- ↑ See Christian's Note to 1 Black. Comm. 181; Com. Dig. Parliament, E. 5.; 1 Wilson's Law Lect. 159, 160; 4 Co. Inst. 8.
while the most obvious construction is liable to no other, that of the bill incurs many and grievous ones.
| Fractions. | |||
| 1st | 45,000 | 2 | 15,000 |
| 2d | 45,000 | 2 | 15,000 |
| 3d | 45,000 | 2 | 15,000 |
| 4th | 45,000 | 2 | 15,000 |
| 5th | 45,000 | 2 | 15,000 |
| 6th | 45,000 | 2 | 15,000 |
| 7th | 45,000 | 2 | 15,000 |
| 8th | 45,000 | 2 | 15,000 |
| 9th | 44,999 | 1 | 14,999 |
| 10th | 44,999 | 1 | 14,999 |
| 11th | 44,999 | 1 | 14,999 |
| 12th | 44,999 | 1 | 14,999 |
| 13th | 44,999 | 1 | 14,999 |
| 14th | 44,999 | 1 | 14,999 |
| 15th | 44,999 | 1 | 14,999 |
| 674,993 |
"1. If you permit the large fraction in one state to choose a representative for one of the small fractions in another state, you take from the latter its election, which constitutes real representation, and substitute a virtual representation of the disfranchised fractions; and the tendency of the doctrine of virtual representation has been too well discussed and appreciated by reasoning and resistance, on a former great occasion, to need development now.
"2. The bill does not say, that it has given the residuary representatives to the greatest fractions; though, in fact, it has done so. It seems to have avoided establishing that into a rule, lest it might not suit on another occasion. Perhaps it may be found the next time more convenient to distribute them among the smaller states; at another time among the larger states; at other times according to any other crotchet, which ingenuity may invent, and the combination of the day give strength to carry; or they may do it arbitrarily, by open bargain and cabal. In short, this construction introduces into congress a scramble, or a vendue for the surplus members. It generates waste of time, hot blood, and may, at some time, when the passions are high, extend a disagreement between the two houses, to the perpetual loss of the thing, as happens
vol. ii.20
