§ 682. The next clause of the second section of the first article, is: "When vacancies happen in the representation of any state, the executive authority thereof shall issue writs of election to fill such vacancies."
§ 683. The propriety of adopting this clause does not seem to have furnished any matter of discussion, either in, or out of the convention.[1] It was obvious, that the power ought to reside somewhere; and must be exercised, either by the state or national government, or by some department thereof. The friends of state powers would naturally rest satisfied with leaving it with the state executive; and the friends of the national- ↑ Journal of Convention, 217, 237, 352.
bill; to do which, it is proper to state the federal or representable numbers of each state, and the members allotted to them by the bill. They are as follows:
| Vermont | 85,532 | 3 | 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 inadmissible.
|
| New-Hampshire, | 141,823 | 5 | |
| Massachusetts, | 475,327 | 16 | |
| Rhode-Island, | 68,444 | 2 | |
| Connecticut, | 235,941 | 8 | |
| New-York, | 352,915 | 11 | |
| New-Jersey, | 179,556 | 6 | |
| Pennsylvania, | 432,880 | 14 | |
| Delaware, | 55,538 | 2 | |
| Maryland, | 278,513 | 9 | |
| Virginia, | 630,558 | 21 | |
| Kentucky, | 68,705 | 2 | |
| North Carolina, | 353,521 | 11 | |
| South Carolina, | 206,236 | 7 | |
| Georgia, | 206,236 | 2 | |
| 3,636,312 | 120 |
"The first 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 it is 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 re-
