Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/113

This page has been proofread, but needs to be validated.
CH. IX.]
HOUSE OF REPRESENTATIVES.
105

a mere league of states, to a government in any degree national.[1] And accordingly it formed, as it should seem, the basis of what was called the New-Jersey Plan.[2] This rule of apportionment met, however, with a decided opposition, and was negatived in the convention at an early period, seven states voting against it, three being in its favour, and one being divided.[3]

§ 631. Another principle might be, to apportion the representation of the states according to the relative property of each, thus making property the basis of representation. This might commend itself to some persons, because it would introduce a salutary check into the legislature in regard to taxation, by securing, in some measure, an equalization of the public burthens, by the voice of those, who were called to give most towards the common contributions.[4] That taxation ought to go hand in hand with representation, had been a favourite theory of the American people. Under the confederation, all the common expenses were required to be borne by the states in proportion to the value of the land within each state.[5] But it has been already seen, that this mode of contribution was extremely difficult and embarrassing, and unsatisfactory in practice, under the confederation.[6] There do not, indeed,
  1. Journ. of Convention, 111, 153, 159.
  2. Mr. Patterson's Plan, Journ. of Convention, 123; 4 Elliot's Debates, (Yates's Minutes,) 74; id. 81; id. 107 to 113, 116; 2 Pitk. Hist. 228, 229, 232.
  3. Journ. of Convention, 11th June, 111. See also id. 153, 154; 4 Elliot's Debates, (Yates's Minutes,) 68.
  4. 4 Elliot's Debates, (Yates's Minutes,) 68, 69; Journ. of Convention, 11th June, 111; id. 5th July, 158; id. 11th July, 169.
  5. Confederation, Art. 8.
  6. Journals of Congress, I7th Feb. 1783, vol. 8, p. 129 to 133; id. 27th Sept. 1785, vol. 10, p. 328; id. 18th April, 1783, vol. 8, p. 188; 1 Elliot's Debates, 56; 2 Elliot's Debates, 113; 1 Tuck. Black. Comm. App. 235, 236, 243 to 246; The Federalist, No. 30; id. No. 21.

vol. ii.14