It does not appear very easy, on Mr. Mill’s principles, to find out any mode of making the interest of the representative body identical with that of the constituent body. The plan proposed by Mr. Mill is simply that of very frequent election. “As it appears,” says he, “that limiting the duration of their power is a security against the sinister interest of the people’s representatives, so it appears that it is the only security of which the nature of the case admits.” But all the arguments by which Mr. Mill has proved monarchy and aristocracy to be pernicious will, as it appears to us, equally prove this security to be no security at all. Is it not clear that the representatives, as soon as they are elected, are an aristocracy, with an interest opposed to the interest of the community? Why should they not pass a law for extending the term of their power from one year to ten years, or declare themselves senators for life? If the whole legislative power is given to them, they will be constitutionally competent to do this. If part of the legislative power is withheld from them, to whom is that part given? Is the people to retain it, and to express its assent or dissent in primary {31}assemblies? Mr. Mill himself tells us that the community can only act when assembled, and that, when assembled, it is incapable of acting. Or is it to be provided, as in some of the American republics, that no change in the fundamental laws shall be made without the consent of a convention, specially elected for the purpose? Still the difficulty recurs: Why may not the members of the convention betray their trust, as well as the members of the ordinary legislature? When private men, they may have been zealous for the interests of the community. When candidates, they may have pledged themselves to the cause of the constitution. But, as soon as they are a convention, as soon as they are separated from the people, as soon as the supreme power is put into their hands, commences that interest opposite to the interest of the community which must, according to Mr. Mill, produce measures opposite to the interests of the community. We must find some other means, therefore, of checking this check upon a check; some other prop to carry the tortoise, that carries the elephant, that carries the world.