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which the Union was then composed.* In the last column, the States are arranged in the order of their rank, as determined by the census of 1850, New York having be. come the first, Virginia the fourth, Massachusetts the sixth, and Tennessee the fifth.
Rank in 1700, pa s
... 14 Del... 15 Tenn. . 16
$ 88. The heavy lines extending in a zigzag course from the first to the last column exhibit the rise or fall of the States in each period of ten years. Thus Kentucky, which stood thirteenth in 1790, rose to be ninth during the first period, to be seventh during the second period, to be sixth during the third period, and continued to hold that rank for two periods, until 1840, when she began to decline, and in 1850 she appears as the eighth State. Michigan, which stood twenty-fourth in 1810, was twentyseventh in 1820 and in 1830, twenty-third in 1840, and twentieth in 1850. Thus, by following the line of each State, we may trace its comparative rise and fall at each successive census.
$ 89. The clause under consideration provides that there shall be one representative for every thirty thousand inhabitants. If the population of a State does not reach that number, it is, nevertheless, entitled to one representative. The first apportionment of representatives among the several States was merely temporary, and intended to exist only until the first census. As the population of the country has increased, the number of representatives has been increased by various acts of Congress.
$ 90. The first House of Representatives consisted of 65 members, which was one for every 30,000 inhabitants. By the census of 1790, there were constituted 106 representatives—one for every 33,000 inhabitants. By that of 1800, 142 representatives—one for every 33,000 inhabitants. By that of 1810, 183 representatives—one for every 35,000 inhabitants. By that of 1820, 213 representatives—one for every 40,000 inhabitants. By that of 1830, 242 representatives--one for every 47,700 in. habitants. By that of 1840, 223 representatives—one for every 70,680 inhabitants. By the act of May 23, 1850: the number of representatives was increased to 233 members from the States, which is one for every 93,423 inhabitants. Subsequently an additional member was allowed to California, making the whole number of representatives 234.
Under the census of 1860, one representative was apportioned to every 124,183 inhabitants; and by act of March 4, 1862, eight more representatives were added, making 242.
Every territory, in which a regularly organized territorial government has been established by act of Congress, is entitled to have one representative in Congress, who may participate in the debates, but cannot vote. Such territories are generally called organized territories.
$ 91. An act of Congress of May 23, 1850, directs the Secretary of the Interior, after each enumeration of the inhabitants of the States, to ascertain the entire representative population of the United States, 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. He is then to divide the aggregate population as thus ascertained, by 233, the number of representatives fixed by the act, and the result of that division, rejecting any fractions or remainders which may be left, shall be the ratio or rule of apportionment of representatives among the several States. He then divides the representative population of each State by the ratio thus determined, and the result of this last division gives the number of representatives apportioned to such State. The aggregate of representatives ascertained in this way is less than 233.
$ 92. The loss in the number of members is caused by ihe fractions remaining in the several States on the division of their population by the ratio, and is coinpensated by assigning to so many States having the largest fraction, one additional member each, for its fraction, as may be necessary to make the whole number of representatives amount to 233. When the apportionment is completed, the Secretary of the Interior sends a certificate thereof to the House of Representatives, and to the Executive of each State a certificate of the number of representatives apportioned to such State.
$ 93. Thus, by dividing the aggregate representative population of the States, which by the census of 1850 was ascertained to be 21,767,673, by 233, the number of representatives established, as we have seen, by law, a quotient of 93,423 is obtained as the ratio of representation ; this ratio, being divided into the representative population of each State respectively, gives a total of 219 representatives; California, Delaware, and Florida each, returned in the census as having a population less than the ratio, are, nevertheless, by the clause we are now considering, each entitled to one representative, which increases the total number to 222. This still leaves eleven representatives, who, by the act above mentioned, are to be assigned to the eleven States having the highest fractions.
$ 94. By a special act of July 30, 1852, an additional representative is allowed to California until a new apportionment, in consequence of the defectiveness of the census returns for that State ; and, until such new apportionment, the whole number of representatives from the States was increased to 234.
$ 95. As the House of Representatives is at present constituted, there are four modes in which State may be entitled to a representative:
(1.) By the ratio of representation. (2.) By its large fraction.
(3.) By the constitutional provision that “each State shall have at least one representative.”
(4.) By special law.
$ 96. The following table shows how the representatives were distributed among the States by the census of 1860, according to the above modes :
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[Clause 4.] “When vacancies happen in the Representation from any State, the Executive Authority
* By the act of Dec. 31, 1862, West Virginia was erected into a separate State, and was given three representatives until the next census; but the act does not say whether they shall be deducted from the apportionment to Virginia or not.