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tion. Upon its first introduction, it was supported by the votes of nine states against two. In subsequent stages of the discussion, it met with some opposition; 1 and in some of the state conventions it was strenuously resisted. The wish of every patriot ought now to be, requiescat in pасе.

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§ 643. Another part of the clause regards the periods, at which the enumeration or census of the inhabitants of the United States shall be taken, in order to provide for new apportionments of representatives, according to the relative increase of the population of the states. Various propositions for this purpose were laid, at different times, before the convention. It was proposed to have the census taken once in fifteen years, and in twenty years; but the vote finally prevailed in favour of ten. The importance of this provision for a decennial census can scarcely be overvalued. It is the only effectual means, by which the relative power of the several states could be justly represented. If the system first established had been unalterable, very gross inequalities would soon have taken place among the states, from the very unequal increase of their population. The representation would soon have exhibited a system very analogous to that of the house of commons in Great-Britain, where old and decayed boroughs send representatives, not only wholly disproportionate to their importance; but in some cases, with scarcely a single inhabitant, they match the representatives of the most populous counties.5

1 Journal of Convention, 11th June, 111, 112. See also Id. 11th July, 168, 169, 170, 235, 236; 4 Elliot's Debates, (Yates's Minutes,) 69. 21 Elliot's Debates, 58, 59, 60, 204, 212, 213, 241.

3 Journal of Convention, 163, 164, 167, 168, 169, 172, 174, 180.

4 Journal of Convention, 12th July, 168, 170, 173, 180.

5 1 Black. Comm. 158, 173, 174; Rawle on Constit. ch. 4, p. 44.

§ 644. In regard to the United States, the slightest examination of the apportionment made under the first three censuses will demonstrate this conclusion in a very striking manner. The representation of Delaware remains, as it was at the first apportionment; those of New-Hampshire, Rhode-Island, Connecticut, NewJersey, and Maryland have had but a small comparative increase; whilst that of Massachusetts (including Maine) has swelled from eight to twenty; that of New-York, from six to thirty-four; and that of Pennsylvania, from eight to twenty-six. In the mean time, the new states have sprung into being; and Ohio, which in 1803 was only entitled to one, now counts fourteen representatives.1 The census of 1831 exhibits still more striking results. In 1790, the whole population of the United States was about three millions nine hundred and twenty-nine thousand; and in 1830, it was about twelve millions eight hundred and fifty-six thousand.2 Ohio, at this very moment, contains at least one million, and New-York two millions of inhabitants. These facts show the wisdom of the provision for a decennial apportionment; and, indeed, it would otherwise have happened, that the system, however sound at the beginning, would by this time have been productive of gross abuses, and probably have engendered feuds and discontents, of themselves sufficient to have occasioned a dissolution of the Union. We probably owe this provision to those in the convention, who were in favour of a national government, in preference to a mere confederation of states.3

1 Rawle on Constitution, ch. 4, p. 45.

2 American Almanac for 1832, p. 162.

3 See Journal of Convention, 165, 168, 169, 174, 179, 180.

§ 645. The next part of the clause relates to the total number of the house of representatives. It declares, that "the number of representatives shall not exceed one for every thirty thousand." This was a subject of great interest; and it has been asserted, that scarcely any article of the whole constitution seems to be rendered more worthy of attention by the weight of character, and the apparent force of argument, with which it was originally assailed.1 The number fixed by the constitution to constitute the body, in the first instance, and until a census was taken, was sixty-five.

§ 646. Several objections were urged against the provision. First, that so small a number of representatives would be an unsafe depositary of the public interests. Secondly, that they would not possess a proper knowledge of the local circumstances of their numerous constituents. Thirdly, that they would be taken from that class of citizens, which would sympathize least with the feelings of the people, and be most likely to aim at a permanent elevation of the few, on the depression of the many. Fourthly, that defective, as the number in the first instance would be, it would be more and more disproportionate by the increase of the population, and the obstacles, which would prevent a correspondent increase of the representatives.

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§ 647. Time and experience have demonstrated the fallacy of some, and greatly impaired, if they have not utterly destroyed, the force of all of these objections. The fears, which were at that period so studiously cherished; the alarms, which were so forcibly spread; the dangers to liberty, which were so strangely exaggerated; and the predominance of aristocratical and exclusive power, which were so confidently predicted, have all vanished into air, into thin air. Truth has silently dissolved the phantoms raised by imaginations, heated by prejudice or controversy; and at the distance of forty years we look back with astonishment at the laborious reasoning, which was employed to tranquillize the doubts, and assuage the jealousies of the people. It is fit, however, even now, to bring this reasoning under review, because it inculcates upon us the important lesson, how little reliance can be placed upon mere theory in any matters of government; and how difficult it is to vindicate the most sound practical doctrines against the specious questioning of ingenuity and hostility.

1 The Federalist, No. 55; 2 Amer. Museum, 427; Id. 534; Id. 547; 4 Elliot's Debates, (Yates and Lansing's Letter to Gov. Clinton,) 129, 130.

2 The Federalist, No. 58; 1 Elliot's Debates, 56; Id. 206, 214, 215, 218, 219, 220, 221 to 225; Id. 226 to 232.

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§648. The first objection was, to the smallness of the number composing the house of representatives.1 It was said, that it was unsafe to deposit the legislative powers of the Union with so sinall a body of men. was but the shadow of representation. Under the confederation, congress might consist of ninety-one; whereas, in the first instance, the house would consist of but sixty-five. There was no certainty, that it would ever be increased, as that would depend upon the legislature itself in its future ratio of apportionments; and it was left completely in its discretion, not only to increase, but to diminish the present number.1 Under such circumstances, there was, in fact, no constitutional security, for the whole depended upon the mere integrity and patriotism of those, who should be called to administer it.

1 It is remarkable, that the American writer, whom I have several times cited, takes an opposite objection. He says, "the national house of representatives will be at first too large; and hereafter may be much too large to deliberate and decide upon the best measures." Thoughts upon the Political Situation of the United States of America, (Worcester, 1788.)

22 Amer. Museum, 247, 534, 547, 551, 554.

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§ 649. In reply to these suggestions it was said, that the present number would certainly be adequate, until a census was taken. Although under the confederation ninety-one members might be chosen, in point of fact a far less number attended. At the very first census, supposing the lowest ratio of thirty thousand were adopted, the number of representatives would be increased to one hundred. At the expiration of twentyfive years it would, upon the same ratio, amount to two hundred; and in fifty years, to four hundred, a number, which no one could doubt would be sufficiently large to allay all the fears of the most zealous admirers of a full representation. In regard to the possible diminution of the number of representatives, it must be purely an imaginary case. As every state is entitled to at least one representative, the standard never would probably be reduced below the population of the smallest state. The population of Delaware, which increases more slowly, than that of any other state, would, under such circumstances, furnish the rule. And, if the other states increase to a very large degree, it is idle to suppose, that they will ever adopt a ratio, which will give the smallest state a greater relative power and influence, than themselves.5

1 1 Elliot's Debates, 56, 57; Id. 204, 205, 206; 2 Elliot's Debates, 53, 54; Id. 99.

21 Elliot's Debates, 205; 2 Elliot's Debates, 53, 54, 132, 206; Id. 223, 224.

3 1 Elliot's Debates, 57, 249.

4 The Federalist, No. 55; 1 Elliot's Debates, 214, 215, 227.

51 Elliot's Debates, 242, 249.

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