on the census, the house of representatives will consist of one hundred and twelve members. w Every one has heard of the saying of the famous Cardinal de Retz-that every publick assembly, consisting of more than one hundred members, was a mere mob. It is not improbable, that the Cardinal drew his conclusion from what he had seen and experienced. He lived in a turbulent season; and, in that turbulent season, was distinguished as a most turbulent actor. Of consequence, he was much conversant with mere mobs. But surely no good reason can be given, why the number one hundred should form the precise boundary, on one side of which, order may be preserved, and on the other side of which, confusion must unavoidably prevail. The political qualities of publick bodies, it is, in all likelihood, impossible to ascertain and distinguish with such numerical exactness. Besides; the publick bodies, most celebrated w After the census mentioned in the text, the representatives were apportioned among the states, by an act of congress passed on the fourteenth day of April, 1792, agreeably to a ratio of one member for every thirty three thousand persons in each state, computed according to the rule prescribed by the constitution. The number of representatives, agreeably to that ratio, amounted to one hundred and five. A second enumeration was made in the year one thousand eight hundred; and the representatives were, by an act of congress passed on the fourteenth day of January, 1802, apportioned among the states agreeably to the same ratio. Their number amounted to one hundred and forty one. The state of Ohio has since been admitted into the Union, and is entitled to one member. This last apportionment is still in force. The senate of the United States, at present, consists of thirty four ́ members. Ed. for the decency and dignity, as well as for the importance, of their proceedings, have far exceeded, in number, the bounds prescribed by the Cardinal for the existence of those respectable qualities: witness the senate of Rome, and the parliament of Great Britain. There is, however, with regard to this point, an extreme on one hand, as well as on the other. The number of a deliberative body may be too great, as well as too small. In a great and a growing country, no precise number could, with propriety, be fixed by the constitution. A power, in some measure discretionary, was, therefore, necessarily given to the legislature, to direct that number from time to time. If the spirit of the constitution be observed in other particulars, it will not be violated in this. III. I proceed, in the third place, to treat of the term, for which the members of the national legislature are chosen. In the greatest part of the states, the members of the most numerous branch of their legislature are chosen annually; in some, every half year. The members of the least numerous branch are generally chosen for a longer term. By the constitution of the United States, the members of the house of representatives are chosen every second year." 66 X When we consider the nature and the extent of the general government, we shall be satisfied, I apprehend, that biennial elections are as well proportioned to it, as annual elections are proportioned to the individual states, and half yearly elections to some of the smallest of them. Art. 1. s. 2. The senators of the United States are chosen for six years; but are so classed, that the seats of one third part of them are vacated at the expiration of every second year; so that one third part may be chosen every second In Pennsylvania, the senators are chosen for four years; but are so classed, that the seats of one fourth part of them are vacated at the expiration of every year; so that one fourth part may be chosen every year. The intention, in assigning different limitations to the terms, for which the members of the different houses are chosen, and in establishing a rotation in the senate, is obviously to obtain and secure the different qualities, by which a legislature ought to be distinguished. These qualities are, stability, consistency, and minute information. All these qualities may be expected, in some degree, from each house; but not in equal proportions. For minute information, the principal reliance will be placed on the house of representatives; because that house is the most numerous; and because its members are most frequently chosen. The qualities of stability and consistency will be expected chiefly from the senate; because the senators continue longer in office; and because only a part of them can be changed at any one time. IV. I proceed to treat concerning the laws, and rules, and powers of the two houses of congress. The parliament of Great Britain has its peculiar law; a law, says my Lord Coke," with which few are acquaint y Cons. U. S. art. 1. s. 3. 2 Cons. Penn. art. 1. s. 5.9. ed, but which deserves to be investigated by all. The maxims, however, upon which the parliament proceeds, are not, it seems, defined and ascertained by any particular stated law: they rest entirely in the breast of the parliament itself. The dignity and independence of the two houses, we are told, are preserved, in a great measure, by keeping their privileges indefinite. Very different is the case with regard to the legislature of the United States, and to that of Pennsylvania. The great maxims, upon which our law of parliament is founded, are defined and ascertained in our constitutions. The arcana of privilege, and the arcana of prerogative, are equally unknown to our system of jurisprudence. с d By the constitution of the United States, each house of the legislature shall be the judge of the qualifications and returns, and also of the elections, of its own members. By the constitution of Pennsylvania, each house shall judge of the qualifications of its members: but contested elections shall be determined by a committee to be selected, formed, and regulated in such manner as shall be directed by law. With regard to this subject, the constitution of Pennsylvania has, I think, improved upon that of the United States. Contested elections, when agitated in the house itself, occasion much waste of time, and, too often, a considerable degree of animosity among the members. These inconveniences will be, in a great measure, avoided by the proceedings and decision of a committee, directed and governed by a standing law. b 1. Bl. Com. 163. 164. VOL. II. c Art. 1. s. 5. d Art. 1. s. 12. X It is proper, in this place, to take notice, that the house of representatives in congress have appointed a standing committee of elections. It is the duty of this committee, to examine the certificates of election, or other credentials of the members returned; to take into their consideration every thing referred to them concerning returns and elections; and to report their opinions and proceedings to the house.. g In the United States and in Pennsylvania, the legis lature has a right to sit upon its own adjournments: but neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two houses shall be sitting. f In England, the sole right of convening, proroguing, and dissolving the parliament forms a part, and, obviously, a very important part, of the prerogative of the king. Here we discover, in our new constitutions, another renovation of the old Saxon customs. The original meetings of the wittenagemote in England were held regularly at two seasons of the year; at the end of spring, and at the beginning of autumn. Afterwards there came to be two sorts of wittenagemote; one held by custom, and at the stated periods; the other called occasionally, and by a special summons from the king. i e Jour. Rep. 13th April, 1789. f Cons. U. S. art. 1. s. 5. Cons. Penn. art. 1. s. 16. g 1. Bl. Com. 187. 188. h Bac. on Gov. 36. Millar. 146. 242. i A similar distinction between stated and occasional assemblies was observed by the Athenians. The times of the former were appointed by law: the latter were summoned by those at the |