Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/115

This page has been proofread, but needs to be validated.
CH. IX.]
HOUSE OF REPRESENTATIVES.
107

gated powers of government.[1] By apportioning influence among each, vigilance, caution, and mutual checks are naturally introduced, and perpetuated.

§ 633. The third and remaining principle was, to apportion the representatives among the states according to their relative numbers. This had the recommendation of great simplicity and uniformity in its operation, of being generally acceptable to the people, and of being less liable to fraud and evasion, than any other, which could be devised.[2] Besides; although wealth and property cannot be affirmed to be in different states, exactly in proportion to the numbers; they are not so widely separated from it, as, at a hasty glance, might be imagined. There is, if not a natural, at least a very common connection between them; and, perhaps, an apportionment of taxes according to numbers is as equitable a rule for contributions according to relative wealth, as any, which can be practically obtained.[3]

§ 634. The scheme, therefore, under all the circumstances, of making numbers the basis of the representation of the Union, seems to have obtained more general favour, than any other in the convention, because it had a natural and universal connection with the rights and liberties of the whole people.[4]

§ 635. But here a difficulty of a very serious nature arose. There were other persons in several of the states, than those, who were free. There were some persons, who were bound to service for a term of years; though these were so few, that they would scarcely
  1. The Federalist, No. 54.
  2. Id.
  3. The Federalist, No. 54; Resolve of Congress, 18th April, 1783, (8 Journals of Congress, 188, 194, 198); 1 United States Laws, (Bioren & Duane's edit.) 29, 32, 35.
  4. The Federalist, No. 54.