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170.

What are the qualifi

qualifications are common to both citizens and aliens. Bates on Citizenship.

[2.] No person shall be a representative who shall cations of not have attained to the age of twenty-five years, and Firesenta- been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

What persons?

19. "PERSON " is here undefined, but it is supposed to mean males. A representative is one chosen by the qualified voters, at 46. the time prescribed by the States or Congress, in the manner preRepresenta- scribed by law, and having the qualifications of age, citizenship,

tive?

Citizen of

and inhabitancy or domiciliation.

The Constitution having fixed the qualifications of members, no the United additional qualifications can rightfully be required by the States.

States?

220

Who are citizens?

Barney v. McCreery, Cl. & Hall, 176: Story's Const. § 624-629; Federalist, No. 52. But if a country be conquered, purchased, or annexed, and the inhabitants thus incorporated by such revolutions, as the purchase of Louisiana and Florida, the annexation of Texas, and the conquest and cession of California, the inhabitants become national citizens, and are eligible to office, not as naturalized people, according to uniform rule, but as denizens of the acquired soil, whether native born or naturalized. It was so held in the case of Mr. Levy [Yulee], of Florida, upon a contest in the House of Representatives of the United States. Mr. Clark of Louisiana, and Senator Porter, of that State, as well as all the European inhabitants of Louisiana, Florida, Texas, California, New Mexico, Arizona, and Walrussia, and all born upon those Territories, owed their naturalization to the law of conquest, purchase, or annexation. Native inhabitants have been admitted as delegates from New Mexico, under the general description of citizenship.

The object was to exclude aliens. Story's Const. § 612-629. See Farrar, § 256-281.

Yet "PERSON" and "CITIZEN" in this sentence cannot have the

6, 17, 24, 35, same comprehensive meaning of "PEOPLE" or "ELECTORS" in the 44, 220. preamble, and in Art. 1, § 1, clause 1. From necessity it must have a limitation beyond what is defined in the clause.

Who is an

inhabitant

when elected?

22, 23, 44, 46.

20. AN INHABITANT OF A STATE is one who is bonâ fide "a member of the State, subject to all the requisitions of its laws, and entitled to all the privileges and advantages which they confer." Bailey's Case, Cl. & Hall, 411. A person residing in the District of Columbia, though in the employment of the general government, is not an inhabitant of a State, so as to be eligible to a seat in congress. Id. But a citizen of the United States, residing as a public minister at a foreign court, does not lose his character of inhabitant of that State of which he is a citizen, so as to be disqualified for election to congress. Id.: Forsyth's Case, Id. 497. See Ramsay v. Smith, CL & Hall, 123. Key's Case, Cl. & Hall, 224.

apportion

presenta

re

direct taxes?

[3.] Representatives and direct taxes shall be appor- What is the tioned among the several States which may be included ment of within this Union, according to their respective num-tives and bers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the Census? first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Number of representatives shall not exceed one for every thirty tives? thousand, but each State shall have at least one representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

representa

21. REPRESENTATIVES. - As to the reasons for the rule, see Give facts of Story's Const. § 630-689. Notes to third edition; 1 Elliot's RepresentaDebates, 212, 213; 2 Pitk. Hist. 233-248.

As the population has increased, the ratio, or "numbers" necessary to elect a representative, has been increased, so as not to make the body too large. They have stood through each decade as follows:-1790-43,000. 1 St. 253; 1800-33,000. 2 St. 128; 1810 -35,000. Act of 21 Dec., 1811, ch. 9; 1820-40,000. 3 St. 651; 1830-47,700. 4 St. 516; 1840-70.000. 5 St. 491; 1850-93,420. Rep. population divided by 233, 9 St. 432, 433; 1860-126,823.12 St. 353; 2 Brightly's Dig. 84. Obtained by dividing by 241, giving to Ohio, Kentucky, Illinois, Iowa, Minnesota, Vermont, and Rhode Island, each an additional member.

tives and numbers.

168.

22. DIRECT TAXES, perhaps, mean, in the stricter sense, a rate What are imposed by government upon individuals (polls), lands, houses, direct taxes? horses, cattle, possessions, and occupations, as distinguished from customs, duties, imposts, and excises. Webster. See Burrill's Law Dic., TAX.

In the case of Hylton v. The United States the question was 72-77, 144. much discussed; but no authoritative conclusion seemed to be

163, 164.

On personals?

settled. The general impression seemed to be, that a tax on real estate, such as the war tax of 1862, might be intended.

See the subject discussed. Story's Const. § 955-957.

Only four direct taxes have been laid: In 1798, 1813, 1815, 1861. Story's Const. § 642; 2. Brightly's Dig. 407; Internal Revenue pamphlets everywhere. The Internal Revenue tax is supposed to come under a different classification.

A tax on carriages is not a direct tax. There are three kinds of taxes: duties, imposts, and excises, which are to be laid by the rule of uniformity; and capitation and direct taxes on land, which What by are to be laid by the rule of apportionment. Hylton v. the United uniformity, States, 3 Dallas, 171. License Tax Cases, 5 Wall. 477. The better and what by apportion- opinion seemed to be, that the direct taxes were a capitation or poll tax, or a tax on land. Hylton v. United States, 3 Dall. 171; 1 Kent's Com. 255, 256. This does not preclude the right to impose a direct tax in the District of Columbia (and the Territories) in proportion to the census directed to be taken by the Constitution. Loughborough v. Blake, 5 Wh. 317; 1 Kent's Com.

ment?

144.

How apportioned?

17, 18, 144, 220.

What are numbers?

144, 23.

256.

23. APPORTIONED. - Proportion and ratio are equivalent words; and it is the definition of proportion among numbers, that they have a ratio common to all-a common divisor. (Jefferson in 1792.) Story's Const. 3d Ed. § 683, note 2; which note also contains Mr. Webster's report on fractional numbers, in 1832. These two opposite views exhaust the whole argument. See Farrar, § 131-141. In these he discusses "free persons," and "all other persons." The practice has been to exclude from the "numbers" none except two-fifths of the slaves, thus counting the three-fifths of the "all other persons." That is, five slaves were only equal to three "free persons," whether colored or aliens. See Story's Const. § 630-689, 3d Ed., and the voluminous notes, which exhaust the whole subject.

24. NUMBERS.-The meaning of the word "numbers" is, that two-fifths of all the slaves were excluded; but the free negroes, and all other persons, except tribes of Indians, were enumerated. The total numbers by the eighth census (1860) were :

In the free States and Territories-whites............18,936,579

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Deduct two-fifths of slave population..

Leaving a representative slave population of.

237,218

8,039,000

3,950,000

251,000

1,580,000

2,370,000

.27,463,797

3,961,129

127,381

Total free population in the States, District of Columbia,

and Territories

Total slave population..

Ratio of representatives.

The apportionment of representation under the census of 1860 was as follows: Alabama 6, Arkansas 3, California 3, Connecticut 4, Delaware 1, Florida 1, Georgia 7, Illinois 14, Indiana 11, lowa

ment, in

6, Kentucky 9, Louisiana 5, Maine 5, Maryland 5, Massachusetts What was 10, Michigan 6, Minnesota 2, Mississippi 5, Missouri 9, New Hamp-apportionshire 3, New Jersey 5, New York 31, North Carolina 7, Ohio 19, 1560? Oregon 1, Pennsylvania 24, Rhode Island 2, South Carolina 4, Tennessee 8, Texas 4, Vermont 3, Virginia 11, Wisconsin 6. The territories of Kansas, Nebraska, and Nevada have since been admitted as States, each with 1 representative; Colorado has been organized under an enabling act, and will be admitted with 1 representative; Virginia has been divided, and West Virginia has 3 representatives, leaving Virginia 8.

NUMBERS OF THE STATES AND TERRITORIES, &c.-1860.

168

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[Preliminary report on the eighth census, page 131.]

The following table, showing the population of the States at the different decades, from 1790 to 1860, has been prepared by the editor with great care; and, as the numbers are taken from the census reports, he feels confident that it is

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36,538

2,576

28,841

17,364

61,547

83,009

11,380

40,699

699

11,169

75,080

14,093 24,023 33,029 39,834 43,712 51,687 3,929,827 5,305,925 7,239,814 9,638,131 12,8 6,0:0 17,069,453 23,191,876 31,443,322

And see Story's Const., § 644, note 1 of 3d Ed., Preliminary report on the eighth census, pages 5 and 131.

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