Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-05-04

the Union, whose members amount to the number of l23
being clear majority OF the whole House whose aggrc-
gate fractions altogether amount only TO fifty three thou
sand while Vermont and New Jersey, having together
but eleven members, have joint fraction seventy five
thousand.
Pennsylvania by the bill will have, as it happens lust
! as many members as Vermont New Hampshire NIassa-
ehuses and lew Jersey; but her population is equal
To theirs by hundred and thirty thousands and the reason
OF this al, omtagc derived from the provisions OF the
on H. tha Ter fraction OF residum twelve thousand
only, while theirs il hundred aud forty-iour
But the subjects capable being presented in more
exact and mathematical form. The House is 10 consist
OF two hundred and forty members Now, the precise
proportion oipowcr out oi the whole represented bv
the numbers two hundred and forty, which New York
would be entitled To according to her population is SIS So
u"'i to say she would be entitled To IS members
"oun nave re Iuun OF traction, and even, ii mcmher
we're given he for that racon she would still have but
/ thirty nine; 5ut the bill gives her forty.
These are part, and but part OF thosc results pro
'uecd ny the hi IN It's present form, which the committee
cannot bring themselves approve While It is not TO
nc uenied that underan rule OF opporonmcnt,
gree oi relative inequality always exist the commit
Gee cannot believe than tho Senate will sanction ineqa
and injustice 20 the extern which they exist in ths
u they can beovoidcd But rcco'lecting the opinions
W"ch h'i becn expressed IN the discussions of the
senate, the committee have diligently sought 10
learn whether there other number
which might he taken for ratio the application of
winch would work out more Justice and equality
In tinS pursuit, the committee have not been successful
lhcre are 1t Is true, other numbers the adoption of
winch would relieve many OF the States which suffer un
ar" hc presents but this relief would be obtained only by
snug The pressure 20 other States, thus creating ne w
SVhS OF complaint In other quarters. The number for
V-'onr mousand mas been generally spoken OF the
most acceptable substitute Tor 81 100; but should this he
adopted, great relative inequality would fall on several
states, ana among them of the new and grow
ing States, whose relative dispropor,on, thus already
great would be constantly increasing The committees
therefore, of opinion that the bill should lie altered in
me mode oil appouonncnt They think thatthc process
which begins by assuming ratio should he Abandoned
ana that The bill ought to be framed the principle of
me amendment which has hecn the main subject of dis
cusSlon before the Senate The fairness Of the prncple
oil TINS amendment and the general equity of its results
compared with those which flow from the other process
seem PLAIN and undcniablc The main question has been
whether the principle itself be constitutional and this
question the committee proceeded TO examine respectful
~ asking OF those who have doubted its constitutions, nro
pretty TO deem the question OF so much importance as TO
justify second reflection. ~
The words of the constitution are, representatives and
fec taxes snail be apporioned among the several States
winch may be included within this Union according TO
ncif respective numbers, which shall be determined by
addg To The whole number of wee persons includinc
nose Mound ocryice Tor term of years, and excluding
Indians threciiiihs OF all other persons The octua
enumeration shall be made within three years after the
s' "oehgo OF The Congress OF the u. States and within
every subsequent term OF years. in such manner as
ey shall by law direct The number of representatives
shall not exceed every thirty thousand but each
Sulte shall have at least representatives."
There would seem to be little difficulty i'm understanding
theSe provisions The terms used, designed doubt
less 10 ne received in peculiar technical sense but
o'.Hls 10 ller common and popular acceptaon. To
GPporti0i', Is 20 distribute by right measures % set of in
ls parts TO assign ia due and proper proportion These
clauses OF the constitution respect only The portions of
power but the portions OF the public burden also which
should ial the several States the same is an
phcd both Representatives 10 be apporoncd among
the States according 10 their respective numbers and direct
taxes are TO be apporoned by the same rule The end
aimed at is that representation and toxo,ior ,,o,,n m
i,''" III manu. that each Stale should he represented i'm
the same extent to which made subject TO tbc pubc
charges by direct taxation But between the apporon
inent oil representatives and the apporiionment of taxes
mr. necessarily eAists one essential difference Repre-
scntaton founded on numbers must have some limit, and
pcie' from i's nature, thing not capable of indefinite
s'iDdiVson 1t cannot be made precisely equal A fax
indeed cannot always, often be apporoned with nor
as I'm other matters OF account, there will
DC fractional parts OF the smallest coins and the smallest
domination OF money OF account, yet by the usual sinh.
divisions OF the coin, and of the denomination of nonc
inc aPPornonment OF taxes capable Of being made so
ACT mat he inequality becomes minute and invisible But
representation cannot be thus divided OF reprcsentaon
there can be nothing less than bv our
constitution, more representatives than one Tor every thirty
ouSdu It's quite obvious, therefore, that the apporion-
nen 81 representative power never be precise and mr.
rect mere must always exist degree of inecualitv
nose VINO framed, and those who adopted the constI-
on were, OF course fully acquainted with this necessary
operation OF the provision. I'm the Senate the States are
entitled 10 fixed number of Senators. aud teroc,o in go
gard TO Their representation in that body there is no con-
Sequcntiai or incidental inequality arising But BEING re-
presented In the House of Representatives according to
her respective numbers OF people il is unavoidable a
VI 10 cach State lis number of members, the ex-
act proportion Of each, of given number cannot al
way OF o1h ne expressed in whole numbers; that is TO
NY II WIZ moi often be found that there belongs 70 A
state exactly onetenth, onc-twcn,ieh or ono-biricb
oil he whole House; and therefore, number of repre-
senaiycs will exactly correspond with the roL c scb
to II, according TO lis population.
ne constitution, therefore, be understood not nc
ehoinng am absolute relative cdualitv-becausc that
would be demanding an mpos-iby--bnt as recurring of
Congress to make the apportonn9n of rcpresentafves
among The several States according TO their rospcctive
numbers, as near as m0y be- That which cannot he |
zone perfectly must he done in manner as near perfec-
on as can be- II eXacnesS cannot from the nature Of
lhhSS he attained then The greatest practicable approach
to cXactncss ought to be made.
Congress is not absolvcd from all rule mcrolv bocars
me rule OF perfect justice be applied In such
case approximation becomes rulc il takes the place If
mat o'ncrTnie which would he preferable but which is
o lnappcablc, and becomes, itself an OBLIGATION Of
oh"ihg oice. lac nearest approximation to exact truth
or eNaci rGn wien That exact truth that exact RIGHT
cannot liseii be reached prevails in other cases not ne
matter CT discretion, but inels lille and deine ruIc
dictated ny justice and conforming 10 the common sense
OF mankind; rule of less binding force in cases IN
which 1T Is applicable, and more TO be departed from
than any other rule or obligation.
The committee understand the coneit,tio, &c H.
would have understood it, if had said in so many words
that representatives should be apportioned among th
States according TO their respective numbers ms S1r ne
may be II this be not its meaning then il has either
gwen, on this most delicate and important subject rule
which Is always mpractcabc Use il has eiyen no rc
al a because the rule be that representatives shall be
aPPoTioheh cruelty according to numbers impractca
bic in every and if for this reason that cannot Inc tho
rule, then there Is rule whatever unless te rule he
mat they snail be aPporoned near as tnau be-
his construction, indeed which the committee ,lopt
mas not TO their knowledge, been denied; and thew pro
coed in the discussion Of the question before fine Senate
taking for granted that such is the true and undenabIc
meaning OF the constitution. '"'"'o