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XXIX.—Opinion on the Bill apportioning Representation.

April 4, 1792.

The Constitution has declared that representatives and direct taxes shall be apportioned among the several States according to their respective numbers. That the number of representatives shall not exceed one for every 30,000, 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 3, Massachusetts 2.

The bill for apportioning representatives among the several States, without explaining any principle at all, which may show its conformity with the constitution, to guide future apportionments, says, that New Hampshire shall have 3 members, Massachusetts 16, &c. We are, therefore, to find by experiment what has been the principle of the bill; to do which, it is proper to state the federal or representable numbers of each State, and the numbers allotted to them by the bill. They are as follows:—

Members.
Vermont85,5323
New Hampshire141,8235
Massachusetts475,32716
Rhode Island68,4442
Connecticut285,9418
New York352,91511
New Jersey179,5566
Pennsylvania432,88014
Delaware55,5382
Maryland278,5139
Virginia630,55821
Kentucky68,7052
North Carolina353,52111
South Carolina206,2366
Georgia70,8432
3,636,312120

It happens that this representation, whether tried as between great and small States, or as between north and south, yields, in the present instance, a tolerably just result; and, consequently, could not be objected to on that ground, if it were obtained by the process prescribed in the Constitution; but if obtained by any process out of that, it becomes arbitrary and inadmissible.

The 1st member of the clause of the Constitution above cited is express, that representatives shall be apportioned among the several States according to their respective numbers. That is to say, they shall be apportioned by some common ratio—for proportion, and ratio, are equivalent words; and, in the definition of proportion among numbers, that they have a ratio common to all, or in other words, a common divisor. Now, trial will show that there is no common ratio, or divisor, which, applied to the numbers of each State, will give to them the number of representatives allotted in this bill. For trying the several ratios of 29, 30, 31, 32, 33, the allotments would be as follows:—

2930313233 The Bill
Vermont222223
New Hampshire444445
Massachusetts161515141416
Rhode Island222222
Connecticut877778
New York121111111011
New Jersey655556
Pennsylvania141413131314
Delaware111112
Maryland998889
Virginia212120191921
Kentucky222222
North Carolina121111111012
South Carolina766667
Georgia222222
118112109107105120