meeting; and every years thereafter; and that the ·legislature arrange the representation accordingly."

Mr. WILLIAMSON proposed to amend, by having the census show the number "of free white inhabitants, and three fifths of those of other descriptions."

"Three fifths," &c. was stricken out, and the blank filled with "fifteen." The proposition was subsequently modified so as to require the first census to be taken within six years, and every ten years thereafter, "of all the inhabitants, in the manner and according to the ratio recommended by Congress, in their resolution of 18th April, 1783 [rating the blacks at three fifths of their number]," which prevailed. Yeas - Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, 6. Nays - New Jersey, Delaware, 2. Divided - Massachusetts, South Carolina, 2.

On motion of Mr. ELLSWORTH, "three years stituted for "six years."

was sub

Under the seventh census (1850), the States are entitled to the following representation in the House of Representatives, namely:

By the act of 23d May, 1850 (9 Stat. 432), the House of Representatives is hereafter to consist of two hundred and thirty-three members, to be apportioned among the several States, after the taking of each census, in accordance with the provisions of the Constitution, by the Secretary of the Interior. The representatives from new States, admitted into the Union subsequently to each apportionment, are to be in addition to the above number; but such additional number is only to continue until the next apportionment.

ARTICLE I.

SECTION II.

Clause 5.-The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. Clause 6. -The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

In Federal Convention. The subject of this clause being under consideration,

Mr. DICKINSON“ supposed the sums paid in each would form a better ratio" for the House of Representatives,

"than either the number of inhabitants or the quantum of property."

Mr. SHERMAN proposed, "the respective numbers of the free inhabitants."

Mr. GERRY, from the grand committee, to whom the subject had been referred, reported: —

"That in the first branch of the legislature, each of the States now in the Union shall be allowed one representative for every forty thousand inhabitants of the description" described in the third clause of this section, as the basis of taxation; and that "vacancies shall be supplied by writs of election from the executive authority of the State."

On motion of Mr. DICKINSON," Provided that each State shall have one representative at least," added.

was

The clause in this form was referred to a special committee, who reported, "That the first House consist of fifty-six members, to be subsequently regulated by the legislature, upon the principles of the wealth and number of inhabitants." It was finally adopted as reported by the grand committee, with Mr. Dickinson's amend

ment.

After its engrossment, Mr. GORHAM said, "If it was not too late, he could wish, for the purpose of lessening the objections to the Constitution, that the clause declaring that the number of representatives shall not exceed one for every forty thousand,' which had produced so much discussion, might yet be reconsidered, in order to strike out forty thousand,' and insert thirty thousand.'"

6

Mr. KING and Mr. CARROLL Supported the motion.

General WASHINGTON said, "Although his situation had hitherto restrained him from offering his sentiments on questions depending in the House, and, it might be

thought, ought now to impose silence on him, yet he could not forbear expressing his wish that the alteration proposed might take place. It was much to be desired, that objections to the plan recommended might be made as few as possible. The smallness of the proportion of representatives, had been considered by many members of the convention an insufficient security for the rights and interests of the people. He acknowledged that it had always appeared to himself among the exceptional parts of the plan; and late as the present moment was for admitting amendments, he thought this of so much consequence that it would give him much satisfaction to see it adopted."

Mr. MADISON says this was the only occasion in which General Washington entered at all into the discussions of the Convention.

The reconsideration was carried and the amendment agreed to.

Judicial Construction. The executive of a State may receive the resignation of a member and issue writs for new election, without waiting to be informed by the House that a vacancy exists. Mercer's case, Cl. & Hall, 44; Edwards's case, id. 46.