Mode of Apportionment.

55. Though, at first view, it would seem to be a very easy matter to apportion representatives among the states, according to their respective numbers, it has nevertheless been a subject of much difficulty. In point of fact, it has been found impracticable to apportion representatives exactly according to numbers. Whatever common ratio or divisor is fixed upon, there will be resulting fractions. If these fractions are less than thirty thousand they must be disregarded, because, by the Constitution, more representatives than one for every thirty thousand are not allowed. But if the fractions exceed thirty thousand what is to be done with them?

56. The rule adopted by Congress, at one time, was this: the representative population of each state was divided by a common divisor, and, in addition to the number of members resulting from such division, a member was allowed to each state whose fraction exceeded a moiety of the division.

57. By Act of Congress (Feb. 2, 1872,) it is provided that after the 3d day of March, 1873, the House of Representatives shall be composed of two hundred and eighty-three members. These members are apportioned among the several states according to the ninth census, and the number each state is entitled to is specifically stated in the act. If a new state is ad

mitted into the Union subsequent to such apportionment, the representation or representatives of such new state are additional to the original number of two hundred and eighty-three.*

58 In addition to the representation of the states, Congress allow each of the organized territories of the United States to send a delegate to the House of Representatives, who has the privilege of debating but not of voting.

Vacancies.

59. To conclude this branch of our subject we have only to add, that when vacancies happen in the representation from any state, the executive authority thereof is required to issue writs of election to

By the act of May 23, 1850, the number of representatives of which the House was to be composed was fixed at 233. The aggregate representative population of the United States, ascertained by adding to the whole number of free persons in all the states, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons, was divided by 233, and the quotient, rejecting fractions, became the ratio of representatives among the several states. The representative population of each state, ascertained in the same manner, being now divided by this common ratio, gave the number of representatives apportioned to each. But in this process there had been a loss in the number of members caused by the fractions; it fell short of 233. This loss was compensated for by assigning to so many states having the largest fractions as might be necessary to make the whole number of representatives 233, one additional member each for its fraction

fill them; and also, that the house of representatives choose their own speaker and other officers, and have the sole power of impeachment. It may also be observed, that it is not necessary for the executive of a state to be first informed by the house itself that a vacancy exists before issuing a writ of election; it is sufficient if he has received the resignation of a member.

THE SENATE.

Importance of a Senate.

60. Mr. Burke has remarked that a monarchy may exist without a senate; but that it seems to be in the very essence of a republican government. Obviously this was the opinion of the framers of the Constitution of the United States. They constituted a Senate, and constituted it in such manner as to give it, in greater or less measure, a steady control in the action of the government.

61. By the mode of their election, the members of the Senate are likely to be men of known ability and established character. By their term of office, they are in a situation to disregard those gusts of passion or delusion that frequently sweep over all communities, and can await in security the return of reason, of justice, and moderation.

How constituted.

62. The Constitution provides that the Senate shall be composed of two senators from each state, chosen by the legislature thereof for six years, and that each senator shall have one vote.

63. This equality of representation in the Senate, without reference to the disproportion in the territory, wealth, or population of the several states, was the result of compromise and mutual concession. The small states demanded it as a means of protection against the large, and as being in accordance with. the federal principle: the proportional representation in the House being conformable to the national principle, and thus securing the large states against the small.

Mode of Election.

64. The members of the Senate are chosen by the legislatures of the respective states, and generally by a joint vote, that is, both branches of the legislature unite and form one assembly, and the majority elect. The Senate, however, in a recent case, decided that, in order to the validity of such an election, both branches, acting separately, must first have voted to meet as a joint body, and have actually met accordingly. In some of the states each branch gives a separate and independent vote, and a majority of each must concur in the choice of the same candidate or there is no election. This is called a concurrent vote. By the act of July 25, 1866, Congress prescribed the following mode of electing senators:The legislature of each state which shall be chosen