The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-01

district will be best acquainted with the
peculiar needs of the locality. There have
been some exceptions 70 the rule even In
the United States however. and the preeen,
British practice Is contrary 90 II. As q
matter OF custom, the resident qualification
once prescribed. came 20 be disreRarded IN
! England, and was finally abolished by stat
ute shortly before i7s7. That. probably
! was why the Philadelphia Convention did
not insist upon a Representatives residing
in the district which elected him 1t Is
somewhat remarkable that the convention
did not insist upon a property qualification
for Representatives, although seven OF the
STATE Constitutions then prescribed such a
qualification for members Of the lower
house OF their Legislatures.
1t will be remembered that our Federal
Constitution provides that Representatives
in Congress shall be apporuoned among the
several States according 10 their respec-
tive numbers This Introduction of pro-
portional representation was a radical de-
parture from the Articles Of Confederation.
whereby TO each Ste te, large and small
alike. was conceded one vote. In 1887 the
Constitutions of eight Of the States pro-
vided proportional representation in the
lower house Of the Legislature, for the
various counties, TWINS and electoral dis
tricts. but those n Pennsylvapia Della
ware and New Jerpey assigned an equal
representation to each county. So. too.
in the lower house Of the Connecticut
Legislature each town. whether small
or large, had an equal voice. In the New
England Confederation in ls4s each colony
a., Il 81, ~. 10
of equal representation had been followed
in the Continental Congress. whence 1t
naturally was transferred to the Articles
Of Confederation.
Deserving of mention. also, is the fact
that the office Of Speaker Of the House OF
Representatives. for which our Federal
Constitution provides, is derived imme-
diately from American precedents. and
only remotely from the English Office of
the same name There IL very marked
difference between the English and Amen-
can officials, which would scarcely have
existed had the trainers Of our Federal
organic law copied directly the English
model. The American Speaker has always
been a political leader. and not mere
moderator. AS the English Speaker has
been. The American Speaker If partisan.
while the English is impartial The Amer
lean Speaker expects 10 20 out of office.
and does go out, with bis party; the English
Speaker may continue in office after the
defeat Of his party and the organization
Of the Opposition in power, 1t makes
yev little difference says Mr. James
Bryce. 10 any English party in Parlia-
ment whether the occupant of the chair
has cone from their own or from hostile
ranks: custom strong as law forbids him
10 render help TO his own side even by
private advice Whatever Information as
to Parliamentary law he may feel free 10
give must be equally at the disposal OF every
member In the United States. on the
contrary, the Speaker Is party leader:
and so II has always been. even in Colonial
times
Prof. Moran makes il equally clear that
in our Federal Constitution the Senate
is derived only remotely from the English
House OF Lords and Privy Council. hut
directly from the upper house Of the early
State and Colonial Legislatures. We are
reminded that at its organization the
United States Senate had an advisory
character. which since has been largely
Loot 81 ght of a. a result Of the predominance
Of its legislative function No doubt its
advisory and executive features may be
traced ultimately 10 the Prvy Council
and its legislative ones 10 the House Of
Lords. but manite~tiy our Senate could not
have been modelled directly on the last
named body because America contained no
nobility and wished for none. The actual
pattern was unquestionably the upper
chamber established by early State Con-
Stitutions In seven of these Constitutions
the upper house was termed Senate
and in all Of then. there was d marked
similarity as regards organization and
In several fundamental par
ticulars the United States Senate resembles
the upper house a. II existed at the time in
the Constitution " Maryland. The Mary
land Senate was small body, elected. not
10y popular vote. but indirectly, and serving
for a long term. II u 10 be noted that in
Maryland the State Senators were chosen
by electors selected for this specific pur-
pose Evidently this custom suggested
our Presidential electors There were
precedents also for the provision
" our Constitution that the members OF the
senate should 20 out Of Office in rotation
third of the Senators retiring every I
second year. II IL quite needless 10 20 /
10 Holland ms Mr. Douglass Campbell has
done. for suggestion Of the rotatory
method The State Constitutions Of New
York. Virginia and Delaware provided ,
hat the members Of the upper houses in
hose States should retire in rotation