral Law in the Middle Ages (1940), especially chap. iii.

[8] McKisack, Parliamentary Representation, p. I19.

[9] The material in this important work of J. E. Neale, The Elizabethan House of Commons (1949).

[10] R. H. Tawney," The Rise of the Gentry, 1558 -1640," Economic History Review, XI (1949), I.

[11] An interesting account of a contested election during the Long Parliament is contained in Mary Reno Frear," the Election at Great Marlow in 1640," Journal of Modern History, Xiv (1942), 433.

[12] Wilkinson," The Political Revolution' of the Thirteenth and Fourteenth Centuries in England," Speculum, XXIV (1949), 502, 508, fn. 16. The Materials of the next paragraph are drawn from this article. Cf. L. F. Brown," Ideas of Representation from Elizabeth to Charles II'': Gaines Post," Plena potestas and Consent in Medieval Assemblies," Traditio, I (1943), 335, and his review of George L. Haskins' "Growth of English Representative Government" in Speculum, XXIV (1949), 120.

[13] De Republica Anglorum, I, 49.

[14] Otto von Gierke, The Development of Political Theory (1939), pp. 242, 248. The discrepancy between these pages and von Gierke's conclusions that organic representation did not appear in England results, I believe, from the fact that he was using a medieval standard of almost "absorptive" representation to define his "matured concept."

[15] Institutes, part IV, I 14. He wrote, part II, 525, that "per commen de tout royalme" meant "by the common assent of the realm by authority of parliament ...; for it connot be per communitatem Angliae, but by Parliament ..." Of Cardinal Wolsey, Coke wrote (Institutes, part II, 625)," he hated both parliaments, and the common lawes (the principal to keep greatness in order, and due subjection...)." Also see his comment on the "Statutum de Westminister Primer," Part II, 156-7, and IV, 31.

[16] Porritt and Porritt, The Unreformed House, p.379. On his speech to his First Parliament, James declared: "If you bee I cannot bee poore. If you bee happy I cannot but bee fortunate, and I protest that your welfare shall ever bee my greatest care and contentment." The political Works of James (ed. C. H. Mcllwain, 1918), p. 278.

[17] Porritt and Porritt, The Unreformed House, p.392.

[18] English Works, VI, 282. Quoted in Don M. Wolfe, Leveller Manifestoes of the Puritan Revolution (1944), P.2.

[19] Leviathan (ed. 1914), P.85.

[20] Giovanni Gentile, Che Cosa'e il Fascismo (1925), P.91. We speak here of the principal idea in Fascist idea of representations.

[21] Leviathan, chap. XViii.

[22] Ibid., p. 91.

[23] Locke himself (Second Essay on Civil Government, chap. Xiii, sec. 151), reduces monarchical representation to its final English proportions: "The image, phantom, or representative of the commonwealth, acted by the will of the society declared in its laws, and thus he has no will, no power, but that of the law."

[24] %Regall Tyrannie Discovered" (1646), Wolfe, Leveller Manifestoes, p. 17. The tracts and cited in the following paragraphs are from Wolfe's edition.

[25] "An Appeale from the degenerate Representative Boby of the Commons of England assembled At Westminster" (1647), pp. 157 ff.

[26] See "An Appeale, etc."

[27] From Don M. Wolfe, Leveller Manifestoes of the Puritan Revolution, p. 113. Copyright 1994 by Don M. Wolfe. Reprinted by permission of Don M. Wolfe.

[28] p.288.

[29] "Walwyn's Just Defense" (1949), p. 58. See Christopher Hill et al., The English Revolution, 1640 (1940) especially chap. ii, on "Contemporary Materialist Interpretations of Society in the English Revolution," Wherein a Marxist interpretation is applied to segregate the interests struggling for power.

[30] Wolfe, Leveller Manifestoes, p.11.

[31] "The Free-Mans Freedome Vindicated," p. 8.

[32] pp. 402-03.

[33] This is a cardinal demand of the Levellers: cf. First Agreement, p. 226.

[34] Officers," Agreement of the People" (1649), p. 343: also pp. 271, 299.

[35] Third "Agreement of the People" (1649), p. 408.

[36] Ibid., pp. 400 ff.

[37] "An Appeale," p. 189.

[38] Third "Agreement of the People," p. 409.

[39] Ibid., p. 408. Also, "The petition of March, 1647," p. 140.

[40] "No Papist nor Presbyterian" (1647, p. 307.)

[41] Third "Agreement," pp. 406 ff.

[42] "Rash Oaths Unwarrantable," p. 29.

[43] Theodore W. Dwight,"James Harrington," Political Quarterly, II (1887), 13.

[44] James Harrington, Oceana, ed. by S. B. Liljegren (1924), pp. 53, 65 ff., passim.

[45] Ibid., pp. 159-61.

[46] Stella Kramer," The English Craft Gilds and the Government," Columbia University Studies, XXIII (1905), 445: Charles Gross, Gild Merchant (1890).

[47] John Locke, Fundamental Constitutions for the Government of Carolina (1669). He was closely associated at this time with his friend and patron, the Earl of Shaftesbury, who is also noteworthy here for being the probable instigator of the general effort to instruct members of parliament in the elections of 1681. See C. S. Emden, The people and the Constitution (1933), p. 15.

[48] See especially, Second Essay on Civil Government, chap. xi.

[49] Second essay, p. 184.

[50] W. Kendall, John Locke and the Doctrine of Majority Rule (1941).

[51] Second essay, secs. 154-6.

[52] Ibid., secs. 157-8.

[53] "Discourses on Government," The Works of Algernon Sidney (1772), p. 496.

[54] Ibid., p. 497.

[55] Ibid., p. 499.

[56] Charles Davenant, "Essays Upon peace at Home and War Abroad (1704)," in Works (1771), Vol. IV, p. 294.

[57] Philip A. Gibbons, Ideas of Political representation in Parliament, 1660-1832 (1914).

[58] W. E. P. Lecky, A History of England in the Eighteenth Century (1888), Vol. I, pp. 2-5.

[59] The material in these paragraphs is best covered in Porritt and Porritt, The Unreformed House; Lecky, A History of England.

[60] Jeremy Bentham, Plan of parliamentary Reform (1817), p. 116.

[61] Porritt and Porritt, The Unreformed House, p. 311.

[62] Lecky, A History of England, pp. 5-6.

[63] H. F. Witmer, The property Qualification of Members of Parliament (1943).

[64] Cf. Paul Mantoux, The Industrial Revolution in the Eighteenth Century (1928), p. 190.

[65] Lecky, A History of England, p. 249.

[66] S. C. Holt 524 (1703), 2 Lord Raymond 938, I Hs. of Lds., 417.

[67] J. A. Thomas writes that, after a long decline the supremacy of landed Interests in the Commons may be stated to have definitely disappeared by 1865. The House of commons 1832-1901 (1939), p. 9. Similarly G. L. Dickinson, The development of Parliament During the 19th Century (1895), pp. 85-6.

[68] Porritt and Porritt, The Unreformed House, p. 328.

[69] John Toland, in his The Art of Governing by Parties (170I), also urged annual elections, restrictions on electioneering, more equal distribution of seats, a land qualification, and an end to violent factionalism and has an interesting idea of the "good representative" (p.174).

[70] Porritt and Porritt, The Unreformed House, p.279.

[71] Lecky, A History of England, p.250. L.B. Namier, The Structure of Politics at the Accession of George III (1929), disputes Lecky's strong language and writes (Vol.I, pp. 206-07): "The truth of the matter is that the landed nobility and gentry of Great Britain (like British trade) are found Dying whenever their condition is examined, but that in each generation their ranks and fortunes are restored by an infusion of blood and treasure from those who have acquired wealth in the (ever declining) trade."

[72] Charles A. and Mary R. Beard, The Rise of American Civilization (1934), Vol. I, pp. 209-II.

[73] But cf. John Somers' The Subjects Right of Petitioning Set Forth (1701), in which the writer supports the Kentish Petitioners in part on the right of the full constituency to instruct. (Pp.49-53.)

[74] William Blackstone, Commentaries on the Laws of England (IIth ed., 1791), Vol.I, Book I.

[75] Yonge's statement is contained in Porritt and Porritt, The Unreformed House, p.271.

[76] "A Letter to a Noble Lord" (1796), Defending Burke's right to a pension office from the King. Works(ed. 1866), Vol.V.

[77] Alfred Cobban, Edmund Burke and the Revolt Against the 18th Century (1929), chaps. ii and iii; Laski, Political Thought in England from Locke to Bentham (1920), chap. vi.

[78] "Observations on the Conduct of the Minority" (1793), Works, pp. 45-6; cf.Hooker's, The Laws of Ecclesiastical Polity (1594).

[79] "Speech to the Electors of Bristol" (1774), Works, Vol. II, p.12.

[80] "Thoughts on the Cause of the present Discontents," Works, Vol.I, p.492.

[81] "Observation on the Conduct of the Minority," Works, Vol.I, pp.48-9.

[82] Ibid., p. 49. cf. "Appeal from the New to the Old Whigs," of which Mario Einaudi has written that there might be revealed "an enunciation of the doctrine of the political class, anterior to the idea of Saint Simon who was considered by Mosca, the greatest proponent of the doctrine, to be its first expositor." (Edmondo Burke e Pindirizzo storico nelle scienze politiche.) Also on Burke's theory of oligarchy, which we cannot examine in detail here, see Robert M. Hutchins,"The theory of Oligarchy: Edmund Burke," The Thomist (Jan., 1943), p. 64.

[83] Observations on a Late Publication Intitulated "The present State of the Nation" (1769), Works, Vol. I, p. 271.

[84] Thoughts on the Cause of the present Discontents, Works Vol. I, pp. 522 ff.

[85] Ibid., P. 471.

[86] Ibid., p. 491.

[87] Ibid., p. 492.

[88] Ibid., p. 92.

[89] Ibid., p. 508.

[90] Ibid., P. 521.

[91] Letters of Edmund Burke (ed. 1922), P. 234: see also his "Speech on a Bill foe Shortening the Duration OF Parliaments," Works (ed. 1872), Vol. ii p. 462 FF.

[92] Observations on a Late publications Intituled "The Present of the Nation" (1769), Works, Vol., I, PP. 372 ff.

[93] Letter to Sir Hector Langrishe, 1797. Works, Vol. IV, p.293.

[94] For Similar statements, see William Paley, Moral and Political Philosophy (1785), contained in Works (1857), pp. 123-4. 127-8.

[95] Gibbons, ldeas of political Representation, p. 37.

[96] G. S. Veitch, The Genesis of Parliamentary Reform (1913), demonstrates the lack of sympathy between parliamentary reformers and Whig economic reformers.

[97] "State of Representation of the Commons," Works, II, p. 468.

[98] "Preface to the French Edition," Rights of Man (1792).

[99] Kent, The English Radicals (1899), pp. I-167: Elie Halevy, The Growth of Philosophical Radicalism (transl. by M. Morris, ) 1928).

[100] Parliamentary History of England, Vol. XXX covering 1792-1994, pp. 787-926.

[101] Bentham, Plan, p. 101.

[102] Kent, The English Radicals, pp. 70-5, is the source of the materials contained in the next paragraphs.

[103] Love of Our Country (1789). This sermon was the occasion of Burke's composition of his Reflections on the French Revolution.

[104] Kent, The English Radicals, pp. 84 ff. Porritt, The Unreformed House, pp. 263 ff.

[105] Lecky, A History of England< Vol. III, P> 410. The next wave of instructions followed the Reform Act of 1832 (Dickinson, Development of parliament, p. 78), but did not receive as much Radical support, James and John Stuart Mill both opposed instructions.

[106] Wyvill's Political Papers (cited in Benthan, Plan, appendix) I, 442-80; 253-5; 636-75; 372-442. Porritt and Porritt, The Unreformed House, pp. 9, 91.

[107] Bentham, Plan, p.17.


[1] General material on the political theory of the colonies may be found in; Charles E. Merriam, A History of American Political Theories (1913); V.L.Parrington, The Colonial Mind (1927), ; M.W.Jernegan, The American Colonies, 1492-1750(1929).

[2] On the charters see: J.T.Adams, The Founding of New England (1921); L.P.Kellogg," The American Colonial Charter," American Historical Association Reports, I (1903), 185; W. Smith, The Founding of Virginia (1865).

[3] Charles A. and Mary R. Beard, The Rise of American Civilization (1934), summarize local provisions in Vol. I.pp.86-90; Jernegan, The American Colonies, chap. iv; cf. W.E.P.Lecky, A History of England in the Eighteenth Century (1888), Vol. I, pp. 184ff.

[4] The source book of greatest utility to the student of colonial representative practices is Cortlandt F. History of Elections in the America Colonies (1893); A. E. Mckinley, The Suffrage Franchise in the Thirteen English Colonies in America (1905), has a wealth of material also.

[5] C. M Andrews, Colonial Self-Government 1652-1689 (1904), pp. 139 ff; Bishop, History of Elections, pp. 39-40; Beard, rise of American Civilization, Vol. I, p. 66.

[6] Bishop, History of Elections, p. 20.

[7] "Writ Calling the Second Assembly," 1638- 39, in Bishop, History of Elections, p. 246.

[8] Ibid., pp. 66-9.

[9] Ibid., chap. i; c. Seymour and D. P. Frary, How the World Votes (1918), Vol. I, chap. X.

[10] This practice was discontinued after the general election of 1686 and the governor was thereafter appointed by the Crown. Bishop, History of Elections, pp. 2-6. See also G. H. Haynes, History of Representation and Suffrage in Massachusetts, 1620-1691 (1894), pp. 12- 16; 30-5; 39-45.

[11] Robert Treat Paine, Jr.," Massachusetts, Historic Attitude in Regard to Representive Government," Arena, XIX (1907), 14. Robert Luce, Legislative Principles (1930), pp. 448-59.

[12] Bishop, History of Elections, p. 110.

[13] Ibid., pp. 69-90

[14] Seymour and Frary, How the World Votes, pp. 229-I: Bishop, History of Elections; McKinley, The Suffrage Franchise, believes that the impulsion toward a more restricted suffrage came not only from the Crown but from colonial property holders as well (p.485).

[15] Bishop, History of Elections, pp. 69-86.

[16] Ibid., pp. 79-80; Seymour and Frary, How the World Votes, pp. 215-16.

[17] McKinley, The Suffrage Franchise, provides examples of legislation to stimulate full voter participation.

[18] Spencer D. Albright, The American Ballot (1942), chap. i; Douglas Campbell," The Origin of American Historical Association, V (1891), 165.

[19] Bishop, History of Elections, p. 129.

[20] Ibid., p. 129; Seymour and Frary, How the World Votes, p. 221.

[21] Bishop, History of Elections, pp. 120-7.

[22] Ibid., pp. I0-II; McKinley, pp. 444-5; C. S. Lobingier, The People's Law (1909), pp. 77-87.

[23] R. H. Tawney, Religion and the Rise of Capitalism (1926), p. 212.

[24] Parrington, The Colonial Mind, pp. 62-76: William Warren Sweet, The Story of Religion in America (1930), chap. v; Don M. Wolfe, Milton in the Purtian Revolution (1941), pp. 30-6.

[25] "The Bloudy Tenent Yet More Bloudy," quoted in Parrington, The Colonial Mind, p. 69.

[26] Sweet, The Story of Religion, p. 100.

[27] Bishop, History of Elections, p. 257. The growth of government in Rhode Island was the archetype of direct democracy, going from meeting to representative government in measurable stages. Cf. McKinley, The Suffrage Franchise, pp. 430-45. In contrast see e. I. Miller, The Legislature of the Province of Virginia (1907), pp. 40-5.

[28] To Frederick J. Turner is due most credit for the recent striking advances in the study of the of the American frontier. In the above connection see his The Frontier in American History (1920), chaps. i-iii; also v. w. Craven, The Southern Frontier, 1670-1732 (1929); W. A. Shafer," Sectionalism and Representation in South Carolina," American Historical Reports, I (1900), 237; J. A. C. Chandler, Representation in Virginia (1896); Hockett, Western Influences on political parties to 1825 (1917), pp. I-27.

[29] "A Remonstrance of the Distressed and Bleeding Frontier Inhabitants of the province of Pennsylvania," in Henry Steele Commager, ed., Documents of American History (1935), Vol. I. P. 50. Cf. Jernegan, The American Colonies, p. 292; cf. also Turner, The Frontier, pp. II0-ii; B. W. Bond, Jr.," Some Political Ideals of the Colonial Period as They were realized in the Old Northwest," in Essays in Colonial History (1931); B. F. Wright," Political Institutions and the Frontier," in sources of Culture in the Middle West (D. R. Fox, ed., 1934).

[30] Max Farrand," The West and the Principles of the Revolution," Yale Review, XVII (1908), 44, 55.

[31] Perry Miller, The New England Mind (1939), esp. chap. xiv; G. h. Haynes, Representation and the Suffrage in Massachusetts 1620-1696; h. l. Osgood," Political Ideas of the Puritans," Political Science Quarterly, VI (1891), I.

[32] See V.L.Parrington, The Romantic Revolution in America (1930), Book III.

[33] Ernst Cassirer, The Myth of the State (19461, chaps. xv., xvii. Burke said: "Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their own appetites." Letter to Dupont (1789), Selected Letters (ed.1922), p.269.

[34] Miller, New England Mind, p.423.

[35] From Perry Miller, The New England Mind, p.398. Copyright 1399 by Perry Miller, Reprinted by permission of Perry Mind, p.45.

[36] Parrington, The Colonial Mind, p.45.

[37] From Perry Miller, The New England Mind, p.423. Copyright 1939 by Perry Miller. Reprinted by permission of Perry Miller.

[38] Karl Mannheim, Ideology and Utopia (transl. by Louis Wirth and Edward Shils, 1936), p.I05.

[39] Parrington, The Colonial Mind, p.43. Note the striking difference between this idea and the Madison-Hamilton scheme of mutually checking private interests.(See chap.iv., infra). The next three quotations are also from Parrington, pp.46, 47, and 32.

[40] The Laws of Ecclesiastical Polity, Book VIII, chap. i, paragraph 5, quoted in Tawney, Religion and The Rise of Capitalism, p.166. Church and state were not at all separated in operation, Tawney points out, The Virginia vestry of this period, as Kimborugh Owen shows in a forthcoming publication, combined church-state function in local government.

[41] From Perry Miller, The New England Mind, pp.416, 429. Copyright 1939 by Perry Miller. Reprinted by permission of Perry Miler. Cf. Philip W.Buck, Politics of Mercantilism, v.

[42] Miller, New England Mind, pp.420-7.

[43] Quoted in P.H.Odegard and E.A.Helms, American Politics (1936), p.361.

[44] Works containing a good deal of material relating to the political views of the commercial classes throughout this period are; J.T.Adams, Revolutionary New England, 1691-1776 (1923); Carl Becker, The History of Political Parties in the Province of New York, 1760-1776 (1918); C.H.Van Tyne, The Causes of the War of Independence (1922), chaps. v and viii.

[45] A.M.Schlesinger, New Viewpoints in American History (1922), p.I14. Cf. C.M.Walsh, The Political Science of John Adams (1915), chaps, i. v-vi.

[46] For the role of the urban non-owning classes, see Jernegan, The Laboring and Dependent Classes in Colonial America, 1670-1783 (1931), chaps. i-iii...

[47] M.P.Clarke," Parliamentary Privilege in the American Colonies," Essays in Colonial History (1931) pp.112 ff. This is an excellent essay showing the conscious and unconscious transference of British parliamentary procedure and privilege to the colonial legislature. Legislative privilege was effectively used in augmenting the prestige and power of the colonial assemblies against the colonial governors.

[48] "Spotswood Letters," Virginia Historical Collections, New Series, II (1885), 134. Quoted in Merriam, American Political Theories, pp. 32-3.

[49] Beard and Beard, Rise of American Civilization, Vol. I, pp. I12ff.

[50] Randolph G.Adams, Political Ideas of the American Revolution (1922), provides in chap. iv.a history of the various forms which the fight over taxation as sumed. F.J.Hinkhouse has an excellent chapter on the "Constitutionality of Representation" in his The Preliminiaries of the American Revolution as Seen in the English Press, 1763-1775 (1926).

[51] The first to read a wider meaning of a political nature into this phrase was the Chronicler of Malmesbury, Vita Edwardi II (a. 1325 A.D.), p. 170; see Maude Clarke, Medieval Representation, p.161, Clarke distinguishes this form of consent which had an ecclesiastical origin from the feudal doctrine of consent drawn out of individual contracts (p.259). The English, as well as the Colonists, however, had long since joined the phrase to the individual contract idea (e.g., Colonists, however, had long since joined the phrase to the individual contract idea (e.g., Coke's commentary on "Stat. de Tallagio non Concedendo," Institutes, 2nd part [ed.1809], pp.530-5).

[52] He recommended representation by "numbers and estates" in some proportion in Parliament as a means of uniting the Empire. James Otis, The Rights of the British Colonies Asserted and Proved (1764), p.99.

[53] Regulations Lately Made Concerning the Colonies (1765), p. I09.

[54] See also John Dickinson on the theory of taxation and representation," Letters of a Farmer in Pennsylvania" (1768), Memoirs of the Historical Society of Pennsylvania, XIV (1895), 277.

[55] Apart from its argumentative aspects, this theory of the nature of representation is noteworthy in defining precociously the possibility of accomplishing representation by extracting by extracting the typical elements in a society.

[56] The colonists later found this point could be turned against them, because regulations of external trade were capable of board interpretations. See R.G.Adams, Political Ideas of The American Revolutions.

[57] "The Earl of Clarendon to Wm. Pym," Boston Gazette, Jan.27, 1766, in Works, (ed.1851) Vol. III, pp.477-83.

[58] Walsh, The Political Science of John Adams (1915), chap. ii.

[59] The process by which the idea of collective and complete democratic representation was arrived at, we should remember, is one of expansion of sovereignty as well. The monarch first granted the Commons the privilege of assenting to taxation as a political device for collecting more money with less difficulty than the feudal system allowed (cf. Stephenson," Taxation and Representation"). By continually redefining the meaning of "no taxation without representation," a constitutional position was reached wherein all representation was contained in the one slogan. Whereupon representation became a "rational," "direct" relationship and the other more or less representative elements of the Constitution were emptied of power or sloughed off.

[60] L.B.Namier, England in the Age of the American Revolution (1930), pp.267-8.


[1] R.G.Adams, Political Ideas of the American Revolution (1922), provides excellent material on the breaking of the theoretical consenus; Charles A.and Mary R.Beard, Rise of American Civilization (1934), Vol. I, chaps. v, vi, and vii, on the changing socioeconomic consenus; George M.Dutcher," The Rise of Re-publican Government in the United States." Political Science Quarterly, LV (1940), 199.

[2] C.H.Mcllwain," The Historical Background of Federal Government," in Roscoe Pound et al., Federalism as a Democratic Process (1942), pp. 31, 39-42.

[3] C.H.Van Tyne," Sovereignty in the American Revolution," American Historical Review, XII (1906), 529.

[4] Josiah Bartlett wrote on June 17, 1776, that "the affair of voting, whether by colonies as at present, or otherwise, is not decided, and causes some warm disputes." Quoted in Edmund Cody Burnett, The Continental Congress (1941) p. 214, from which were drawn the materials on which the analysis in the following six paragraphs is based.

[5] Cf. the speech of Luther Martin to the Maryland legislature following the Convention, in Max Farrand, The Records of the Federal Conventions of 1787 (1937), Vol. III, Document CLVIII, pp. 172ff. Also see Wm. Seal Carpenter, Democracy and Representation (1925), chaps. i; Andrew C.McLaughlin, The Confederation and the Constitution (1905), chaps, xi-xiii; C.E.Merriam, A History of American Political Theories (1913), chap. iii; Max Farrand, The Framing of the Constitution of the United States (1913), chaps i and ii; R.J.Hooker," The Background of Federal Union," Common Cause II (1947), 47.

[6] Charles A.Beard, An Economic Interpretation of the Constitution of the United States (1913), Vol. I, p.331.

[7] John S.Bassett, The Federalist System (1906), chaps. i, ii, iii, ix, and xvii-xix.

[8] Merriam, American Political Theories, chap. vii; Alexander H.Stephens, A Constitutional View of the Late War Between the States.

[9] From Max Farrand, Records of the Federal Convention of 1787, Vol. I, p. 561. This and the following quotations are copyright 1937 by Yale University Press. They are reprinted by permission of Yale University Press. Hereafter the work will be cited as Records.

[10] Records, Vol. I, p.562.

[11] Ibid, Vol. III, p.337.

[12] Jonathan Elliot, ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution (1836-45), Vol. II, p.320.

[13] Records, Vol. III, pp.193-4.

[14] Ibid., Vol. I, p. 133.

[15] Ibid., Vol. I, p. 405-06.

[16] McLaughlin, The Confederation and the Constitution, chap.xv. Cf. also Martin's speech to the Maryland Legislature in Records, Vol. III, p. 217, where he points out that a popularly elected President is a nationalist device; Federalist, No.39.

[17] McLaughlin, The Confederation and the Constitutions, chaps. iv, v, ix, x.

[18] Merriam, American Political Theories, p. 76.

[19] Note that the Federalist avoids direct treatment of this point. Cf. Federalist, No.I0.

[20] Records, Vol. I, pp. 421-3.

[21] Works, Vol VI, p. 166.

[22] Records, Vol. I, p.48.

[23] Ibid., Vol.I, pp.48-50.

[24] Ibid., Vol. I, p.50.

[25] Ibid., Vol. I, p.138.

[26] Ibid., Vol. I, pp....50, 134.

[27] Ibid., Vol. II, p.20I.

[28] Ibid., Vol. II, p.202.

[29] Ibid., Vol. II, p.202.

[30] Ibid., Vol. II, p.206-03.

[31] Ibid., Vol. II, p.206.

[32] Ibid., Vol. II, pp.273-4.

[33] Ibid., Vol. II, p.275.

[34] Ibid., Vol. II, p.278.

[35] Ibid., Vol. II, p.278-9.

[36] Ibid., Vol. II, p.279.

[37] Ibid., Vol. II, p.514.

[38] Madison's expression in Records, Vol. II, p.I06.

[39] Records, Vol.II, p.I06. Cf.a somewhat divergent interpretation of this clause by Rufus King in the Massachusetts Convention, Records, Vol. III, p.255.

[40] Veazie Bank v.Fenno (1869), 8 Wall 533; Springer v.U.S. (1880), I02 U.S.586. In the Convention, when King asked what was the precise meaning of direct taxation, no one answered. Records, Vol. II, p.350.

[41] Ibid., Vol.I, p.582.

[42] Ibid., Vol.I, p.587

[43] Ibid., Vol.I, pp.560-I

[44] Ibid., Vol. I, p.253

[45] Ibid., Vol.IV, pp.29ff

[46] Ibid., Vol.I, pp.533-4

[47] Ibid., Vol.I, p.135

[48] Hamilton in the New York Convention, 1788; Elliot, Debates, Vol. II, p.320.

[49] Federalist, No. I0.

[50] Records, Vol. I, p. 136; Cf. Records, Vol. I, p.431.

[51] James Madison, Writings (ed.1900-I0), Vol. V, p.17.

[52] Annals of Congress, Vol.I, pp. 138ff.

[53] Federalist, No.56.

[54] Federalist, No.57. Also Madison in No.46.

[55] Works, Vol.II, p.21.

[56] Federalist, No.I0.

[57] Records, Vol. I, pp.299 ff.

[58] Lynton K.Caldwell, The Administrative Theories of Hamilton and Jefferson (1944), Part I.

[59] John Adams, working on his admired English model, was primarily responsible for evolving the new form of plural representation.

See Walsh, The Political Science of John Adams (1915), pp.304 ff.

[60] R.G.Adams, Political Ideas; Philip Davidson, Propaganda of the American Revolution (1941); Merriam, American Political Theories, chap.ii.

[61] Malcolm R.Eiselen, Franklin's Political Theories (1928), p.80.

[62] Records, Vol. I, pp.204-05, 208.

[63] Gladys Meyer, Free Trade in Ideas: Aspects of American Liberalism Illustrated in Franklin's Philadelphia Career (1941), chap.v.

[64] Records, Vol.I, p.48.

[65] Eiselen, Franklin's Political Theories, p.68; Records, Vol. I, p.197.

[66] Eiselen, Franklin's Political Theories, p.217.

[67] Burnett, The Continental Congress, p.223.

[68] Records, Vol. I, pp.498, 507.

[69] Ibid., Vol.I, p.I19.

[70] Works, Vol.II, p.150.

[71] Agrarian Justice (Paris, 1795), in Complete Writings of T.Paine (ed.1945), Vol.I, p.620.

[72] Ibid., p. 607.

[73] C.B.Kent, The English Radicals (1899), pp.I12-17.

[74] V.L.Parrington, The Colonial Mind (1927), pp.332-3.

[75] Saul K.Padover, Jefferson (1942); cf. Charles A. Beard, The Economic Origins of Jeffersonian Democracy (1915), chap. xiv, for a more restrained view of Jefferson's democratic ideas.

[76] Democracy by Thomas Jefferson (ed.Saul K.Padover, 1939), p. 127.

[77] Ibid., Letter to Dupont de Nemours, 1816, p.29.

[78] Ibid., Letter to J.Taylor, 1816, pp.61-2.

[79] Jefferson to King, November 19, 1819, Archives of the Huntington Library, San Marino, California. Quoted by Robert de Vore," Gallery Glimpses," Washington Post (April 4, 1943), p.4B.

[80] Democracy, by Thomas Jefferson, Letter to J.Moor, 1800, pp. 58-9.

[81] Ibid., Letter to Baron von Humboldt, 1817, p.53. See also A.C.McLaughlin," Social Compact and Constitutional Construction," American Historical Review, V (1899), 467.

[82] Henry Streele Commager, Documents of American History, I, p.187.

[83] Democracy, by Thomas Jefferson, p.I04.

[84] R.G.Adams, in his Introductory essay to Selected Political Essays of James Wilson (1930), gives a sketch of Wilson's life and the background of his work. See also A.C.McLaughlin," James Wilson and the Constitution," Political Science Quarterly, XII(1897), I.

[85] Ibid., Vol.I, pp.68-9.

[86] Ibid., Vol.I, pp.68-9.

[87] Ibid., Vol.I, p.361.

[88] Ibid., Vol.I, p.132.

[89] Ibid., Vol.I, p.185.

[90] Ibid., Vol.I, pp.179-80.

[91] Ibid., Vol.I, p.180.

[92] Ibid., Vol.I, p.605.

[93] Works, Vol. II, p. II.

[94] Ibid., Vol. II, p.16.

[95] Blackstone, Commentaries, Vol. I, pp. 171-2.

[96] Records, Vol. II, pp.287-8.

[97] Essays, pp.59-61.


[1] Richard Hildreth, Theory of Politics: An Inquiry into the Foundations of Government, and the Causes and Progress of Political Revolutions (2nd ed., 1854), p.266.

[2] Pp.3-4.

[3] See, e.g., Frederick Grimke, Considerations Upon the Nature and Tendency of Free Institutions (1849); Arthur A.Ekirch, Jr., The Idea of Progress in America, 1815-1860 (1944); Alexis de Tocqueville, Democracy is America (ed.1946), Vol.II, pp.33-4.

[4] De Tocqueville, Democracy in America, Vol. I, p.255-6.

[5] John S.Bassett, The Federalist System (1906). "So much did they (the Federalists) bring into contempt the idea of government by the superior classes, that no capable politician since 1800 has dared to place his cause on any other ground than the will of the people" (p.296).

[6] Charles A.Beard, The Economic Origins of Jeffersonian Democracy (1915), pp.463-4.

[7] Charles Seymour and D.P.Frary, How the World Votes (1918), chap. xi; Kerk H.Porter, The History of Suffrage in the United States (1918), chaps.ii-v.

[8] James Kent, Commentaries on American Law (1840), Vol. I, p.229. A rich source of materials on the political fate of conservatism is Dixon R.Fox, The Decline of Aristocracy in the Politics of New York (1918).

[9] N.H.Carter et al., Reports of the Proceedings and Debates of the Convention of 1821 (1821), p.221.

[10] Carter, Reports, p.235.

[11] Cf. Proceeding and Debates of the Virginia State Convention of 1829-30, and the Journal of Debates and Proceedings in the Convention of Delegates, chosen to revise the Constitution of Massachusetts.

[12] The Constitution of South Carolina, as amended in 1808 and maintained until the Civil War, and the Constitution of New Hampshire were interesting exceptions to the practice of basing representation on persons.

[13] Thomas Hart Benton, Thirty Year's View (1854-6), Vol. I, chap. lvii, attacks de Tocqueville's proposals for indirect election of representatives.

[14] Benton presented an interesting alternative to the electoral system. He proposed election by the people of pledged electors by districts. Thirty years' View, Vol. I, chaps. xv. xxviii. See also chap. xix on the role of Congress and the Caucus in electing the President.

[15] C.E.Merriam, A History of American Political Theories (1913), p.199.

[16] A.M.Schlesinger, New Viewpoints in American History (1922), p.209, gives an example of how an early Philadelphia labor union demanded free education superintended by persons chosen by the people.

[17] De Tocqueville, Democracy in America, Vol. I, p.67.

[18] Ibid., Vol. I, p.81.

[19] Dec. 8, 1829, in Messages and Papers of the Presidents (1896), Vol. II, p.442.

[20] Merriam, American Political Theories, p.186.

[21] Jackson, in Messages and Papers, Dec.8, 1829.

[22] Jeremy Bentham, Anti-Senatica, Smith College Studies in History (1926), Vol.XI, No. 4, with an introduction by C.W.Everett.

[23] Bentham, Anti-Senatica, p.212.

[24] Ibid., p.234.

[25] Cf. Paul A. Palmer, :"Benthamism in England and America," America Political Science Review, XXXV (1941), 855.

[26] Annals of Congress, Vol.I, pp.138 ff.See supra p.99.

[27] Parke Godwin, Political Essays (1856), pp.40, 41-2.

[28] Robert Luce, Legislative Principles (1930), p.453.

[29] See E.R.Franklin," The Instructions of U.S.Senators by North Carolina," Historical Papers of the Trinity College Historical Society (1907).

[30] He was thinking of the New England townships where representation was actually agency or substitution. He was later to move far to the right.

[31] Luce, Legislative Principles, pp.460-77.

[32] Theodore Roosevelt, Thomas Hart Benton (1887), pp.342-3.

[33] Act of the Commonwealth of Virginia, 1812, pp.143-52.

[34] J.C.Nicolay and J.Hay, Abraham Lincoln, Vol. I, p. 129, quoted in Luce, Legislative Principles, p.471.

[35] Messages and Papers of the Presidents, Vol. II, p.648.

[36] Homer C.Hockett, Western Influences on Political Parties to 1825 (1917), chaps, ii-iii.

[37] G.D.Luetscher, Early Political Machinery in the United States (1903), chap.ii.

[38] Luetscher, Early Political Machinery, chaps.iii and iv; M.Ostrogorski, Democracy and the Organization of Political Parties ( F.Clarke, 1902), Vol.II, pp.I-III.

[39] For an exhaustive treatment of the whole subject of popular ratification see C.S.Lobingier, The People's Law (1909).

[40] Kemper v. Hawkins, I Va. Cases, 28.

[41] M.Ostrogorski, Democracy Vol. II, pp.75 ff, 640 ff.

[42] Ibid., chap.x.

[43] Joseph Story's words, in treating of suffrage, Commentaries on the Constitution of the United States (1833), Vol. I, p.403.

[44] Ostrogorski, Democracy, Vol. II, pp.19 ff.

[45] Luetscher, Early Political Machinery, pp. 26-31.

[46] Luce, Legislative Principles, pp.385-7; Francis Lieber, Manual of Political Ethics ((1881), Vol. II, p.398.

[47] Frank L.Esterquest, State Adjustments to the Federal Constitution (1940), pp.24-5. A Michigan law decreeing that Presidential electors be chosen under a district system was upheld in McPherson v. Blacker, 146 U.S. I (1892).

[48] Luetscher, Early Political Machinery, p.25.

[49] Luce, Legislative Principle, pp. 177-81. He complied it from F.N.Thorpe, The Federal and State Constitution (1909).

[50] Luce, Legislative Principles, p.182.

[51] W.W.Henry, Patrick Henry (1891), Vol, p.441.

[52] Lobingier, People's Law, pp.339-40.

[53] First stated explicitly in the Massachusetts Revolutionary Constitution (1780), Part I, Art. 30; Cf.Resolution passed by the Massachusetts Constitutional Convention (journal, p.22); "Resolved, that it is of the essence of a free Republic that the People be governed by fixed laws of their own making."

[54] Essay on Human Rights, p.63.

[55] T.F.Moran, The Rise and Development of the Bicameral System in America (1895), gives the sources and early growth of bicameralism in the colonies from mixed indigenous and British influences. Massachusetts first adopted a bicameral assembly in 1636; the two houses sat apart after 1644.

[56] C.M.Walsh, The Political Science of John Adams (1915), pp.340 ff; Kent, Commentaries, Vol. I, sec.222.

[57] The leap was not great, e.g., in Vermont, where there already existed a Governor's Council having many of the function of a Senate.

[58] J.T.Carpenter, The South as a Conscious Minority, 1789-1930 (1930), covers thoroughly the various political principles that Southern thought produced to protect state dissent.

[59] For the use of the concurrent majority" in intrastate disputes, see Chauncey S.Boucher, Sectionalism, Representation, and the Electoral Question in Ante-Bellum South Carolina (1916), passim.

[60] De Tocqueville, Democracy in America, Vol. I, p.178.

[61] H.C.Carey, Letters to the President (c.1856), p.27.

[62] James Bryce, The American Commonwealth (2nd ed., 1891), Vol. I, pp.647 ff.

[63] Law Journal, x (1875), 337.

[64] Eunice M.Schuster," Native American Anarchism," Smith College Studies in History (1931-2), XVII. 86, pp.56-7.

[65] Ibid., p.72.

[66] See Walden (1846); cf.Emerson's "Man the Reformer" in Nature: Addresses and Lectures.


[1] A study of the trials of representation and direct democracy in the nineteenth century can benefit the greatly from the study of two articles by Sidney and Beatrice Webb on the development of democracy in the British trade union; "Primitive Democracy in British trade union ", Political Science Quarterly, XI (1896), 397 and Representative Institution in the Trade Union Democracy," in the same volume p. 640.

[2] Charles A. and Mary R. Beard, The rise of American Civilization (1934)Vol. II P.341.

[3] J R Commons calls the conflict one between"an upstart plutocracy and a frenzied democracy. Where now is serious efforts to understand and obviate their conflict there was then astute aggravation of it "A Documentary History of American Industrial society.(1910-11), Vol IX, p.20.

[4] Kirk H. Porter, "The Deserted Primary" in Iowa American Political science Review XXXIX (1945) 732.

[5] Charles E Merriam and Louise Overacker, Primary Election(1928).

[6] Charles E Merriam: American Political Ideas (1920), p. 93.

[7] Hearings Before the Committee On Woman Suffrage, House Of Representatives, 65th Congress (1918), Part ii, 49.

[8] Hearings on Woman Suffrage, p. 248.

[9] Mary Putnam Jacobi, Common Sense Applied to Woman Suffrage (1894), p 180.

[10] Hearings on Woman Suffrage pp. 320ff.

[11] Benjamin P. Dewitt, The Progressive Movement (1915) p. 196.

[12] see p. 159 infra.

[13] Reprinted in Papers Relating to the Elections of Senators by Direct Vote of the People Senate Document No. 512 (1908) 60th Congress Ist Session, pp I-34, 15.

[14] For the "rotten-borough" features of the Senate see J W Burgess,"The Election of U. S Senators by Popular Vote," Political Science Quarterly, XVII (1902), 650; and C.H Wooddy, "Is the Senate Unrepresentative ?" Political Science Quarterly, XLI(1926), 219.

[15] Reprinted in papers relating to the Election of Senators, etc., Document no 512, p.51.

[16] Papers Relating to Amendment of Constitution for Election of Senators by Direct Vote of the People's Senate document No 518 (1908) 60th Congress Ist Session, p.9.

[17] See W B Graves, American State Government (1936) p 139; F L Bird and F M Ryan The Recall Of Public Officers (1930) P.5.

[18] "The initiative Referendum, and Recall," Annals of The American Academy XLIII (1912).The complete issue is devoted to this subject.

[19] Stuart A.Rice Quantitative Methods in Politics (1928), pp.247-9.

[20] H.F.Gosnell and M.J.Schmidt," Popular Law-Making in the United States," in New York State Constitutional Convention Committee, Problems Relating to Legislative Organization and Powers (1938) Vol.VII.

[21] From V.O Key, Jr.and W.W.Crouch, The Initiative and Referendum in California, pp.565-8 Copyright 1939 by the University of California Press. Reprinted by permission of the University Of California press. James W.Pollock, The Initiative and Referendum in Michigan (1940), p.69; "Big Business Attempts to Use the Initiative," American Federalist, XLVI (1939), 38.

[22] A.L.Lowell, Public Opinion and Popular Government (1919), pp 220-23.

[23] A.B Hall, Popular Government (1921) p.140.for examples; also the Pollock study.

[24] Letter published in Problems Relating to Legislative Organization and Powers, P. 392.

[25] Luepp," Do Our Representative Represent ?" p. 440; Harvey Walker," Communication in the Legislative Assembly," Annals, CCL (1947), 59. The "personal attention" to constituent's needs is an aspect of instructions. Cf. J. T. Salter," Personal Attention in Politics," American Political Science Review, XXXIV(1940), 54.

[26] Fortune XVIII (1938), 94.

[27] L. E. Gleeck," 96 Congressmen Make Up Their Minds," Public Opinion Quarterly, III (1940), 3.

[28] F. V. Cantwell " Public Opinion and Legislative Process," American political Science Review, XL (1946), 924. A study of public opinion and communications between Congressmen and the public during the Supreme Court Reorganization Bill debate of 1937. The Taft-Hartley labor bill of 1947 brought to President Truman an all-time peak of 772, 265 private communications (The Chicago Sun, July 22, 1947).

[29] G Gallup and S. F. Rae, The Pulse of Democracy : The Public opinion Poll and How It Works (1940).

[30] Lindsay Rogers, The Pollsters (1949); H. F. Gosnell, Grass Roots Politics (1942), chap. i; also his " The Improvement of Present Opinion Analysis," in D Waples (ed.), print, Radio and Film in a Democracy (1942).

[31] G. W. Hartmann," Judgments of State Legislators Concerning Public opinion," Journal of Social Psychological XXI (1945), I05; Woodward," Public Opinion Polls as an Aid to Democracy," Political Science Quarterly, LXI (1946), 2; G. F. Lewis, Jr; "Congressmen look at the Polls," Public Opinion Quarterly (1940), 229.

[32] M. Ostrogorski, Democracy and the Organization of Political Parties (transl. by F. Clarke, 1902) Vol. II chap viii.

[33] Fred E. Haynes, Third Party Movements Since the Civil War (1916); Nathan Fine, Labor and Farmer Parties in the united States (1928).

[34] Henry Steels Commager, Documents of American History (1935), Vol. II, p. 144.

[35] lbid; Vol. II p.375.

[36] See DeWitt, The Progressive Movement, for an integrated work giving the Progressive viewpoint on many social questions.

[37] Chester M.Destler A American Radicalism 1865-1901: Essays and Documents (1946).

[38] Ibid., p.205

[39] Ibid., p.93

[40] Ibid., 88.Warren in his True Civilization set up a "Deliberative Council" to decide problems otherwise beyond the possibility of individual settlement (pp.2633, et passim).

[41] Science of Society (1st ed.;1852), cited in Schuster, Native American Anarchism, pp.105 ff.

[42] The best treatment of the technical aspects of apportionments is to be found in L F. Schmeckebier, Congressional Apportionment (1941).

[43] Council of state governments,"news bulletin" of the Public Administration Clearing House (Chicago), release no, Feb 3, 1941;E Durfee,"Apportionment of Representation in the Legislature: A Study of state Constitutions," Michigan Law Review, XLIII (1945), 1091; E C. Griffith, Rise and Development of the Gerrymander; Colegrove v Green 328 U S. (1946) is an interesting attempt to force a reapportionment and the court presents a summary of gerrymandering practices.

[44] T. V.Smith The Legislative Way of Life (1940);"Custom, Gossip, Legislation," Social Forces, XVI (1937, 24;"Two Functions of the American State Legislator," Annals of the American Academy, CXCV (1938), 183; "The Moral Function of the American State Legislator," State Government, XI(1938), 75; The Promise of American Politics (1936).

[45] Smith, The Legislative Way of Life, p.55.

[46] Smith," Two Functions," p.184.

[47] Ibid., p.188

[48] Royden J. Dangerfield and R.H.Flynn," Voter Motivation in the 1936 Oklahoma Democratic Primary," Southwestern Social Science Quarterly, XVII(1936), 1.

[49] Smith The Promise of American Politics, especially chap.v.

[50] Ibid., p.165.

[51] Ibid., pp.167, 186-8.

[52] Ibid., p.1.

[53] John Dewey, Human Nature and Conduct (1930), pp.198, 211, 225, 230, 255-6.


[1] John Dewey, Human Nature and Conduct (1930), p. 319.

[2] Max Weber, The Theory of Social and Economic Organization (transl, by A.M. Henderson and T. Parsons, 1947), p. 366.

[3] See Otto von Gierke, The Development of Political Theory (ransl. by Bernard Freyd, 1939), for medieval ideas of representative kingship, quoting Chancellor Gerson, Marsiglio di Padova, William of Ockham, et al., pp. 194, 249.

[4] Cf. M.D. Eder," Politics," Social Aspects of Psychoanalysis (E. Jones, ed., 1924).

[5] A. M.Hocart, Kings and Councillors (1936), p.121.

[6] Alexis de Tocqueville, L'Ancien Régime et la Révolution (4th ed., 1860), Book II.

[7] Allan Nevins, The American States During and After the Revolution, 1775-1789 (1924), pp. 2, 4, 6-10.

[8] Ibid., pp. 166-7 Leslie Lipson, The American Governor: From Figurehead to Leader (1938), pp.II-14.

[9] Leonard D. White, The Federalists (1948), chap. ii.

[10] Federalist, No. 70; cf. Alexander Hamilton, Works ( Henry C.Lodge, 1904), Vol. II, p. 21, in which Hamilton remarks in the New York Convention that the President represents the people.

[11] Max Farrand, Records of the Federal Convention of 1787 (1937), Vol, I, pp.65, 68-9; also Jonathan Elliot, Debates in the Several State Conventions on the Adoption of the Federal Constitiution (1836-45), Vol. I, p.51I.

[12] Farrand, Records, Vol. II, p. 52.

[13] Elliot, Debates, Vol. V, p. 327.

[14] To be picked up later by Calhoun on behalf of sectional self-determination.

[15] C.E. Merriam, A History of American Political Theories (1913), p.184

[16] Charles A. Beard, Economic Origins of Jeffersonian Democracy (1915) p. 406.

[17] E.g., in Messages and Papers of the President, Vol. III, p.I139.

[18] Congressional Debates, X, Part II, 1681 (1834), quoted in Merriam, Political Theories, p. 180.

[19] Congressional Debates, XIII, Part II 465 (1934), quoted in Merriam, Political Theories, p.181.

[20] Max Weber, Social and Economic Organization, is suggestive in these matters. See the relation between immediate democracy and gerontocracy, pp. 412-13, 346 ff.

[21] Alexis de Tocqueville, Democracy in America (ed. by Phillips Bradley, 1946), Vol. II, p. 295.

[22] Theodore Roosevelt wrote: "In theory, the executive has nothing to do with legislation. In practice, as things are now, the executive is or ought to be peculiarly representative of the people as a whole. As often as not the action of the executive offers the only means by which the people can get the legislation they demand and ought to have." Autobiography, p. 306.

[23] James Bryce, The American Commonwealth (2nd ed., 1891), Vol.I, p.278.

[24] Messages and Papers of the President, Vol. IV, p. 665.

[25] Sebastian De Grazia," A Note on the Psychological Position of the Chief Executive," Psychiatry, VIII (1945), 267.

[26] "Planning in a Democracy," Proceeding of the National Conference on Planning, 1940, p. 168; :The National Resources Planning Board," Public Administration Review, I (194), I16.

[27] See Charles E. Merriam, Four American Party Leaders (19261; Chicago: A More Intimate View of Urban Politics (1929); The New Democracy and the New Despotism (1939).

[28] From Charles E. Merriam, Systematic Politics, p. 134. Copyright 1945 by. The University of Chicago Press. Reprinted by permission of The University of Chicago Press.

[29] From Charles E. Merriam, Systematic Politics, p. 140. Copyright 1945 by The University of Chicago Press. Reprinted by permission of The University of Chicago Press.

[30] Ibid., p. 144.

[31] Quoted in Gustav Pollak, Fifty Years of American Idealism: The New York Nation, 1865-1915 (1915), p. 134.

[32] Hansard's Parliamentary Debates, LXXXCIII (1831), I075.

[33] First in Frazer's Magazine, April. 1859, then in Mill's Thoughts on Parliamentary Reform (2nd ed, ; 1860), contained in his Dissertations and Discussions (1874), Vol. IV.

[34] Salem Dutcher, Minority or Proportional Representation (1872), p. 42.

[35] Proceeding and Debates of the Constitutional Convention of the State of New York (1868), Vol. I, pp. 652 ff. For a summary of this and other debates on proportional representation in the United States, see M. Bruwaert,"Les Débats des Assemblées Législatives des Etats-Unis d'Amérique relatifs à la Représentation Proportionnelle," La Représentation Proportionnelle (1888), pp. 153-256.

[36] Congressional Globe, 40th Congress, Ist Session, pp. 675 ff.

[37] Ibid., 40th Congress, 3rd Session, pp. 1387 ff., and Appendix.

[38] Ibid., 42nd Congress, 2nd Session, pp. 4735 ff.

[39] B.F. Moore, History of Cumulative Voting and Minority Representation in Illinois (1919).

[40] Debates and Proceedings of the Constitutional Convention of the State of Illinois, II, 1726 ff.

[41] See "What PR Is and Where It Is Used," Proportional Representation Review, 3rd Series, No. I02 (April, 1932), p.31.

[42] %Constitutionality of Unorthodox Election Methods," Harvard Law Review, LV (1941), I14. The first significant decision holding a limited vote unconstitutional was State, ex rel. v. Constantine, 42 Ohio St. 437 (1884).

[43] W. Anderson," The Constitutionality of PR," National Municipal Review, XII (1923), 745; cf. subsequent issues of the same magazine.

[44] The reference, of course, is to Professor F.A.Hermens' extensive writings on representation, among which we may list Democracy or Anarchy? (1941); "Political Science and PR," Social Science, XV (January, 1940), 16-18.

[45] Thomas Gilpin, On the Representation of Minorities o Electors to Act with the Majority of Elected Assemblies, reprinted with an introduction by E.J. James as "An Early Essay on Proportional Representation," Annals of the American Academy, CLXVIII (1896), 233, 240.

[46] Ibid., p.244.

[47] Ibid., p.250.

[48] Thomas Hare, A Treatise on the Election of Representation, Parliamentary and Municipal (3rd ed., 1865), p. xxxv, Hare's first pamphlet on Proportional Representation was The Machinery of Representation (1857).

[49] Required afterwards as Personal Representation, a pamphlet published in 1867, p.8.

[50] Hare, On the Election of Representation, p. 16.

[51] Personal Representation, p.16.

[52] The best account of Mill's theories of repersentation in terms of his philosophy is to be found in J.Hogan, Election and Representation (1945), chap, ix.

[53] J. Francis Fisher, The Degradation of Our Representation System and Its Reform (1863), p.7. Cf. Bryce's attempt to calculate the political classes in England and America, American Commonwealth, pp.52ff.

[54] Fisher, The Degradation, p. 48.

[55] Cf. supra, pp. 32ff. The Michigan court denied that a valid comparison of "opinion" and "geographical" constituencies could be made. Wattles, ex rel. Johnson v. Upjohn, 21I Mich, 514, 179 V.W.335 (1920).

[56] Fisher, The Degradation, p.31.

[57] Ibid., pp. 29-31.

[58] Simon Sterne On Representative Government and Personal Representation (1871), p.67.

[59] Gilpin, On the Representation of Minorities, pp.238-9.

[60] Sterne, On Representative Government, p.50.

[61] Ibid., p.49.

[62] Simon Sterne, Representative Government: Its Evils and Their Reform (1869), pp.27-8.

[63] Charles R. Buckalew, PR or the Representation of Successive Majorities in Federal, State and Primary Elections (1872).

[64] Willard Warner, Representation of Minorities (1870). A lecture to the alumni of Marietta College.

[65] John M.Berry, PR: The Gove System (1892).

[66] J.W.Jenka," The Social Basis of PR," Annals of the American Academy of Political and Social Science, VI (1895), 381.

[67] H.A.Overstreet," The Community Brain," New Republic, VI (March4, 1916), 128.

[68] Third Series, No. 38 (April, 1916), p.41.

[69] An article by J.R.Commons ("Representation of Interests," The Independent, LII [1900], 1479) recognizes that the representation of interest is called for, and states that proportional representation is an modern conditions of this historical necessity reaching back to the middle ages.

[70] The Socialist Party of 1912 included in its platform a proposal favoring proportional representation.

[71] The best sources of such materials are the works of F.A.Hermens, especially his Democracy or Anarchy?; J.P.Harris," The Practical Workings of Proportional Representation in the United States and Canada," Supplement to National Municipal Review, XIX (May, 1930); H.F.Gosnell," Proportional Representation: Its Operation in Cincinnati," Public Affairs II (1939), 133: Belle Zeller and Hugh Bone," The Repeal of PR in New York City," American Political Science Review, XLII(1948), I127, files of the Proportional Representation Review, 1893-1917 and 1918-32; Equity, 1896-1914; and National Municipal Review since 1932.

[72] For a complete treatment of these points, see G.H.Hallett and G.H.Hoag, Proportional Representation (1937); cf. the older textbook treatment of proportional representation, i.e. John R. Commons, Proportional Representation (1896).

[73] Hermens, Democracy or Anarchy?, has abundant material on these points.

[74] Walter Bagehot, The English Constitution (1882), pp.210-II.

[75] Ibid., p. 224.

[76] Charls Seymour and D.P.Frary, How the World Votes, had published in 1918 a good deal of critical argumentation. In England, by contrast, the discussion was proceeding on a mature theoretical plane. Herman Finer (The Case Against Proportional Representation, 1924), defined the practical limits of "exact" representation, attacked the impersonality of proportional representation, and insisted, in terms which Hermens was later to follow, that the business of parliament is to govern rather than to promote independency.

[77] Social Research, V (1938), 379. Cf. G.H. Hallet,"Is Proportional Representation a Trojan Horse?" Social Research, VI (1939), 415. Also the article by the distinguish British proportionalist, J.H.Humphrey,"On PR and the Breakdown of German Unity," Social Research, IV (1937), 225; and A. Brecht," Constitutions and Leadership," Social Research, I (1934), 265, a most scholarly work on the breakdown of German constitutionalism.


[1] Cf.the classification of F.W.Coker," The Technique of the Pluralistic State," American Political Science Review, XV (1921), 186.

[2] From Charles E.Merrian, Systematic Politics, p. 235.Copyright 1945 by The University of Chicago Press. Reprinted by permission of the University of Chicago Press.

[3] Journal of William Maclay, Senator from Pennsylvania to the Ist Congress (1927), p.204.

[4] Federalist, NO. 35

[5] E. Pendleton Herring, Group Representation Before Congress (1929), p.47.

[6] Ibid., p.50.

[7] The Chicago Sun, May II, 1947; P.L.60I, Title III, 79th Congress, 2nd Session.

[8] Mary E.Dillon," Pressure Groups," American Political Science Review, XXXVI(1942), 471, has a good treatment of historical attitudes towards pressure groups.

[9] See Donald C.Blaisdell,"Economic Power and Political Pressures," Monograph No. 26 of The Investigation of Concentration of Economic Power, Temporary National Economic Committee (1941); Harvey Walker," Who Writes the Laws," State Government (Nov.1939), p.193; and Lawrence H.Chamberlain, The President, Congress, and Legislation (1946).

[10] "Lobbying," Encyclopedia of Social Science, Vol.IX, p.567.

[11] Herring, Group Representation, p.241.

[12] "Lobbying," p.566.

[13] William MacDonald, A New Constitution for a New American(1921).

[14] M.B. Reckitt and C.E. Bechhofer, The Meaning of National Guilds (1918).

[15] Mary P.Follett, The New State (1918).

[16] Arthur N.Holcombe, Government in a Planned Democracy (1934).

[17] Ernest S.Griffith, The Impasse of Democracy (1939), esp.chaps. xi and xxvi.

[18] Robert Luce, Legislative Principles (1930), p.281.

[19] Paul Douglas,"Occupational Versus Proportional Representation," American Journal of Sociology, XXIX (1923), 129.

[20] L.W.Lancaster,"Private Association and Public Administration," Social Forces, XIII (1934), 283.

[21] M.Louise Rutherford, The Influence of the American Bar Association on Public Opinion and Legislation (1937), chap.ii.

[22] Edward M.Martin, The Role of the Bar in Electing the Bench in Chicago (1936), pp.336-7;see also current edition of The Book of the State.

[23] Ibid., p.361; Rutherford, The Influence of the American Bar, chaps.iii, vi, viii.

[24] Oliver Garceau, The Political Life of the American Medical Association (1941), pp. 14, 169.

[25] Quoted in J.A.C.Grant," The Gild Returns to America," Journal of Politics, IV (1942), 303-36, 458-77, 310.

[26] Garceau, The Political Life of the A.M.A., p. 168.

[27] Giving the force of law of the customs of business has an ancient history. The Law Merchant, accompanying the growth of trade in the late middle Ages, illustrates the state's readiness to enforce the customs of trade. The common law, almost as a natter of course, recognized commercial usages in deciding cases arising out of contract. In American courts, in certain types of cases, e.g., accident compensation, the law of evidence admitted trade customs. See Louis Jaffee," Law Making by Private Groups," Harvard Law Review, LI (1937), 20I, 213-14. For participation of business in government in mercantilist times, see the discussion of the English Council of Trade in Philip W.Buck, Politics of Mecantilism (1942), chap. iv, secs. 2A, 4A-B.

[28] Morris R.Cohen," Property and Sovereignty," Cornell Law Quarterly, XIII (1927-28), 8; see pp.I0-II.

[29] Louis M.Hacker, The Triumph of American Capitalism (1940), pp.387-92.

[30] Jaffee, Law Making by Private Groups, pp.216-17.

[31] Thurman Arnold, The Folklore of Capitalism (1937), chap. viii.

[32] Ibid., p.212.

[33] "Delegation of Governmental Power to Private Groups," Columbia Law Review, XXXII (1932), 80.

[34] P.A.Duff and H.E.Whiteside," Delegata Potestas non Potest Delegari," Cornell Law Quarterly, XIV (1929), 168, as well as Jaffee, Law Making by Private Groups, give ample material to demonstrate the straight and narrow path which the courts froced the legislatures to walk. Then compare the attitude of the Supreme Court towards the states beginning with McCulloch v. Maryland (1819).

[35] Robert A.Brady, Business as a System of Power (1943), p.192.

[36] A Department of Commerce Bulletin (1939) reported that "the `key' factor in the NRA program is America's 3, 500 larger (State and National Trade Associations) and the other I0, 000 local Trade Associations, Chambers of Commerce, etc." (Quoted in Brady, Business as a System of Power).

[37] Brady, Business as a System of Power, p.313.

[38] See also her Creative Experience (1924), esp. chap. xiii.

[39] Follett, New State, p. 324.

[40] From Mary P.Follett, The New State, pp. 321-2. Copyright 1918 by Longmans, Green & Co., Inc. Reprinted by permission of Longamans, Green & Co., Inc.

[41] Ibid., 140-41.

[42] Ibid., p.147. (Cf. Calhoun's theories supra, pp.138-9).

[43] Authorized American translation published by National Catholic Welfare Conference (1942), as On Reconstructing the Social Order, a proposal in more specific American terms was given in an official pronouncement of the National Catholic Welfare Conference, Feb. 9, 1940.

[44] S.6215, 71st Congress, 3rd Session.

[45] "Establishment of National Economic Council," Hearings Before a Subcommittee of the Committee of Manufactures, United States Senate, 72nd Congress.1931.

[46] See the plan of the committee of the United States Chamber of Commerce reproduced on pp. 191-4 of the same Hearings.

[47] "Establishment of the NEC," p.167.

[48] Ibid., 382. The "Swope Plan" disagreed with the Harriman idea that government should have nothing to do with the stabilization of industry. See pp. 313-15 of the Hearings; Gerald Swope," The Swope Plan," a speech before the opening meeting of the Business Advisory and Planning Council of the NRA (Nov.I, 1933), contained in Increasing Federal Power (compiled by H.B. and R.E.Summers), p.158.

[49] Ibid., p.441.

[50] Ibid., p.438.

[51] Ibid., pp.433-4.

[52] U.S. Statutes at Large, 73rd Congress (June 16, 1933), XLVIII, 195; L.S.Lyon et al., The National Recovery Administration (1935); Chamberlain, The President, Congress, and Legislation, pp.46-58; Committee of Industrial Analysis, The National Recovery Administration.

[53] The integration of consumer and labor interest in the code-making process was inadequately conceived. Therefore the N.I.R.A. may be classified better as business representation than as corporatism or administrative pluralism. On the consumer's role see P. Campbell, Consumer Representation in the New Deal (1940), pp.17-88.

[54] Schechter Poultry Corp. v. U.S., 295 U.S. 495; see esp. Cardozo, J., concurring.

[55] Mr. Martin's study," Negro-White Participation in the A.A.A. Cotton Referendum in North Carolina, Virginia, and South Carolina" (Ph.D dissertation University of Chicago) is the basis for the larger part of the material in these paragraphs on the A.A.A.

[56] Planning Ahead under the A.A.A. Press Release of the U.S. Dept. of Agriculture, No. 8951, Sept.1943, p.1, quoted in the Martin study," Negro-White Participation, etc." But see J.A.C. Grant's sharp criticism of similar procedures in California and elsewhere in "The Gild Returns to America," pp.327ff.

[57] Stephen K. Bailey, Congress Makes a Law (1950).

[58] See Appendix I," Industry Council Program" in C.S. Golden and H.J. Ruttenberg, The Dynamics of Industrial Democracy, p.343.

[59] J.D. Barnett," Representation of Interests on Administration," National Municipal Review, XII (1923), 347-9; Lancaster," Private Associations."

[60] Carl H. Monsees, Industry-Government Co-operation (1944), p.5.

[61] See Avery Leiserson's authoritative study, Interest Representation in Administrative Regulation (1942); and L.W. Lancaster," The Legal Status of `Private' Organizations Exercising Government Powers," Southwestern Social Science Quarterly, XV (1935), 325.

[62] J.L. Afros," Labor Participation in the Office of Price Administration," American Political Science Review, XL (1946), 458.

[63] Delegation of Government Power to Private Groups, pp.91-2.

[64] 273. Paul H. Appleby, e.g., adopts this viewpoint in a brief passage, Big Democracy (1945), pp. 34-5. However, cf. Lloyd K. Garrison,"Regulatory Procedures in the National War Labor Board," in Lectures on Administrative Regulation (1945), pp.13-14, wherein he recommends interest representation, especially in conflict situations.

[65] John M. Gaus," Responsibility," in John M. Gaus et al., The Frontiers of Public Administration (1936), pp.37-8.


[1] S.I0 (Jan.6, 191*), 80th Congress 1st Session. Cf. L. Watkins," Federalization of Corporations," Tenn. Law Review, XIII(1935), 89.

[2] The Railway Labor Act of 1934 provides for collective bargaining through representatives chosen by the majority of each craft. In Steele V. Louisville and Nashville R.R.Co., 332 U.S. 192 (1944), the Supreme Court held that a union representing the whole craft must act on behalf of all members of the craft, including Negroes. This situation will present itself often in fixed-interest representation, See also, K. Gerry," The Negro Worker and His Right to Demand Full Union Membership," Rocky Mountain Law Review, XX (1947), 88.

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