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consequently be less than the total population. By the census of 1850, the representative population of the United States was computed at 21,767,673 persons; while the total population was returned as 23,191,876.

§ 81. The words "other persons" are generally supposed to refer to slaves. Some of the States were in favour of, and others opposed to, including that class in the estimate of the population of a State, so as to increase the number of its representatives. Conflicting opinions existed which were maintained with great bitterness. There were slaves in all the States when the Constitution was adopted, though some contained a much greater number than others.

§ 82. This clause was finally adopted as a compromise; and it was agreed, not that all, but only three-fifths of the slaves should be included in the representative population of the States, and that direct taxes should be apportioned in the same manner. Thus the States in which there was a large number of slaves, while they were allowed an increase of representatives on account of the slave population, were also subjected in like proportion to an increased burden of direct taxation.

§ 83. In order to ascertain the population of the States, so as to apportion the representatives and direct taxes, a general enumeration of the inhabitants of all the States is directed to be taken within three years after the first meeting of Congress, and within every subsequent term of ten years, in such manner as Congress may direct. This enumeration is called the census. In ancient Rome (from whose language the word is derived) the census was an enumeration of the number of Roman citizens, including a valuation of each one's property, and a registration of his tribe, family, children, and servants.

§ 84. The census of the United States has been taken seven times, namely, in 1790, 1800, 1810, 1820, 1830, 1840, and 1850. The duty of taking the census has been intrusted chiefly to the marshals of the United States, (who are the executive officers of the federal courts, corresponding to the sheriffs in the States,) and to assistants appointed by them.

§ 85. According to the act of Congress regulating this subject, each marshal divides his district into smaller divisions, not exceeding twenty thousand persons in each, and appoints an assistant for each subdivision. Each assistant then visits personally every dwelling-house and family in his subdivision, and makes the inquiries of some member of the family which are required by the act of Congress. These inquiries must be answered, or a penalty of thirty dollars is forfeited to the use of the United States. The expense of taking the last census was $1,318,027.53.

§86. The census has not been restricted to a mere enumeration of the inhabitants of the States; but has included a collection of interesting and valuable statistics and facts relating to agriculture, commerce, mines, manufactures, education, and other subjects, so as to exhibit a full view of the pursuits, industry, resources, and productions of the country. The general results of the census are then printed and published under the authority of Congress.

§ 87. The following diagram shows the comparative total population of the several States and territories of the Union during successive periods of ten years each, or at each census, since 1790. In the first column, the States are arranged in the order of their relative rank at that time—Virginia being first, Massachusetts the second, and Tennessee the least populous of all the States of


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 become the first, Virginia the fourth, Massachusetts the sixth, and Tennessee the fifth.

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*This diagram was prepared by Professor Gillespie of Union Col

lege, who has obligingly assented to its publication here.

§ 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 inhabitants. 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. There is also one delegate from each of the organized territories, viz. Oregon, Minnesota, Utah, New Mexico, Washington, Kansas, and Nebraska.

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 per


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 the fractions remaining in the several States on the division of their population by the ratio, and is compensated by

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