North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi, and Louisiana had 2,829,785 white inhabitants, and thirty-nine Representatives. If the white inhabitants and three-fifths of the blacks gave them thirty-nine Representatives, these States would have fifty Representatives, counting all the blacks; that is, with a less voting population than Pennsylvania they would have more than twice as many Representatives. To remedy this inequality, the Fourteenth Amendment provides that if the right to vote is denied to any class of citizens, the basis of representation shall be reduced in proportion.

The basis of representation was reported at forty thousand by the Committee, and so remained till the last day of the Convention, when it was changed to thirty thousand, General Washington himself advocating the change. This is said to have been the only occasion on which he entered into the discussions of the Convention.

Should the

A question arose early in Washington's administration as to the construction of this clause. number of Representatives be determined by dividing the whole population of the United States by the number taken as the basis of representation, or by dividing the population of the respective States by that number, and taking the sum of the quotients. The former method would give the largest number of Representatives, and was adopted by Congress in the bill first passed. But the bill was returned by President Washington, as conflicting with the language of the Constitution. Congress yielded to the judgment of the President; and the method then adopted, of dividing the population of each State by the basis of representation, continued till 1842, when an act of Congress provided that there should be one Representative for every 70,680, and for a fraction greater than one-half of this number. By act of May 23d, 1850, it was pro

vided that the whole population of the United States should be divided by the number 233, and the quotient be the ratio. With this ratio the population of each State is divided, the quotient being the number of its Representatives. The number of Representatives necessary to make 233 are given to the States having the largest fractions.

The first enumeration of the people was made in 1790, the second in 1800, and so on. After the census returns have been made, Congress provides by law for the representation, to take effect March 4th of the third year after. The Constitution provided for 65 members for the First Congress. In March, 1793, there were 105; in 1803, 141; in 1813, 181; in 1823, 212; in 1833, 240; in 1843, 223. In 1850, as stated above, the number was fixed at 233, and the Secretary of the Interior was directed to ascertain the number to which each State was entitled, and make certificate of the same to the Governors. In all the cases previous to this time the specific number for each State had been given in the act of Congress. Before an election had been held under the act of 1850, Congress changed the number from 233 to 234, to remain till the next apportionment. The additional one was given to California. In 1862 the number for the next ten years was fixed at 241, the eight additional ones (to 233) being apportioned to Pennsylvania, Ohio, Kentucky, Illinois, Iowa, Minnesota, Vermont, and Rhode Island.

The number of Representatives for the different decades, and the number of inhabitants for a Representative are as follows:

The actual number of Representatives has usually been greater than that here given, owing to the admission of new States. Thus the Forty-second Congress (18711873) had 243, instead of 241; Nevada having been admitted in 1864, and Nebraska in 1867.

Each organized Territory is allowed by law to send one. delegate to Congress, who may participate in the discussions, but can not vote. In the Forty-second Congress there were nine delegates from the Territories, and one from the District of Columbia.

Clause 4.- When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

Vacancies may be created by death, resignation, removal, or accepting incompatible offices. All these cases have occurred. The person thus elected to fill a vacancy serves only the remainder of the term.

Clause 5.-The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.

The Speaker is the presiding officer of the House. The presiding officer of the Continental Congress was styled President. Where a legislature is composed of two houses, the presiding officer of the upper house is usually called President, and of the lower house. Speaker. The British House of Commons choose their Speaker, but the approbation of the Crown is necessary.

The other officers of the House of Representatives are a Clerk, Sergeant-at-Arms, Door-keeper, Postmaster, and Chaplain.

The office of Clerk is one of great importance, and is usually filled by an ex-member of Congress. The Clerk

presides at the organization of the subsequent Congress. The Congress that convened December 3d, 1855, did not succeed in electing a Speaker till the second of February, 1856, having balloted 133 times. Mr. N. P. Banks was the successful candidate. In the case of the Thirty-sixth Congress, in the winter of 1859-60, there was a delay nearly as long. Mr. William Pennington was elected. A list of the Speakers will be found in Chapter VII.

The Constitution gives to the House of Representatives the sole power of impeachment, and to the Senate the sole power to try the party impeached. As a citizen can not be tried before a court until he has been indicted by a grand jury, so an officer of the Government can not be tried by the Senate until articles of impeachment have been brought against him by the House of Representatives.

The method of proceeding, so far as the House is concerned, is this:

A committee is appointed to inquire into the conduct of the officer supposed to have been guilty of acts requiring impeachment. If they report in favor of impeachment, the question is acted on by the House. Should the House determine on impeachment, articles are prepared, embodying the charges, on each of which action is taken. A committee is then appointed to prosecute the impeachment before the Senate. The method of trial and a list of the persons impeached will be given in a subsequent part of the work.

Sec. 3, Clause 1.-The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall

have one vote.

In the Convention that framed the Constitution there was great difference of opinion as to the mode of electing Senators, as to their term of service, and as to the rule of suffrage. Some were in favor of a nomination by the State legislatures and an election by the United States

House of Representatives; others would have the President appoint from those nominated by the State legislatures; others would have them chosen by the House of Representatives; and others still proposed an election by the people.

As to the term of office, some advocated a life tenure, or during good behavior; some, a term of nine years; others, seven; others, six; and others, four.

The question of voting was the most difficult. As in the Continental Congress the States were on an equality as to their votes, the smaller States wished the same rule to hold under the Constitution; while the larger States claimed that an equality of votes in either House would be unjust. The smaller States finally conceded that in the House of Representatives the number of members should be in proportion to population; but they insisted that in the Senate the States should be equal. But the larger States were tenacious as to the Senate as well as to the House; and the Committee of the Whole reported, "That the right of suffrage in the second branch of the national legislature ought to be according to the rule established for the first." This report was adopted by the Convention; but the matter was subsequently referred to a committee of one from each State, who reported the rule as it now stands. The final vote was: Affirmative-Connecticut, New Jersey, Delaware, Maryland, North Carolina-5; Negative -- Pennsylvania, Virginia, South Carolina, Georgia-4. Massachusetts divided. "So that this greatest and most difficult of all the important questions which the Convention was called upon to solve, was carried by less. than a majority of the States present, and by the concurrence of less than one-third of the represented population.'

1 1 Towle, p. 69.