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disregarded in practice, and was at length repealed by statute of 14 Geo. 3, ch. 58. This circumstance is not a little remarkable in parliamentary history; and it establishes, in a very striking manner, how little mere theory can be regarded in matters of government. It was found by experience, that boroughs and cities were often better represented by men of eminence, and known patriotism, who were strangers to them, than by those chosen from their own vicinage. And to this very hour some of the proudest names in English history, as patriots and statesmen, have been the representatives of obscure, and, if one may so say, of ignoble boroughs.

§ 323. It has been justly observed, that under the reasonable qualifications established by the constitution, the door of this part of the federal government is open to merit of every description, whether native or adoptive, whether young or old, and without regard to poverty or wealth, or any particular profession of religious faith.

§ 324. The next clause of the second section of the first article respects the apportionment of the representatives among the states. It is as follows: "Represen"tatives and direct taxes shall be apportioned among "the several states, which may be included in this "Union, according to their respective numbers, 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 first meet"ing of the congress of the United States, and within every subsequent term of ten years, in such manner "as as they shall, by law, direct. The number of repre

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"sentatives shall not exceed one for every thirty thou"sand; but each state shall have at least one represen"tative. And until such enumeration shall be made, "the state of New-Hampshire shall be entitled to choose "three, Massachusetts eight, Rhode-Island and Prov❝idence 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."

§ 325. The first apportionment thus made, being of a temporary and fugacious character, requires no commentary. The basis assumed was probably very nearly the same, which the constitution pointed out for all future apportionments, or, at least, of all the free persons in the states.

It is obvious, that the question, how the apportionment should be made, was one, upon which a considerable diversity of judgment might, and probably would, exist. Three leading principles of apportionment would, at once, present themselves. One was to adopt the rule already existing under the confederation; that is, an equality of representation and vote by each state, thus giving each state a right to send not less than two, nor more than seven representatives, and in the determination of questions, each state to have one vote. This would naturally receive encouragement from all those, who were attached to the confederation, and preferred a mere league of states, to a government in any degree national. And accordingly it formed, as it should seem, the basis of what was called the New-Jersey Plan. This rule of apportionment met, however, with a decided opposition, and was negatived in the convention, at an early period, seven states voting against it, three being in its favour, and one being divided.

326. Another principle might be, to apportion the representation of the states according to the relative property of each, thus making property the basis of rerpresentation. This might commend itself to some persons, because it would introduce a salutary check into the legislature in regard to taxation, by securing, in some measure, an equalization of the public burthens, by the voice of those, who were called to give most towards the common contributions. That taxation ought to go hand in hand with representation had been a favourite theory of the American people. Under the confederation, all the common expenses were required to be borne by the states in proportion to the value of the land within each state. But it has been already seen, that this mode of contribution was extremely difficult and embarrassing, and unsatisfactory in practice, under the confederation. There do not, indeed,

seem to be any traces in the proceedings of the convention, that this scheme had an exclusive influence with any persons in that body. It mixed itself up with other considerations, without acquiring any decisive preponderance. In the first place, it was easy to provide a remedial check upon undue direct taxation, the only species, of which there could be the slightest danger of unequal and oppressive levies. And it will be seen, that this was sufficiently provided for, by declaring, that representatives and direct taxes should be apportioned by the same ratio.

§ 327. In the next place, although property may not be directly aimed at, as a basis in the representation, provided for by the constitution, it cannot, on the other hand, be deemed to be totally excluded, as will presently be seen. In the next place, it is not admitted, that property alone can, in a free government, safely be re

lied on, as the sole basis of representation. It may be true, and probably is, that, in the ordinary course of affairs, it is not the interest, or policy of those, who possess property, to oppress those, who want it. But, in every well-ordered commonwealth, persons, as well as property, should possess a just share of influence. The liberties of the people are too dear, and too sacred, to be entrusted to any persons, who may not, at all times, have a common sympathy and common interest with the people in the preservation of their public rights, privileges, and liberties. Checks and balances, if not indispensable to, are at least a great conservative in, the operations of all free governments. And, perhaps, upon mere abstract theory, it cannot be justly affirmed, that either persons or property, numbers or wealth, can safely be trusted, as the final repositaries of the delegated powers of government. By apportioning influence among each, vigilance, caution, and mutual checks are naturally introduced, and perpetuated.

§ 328. The third and remaining principle was, to apportion the representatives among the states according to their relative numbers. This had the recommendation of great simplicity and uniformity in its operation, of being generally acceptable to the people, and of being less liable to fraud and evasion, than any other, which could be devised. Besides; although wealth and property cannot be affirmed to be in different states exactly in proportion to the numbers; they are not so widely separated from it, as, at a hasty glance, might be imagined. There is, if not a natural, at least a very common connexion between them; and, perhaps, an apportionment of taxes according to numbers is as equitable a rule for contributions according to relative wealth, as any, which can be practically obtained.

§ 329. The scheme, therefore, under all the circumstances, of making numbers the basis of the representation of the Union, seems to have obtained more general favour, than any other in the convention, because it had a natural and universal connexion with the rights and liberties of the whole people.

§ 330. But here a difficulty of a very serious nature arose. There were other persons in several of the states, than those, who were free. There were some persons, who were bound to service for a term of years; though these were so few, that they would scarcely vary the result of the general rule, in any important degree. There were Indians, also, in several, and probably in most, of the states at that period, who were not treated as citizens, and yet, who did not form a part of independent communities or tribes, exercising general sovereignty and powers of government within the boundaries of the states. It was necessary, therefore, to provide for these cases, though they were attended with no practical difficulty. There seems not to have been any objection to including, in the ratio of representation, persons bound to service for a term of years, and to excluding Indians not taxed. The real (and it was a very exciting) controversy was in regard to slaves, whether they should be included in the enumeration,

or not.

§331. The truth is, that the arrangement adopted by the constitution was a matter of compromise and concession, confessedly unequal in its operation, but a necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions. It was agreed, that slaves should be represented under the mild appellation of "other per

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