=104. Elective functions--Deputation--Elective councils.=--There is a whole class of functionaries, if it be permitted to say so, who owe their origin to election, and who are the mandataries of the people, either in municipal councils, or in general councils, or in the great elective bodies of the State, the _Senate_ and _House of Representatives_. (See _Civil instruction_.) The principle of the sovereignty of the people requires that for all its interests, communal, departmental or national, the country have a deliberative voice by means of its representatives. The duties of these mandataries are generally the same in any degree of rank. 1. _Fidelity to the mandate._--The representative is the interpreter of certain opinions, of certain tendencies, and although the majority which have elected him comprise very diverse elements, there exists an average of opinions, and it is this average which the deputy represents, or should represent. He would, therefore, fail in his duty if, once elected, he passed over to his opponents, or, if wishing to do so, he did not tender his resignation. However, this fidelity to the mandate should not be carried so far as to accept what is called the _imperative mandate_, which is the negation of all liberty in the representative, and makes of him a simple voting machine. The representative is a representative precisely because he is empowered, on his own responsibility, to find the best means to carry out the wishes of his constituents. 2. _Independence._--The deputy, senator, municipal, or departmental officer should be independent both in regard to the authorities and in regard to the electors. From the authorities he should receive no favors; he should not sell his vote in any interest whatsoever; from the electors he has to receive advice only, but no orders. Outside their office as electors, the electors are nothing but simple individuals. As such they may try to influence representatives, but they have otherwise no other title before the representatives of the electoral corps. The representative should, above all, avoid making himself the servant of the electors, for the satisfaction of their private interests and passions. It is often thought that independence only consists in resisting courts and princes; there is no less independence, and sometimes even is there more merit and courage required to resist the tyranny of the masses, and especially that of popular leaders. The deputy should, we have said, be faithful to his trust--that is to say, to the general line of politics adopted by the political party to which he belongs; but within these general limits it is for him to assume the responsibility, for it is for this very reason that he is elected a representative. Let us, moreover, add that fidelity to opinions should not degenerate into party spirit, and that there is an interest which should supersede all others, namely, the interest of the country.