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free persons, makes 900,000. Now if one representative were allowed for every 30,000 inhabitants, the state would have thirty representatives; whereas a state containing 600,000 free persons and no slaves, would be entitled to twenty representatives only. For the advantage which the slaveholding states gained by this compromise, the nonslaveholding states have not realized an equivalent from the taxation of slave property, inasmuch as direct taxes have not hitherto been found necessary to any considerable extent; and probably will not be necessary in time to

come

§ 207. The people are numbered every ten years. Fre. quent enumerations are made, that the representation of each state may keep pace with its population. The number of inhabitants in some states may remain nearly stationary, while in others the number may, within the space of ten years, increase two or three fold. The latter ought therefore to be entitled to a corresponding increase of the number of representatives. When the constitution took effect, New York and Maryland had each six representa. tives. So much more rapid has been the increase of population in the former state than in the latter, that while Maryland has at present but eight representatives in the house, New York is entitled to forty. B.

§ 208. The first enumeration was made in 1790; and an enumeration has been made every ten years since. Congress is by the constitution authorized to direct by law the manner in which the census shall be taken. It has accord. ingly enacted, that each state legislature shall prescribe the manner in which the census shall be taken in such state. Census, among the Romans, signified the valuation of a man's estate, and the registering of himself, his age, his family, and his servants. In the United States it means the enumeration of the people.

§ 209. The number of representatives may not exceed one for every 30,000 inhabitants. This restriction is in

upon non-slaveholding states. § 207. Why are periodical enumera. tions of the people required? § 208. When was the first enumeration made? What is census? § 209. Why is the number of re presentatives restricted? What is the present ratio of representation?

tended to prevent the house from becoming too large. A very numerous legislative body cannot transact business with the same degree of convenience and despatch as a smaller assembly. To keep the house within suitable limits, congress has, from time to time, as the population has increased, changed the ratio of representation. Under the first census, the ratio was 33,000, and the number of representatives 106. A new apportionment has been made after every successive enumeration. After the last census, taken in 1830, the ratio was fixed at 47,700, giving, as the result, 240 representatives to all the states. [The new states of Michigan and Arkansas have since been admitted into the union, with one representative each.] C.

§ 210. But each state must have at least one representative. Without this provision, the ratio might be fixed so high as to deprive a state entirely of a representation in the house. Had a ratio of 100,000 been adopted after the census of 1830, both Delaware and Rhode Island would have been excluded, neither having a population sufficiently numerous to entitle it to a representative. Hence the ne. cessity of a constitutional provision, securing to each state a due representation. By an act of congress, every territory also, belonging to the United States, in which a government is established, has the right of sending a delegate to con. gress. Such delegate is entitled to a seat in the house, with the right of debating; but he is not allowed the privi lege of voting.

211. The distribution and election of the representa. ives of each state, are determined by a law of the state legislature. A state is divided into a number of districts equal to the number of representatives to which it is entitled; each district comprising, as nearly as may be, the number of inhabitants entitled to a representative, who is chosen by the electors of such district. For convenience, some districts are so constituted as to embrace a popula tion entitling each to two or more representatives. Another mode is to vote for all the representatives on one ticket,

What is ratio? § 210. Why is it provided that each state shall have at least one representative? What right has a territory? § 211. How are representatives distributed and elected in each state?

throughout the state. This is called electing by general ticket. Very few states, however, practise this mode. D.

§ 212. "When vacancies happen in the representation "from any state, the executive authority thereof shall "issue writs of election to fill such vacancies ”—Art. 1, sec. 2, cl. 4.

§ 213. As vacancies sometimes happen by the death, resignation, or removal, of some of the representatives of a state, such vacant districts, which may sometimes comprise a great portion, or even the whole of such state, would remain unrepresented till the next regular election, unless some provision had been made to fill such vacancies. Persons chosen to fill vacancies, hold their offices only for the unexpired term of those whose places they are chosen to supply.

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§ 214. "The house of representatives shall choose their speaker and other officers; and shall have the sole power "of impeachment."-Art. 1, sec. 2, cl. 5.

The election of officers of a legislative body, and also the subject of impeachment, are treated of in other places. (§ 71, 72, 105, 106, 230.)

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§ 215. "THE senate of the United States shall be com"posed of two senators from each state, chosen by the "legislature thereof for six years; and each senator shall "have one vote."-Art. 1, sec. 3, cl. 1.

§ 216. The principal objects of the institution of a senate have been considered. (§ 66, 68, 69.) But there were reasons of a more special nature for the manner in which

§ 212. How may vacancies in office be filled? § 213. Why is this provision necessary? § 214. Why is the power of impeachment given to the house?

§ 215. How is the senate composed? How chosen? 216 Why

the national senate is constituted. We have spoken of the difficulty of reconciling the small states to a proportional representation, a representation in proportion to the number of inhabitants of each state. The compromise, in which the small states gave up their claim to equality in the house, was effected, at least in part, by the consent of the large states to an equal representation in the senate. But aside from the necessity of the case, this equality was peculiarly proper. In a government entirely national, every district would have a right to a proportional representation; and in a simple confederacy of independent states, each is entitled to an equal share in the common councils. Hence, in a government like ours, partaking of both the national and federal character, there is a manifest propriety in giving to one branch of the legislature a proportional, and to the other an equal representation.

§ 217. As to the mode of appointing senators, there was a diversity of opinion among the members of the conven tion. Besides the mode adopted, two others were proposed; the one, appointment by the house of representatives of the United States; the other, election by the people of each state. The appointment by the state legislature was, however, presumed to be most congenial with the public opinion. The advantages of this mode are, first, the members of the legislature, from their more extensive acquaintance with public men, are capable of making a more judicious selection; secondly, the election not being made directly by the people, but by the state governments, senators will not be influenced by the same local interests and sectional feelings as the members of the house; and thus they will exercise a more effectual restraint upon the proceedings of that body.

§ 218. The usual manner in which senators are chosen by a state legislature, is by a joint vote; that is, both houses meet, and vote numerically, as a single body. In some states, the choice is made by a concurrent vote. By this ode, each house votes separately, and must concur with

is each state equally represented in the senate? § 217. What are the advantages of the present mode of choosing senators? § 218. What different modes of choosing senators are practised? §219. Why

the other as in the passage of a law. In cases of disagree. ment between the two houses, the election of senators by a concurrent vote, is often attended with much difficulty; for so long as each house adheres to its favorite candidate, no election can be effected: And, as a consequence, a state is often for a long time deprived of a full representation in the national senate.

$219. A long term of office of senators is considered necessary to prevent the evils which flow from instability in the administration of the government. (§ 66.) Among the framers of the constitution were those who were in favor of appointing senators during good behavior. Others proposed specific periods for the term of service, differing in length. from three to nine years. The medium of six years was adopted, as being supposed to be sufficiently long to impart firmness and stability to the senate, and yet short enough to secure a due sense of responsibility on the part of the mem bers.

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§ 220. "Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the "senators of the first class shall be vacated at the expiration "of the second year, of the second class at the expiration of "the fourth year, and of the third class at the expiration of "the sixth year; so that one third may be chosen every "second year and if vacancies happen by resignation, or "otherwise, during the recess of the legislature of any state, "the executive thereof may make temporary appointments "until the next meeting of the legislature, which shall then "fill such vacancies."

§ 221. This division and classification of the senate, by which one third only of the members are vacated every second year, are calculated to secure the service, at all times, of a majority of experienced members, acquainted with the general principles of national policy, and with the forms and course of business.

§ 222. Without the authority given in this clause t

are senators elected for a longer term than ren How are the senators divided and classified? H 221. What is the object of this division and

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