Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/162

right of choosing a speaker, without any appeal to, or approval by any other department of the government, is an improvement upon the British system. It secures

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now in Pennsylvania assembly: whereas the other construction reduces the apportionment always to an arithmetical operation, about which no two men can possibly differ.
"3. It leaves in full force the violation of the precept which declares, that representatives shall be apportioned among the states according to their numbers, that is, by some common ratio.
"Viewing this bill either as a violation of the constitution, or as giving an inconvenient exposition to its words, is it a case wherein the president ought to interpose his negative? I think it is.
"1. The non-user of his negative begins already to excite a belief, that no president will ever venture to use it; and, consequently, has begotten a desire to raise up barriers in the state legislatures against congress throwing off the control of the constitution.
"2. It can never be used more pleasingly to the public, than in the protection of the constitution.
"3. No invasions of the constitution are so fundamentally dangerous, as the tricks played on their own numbers, apportionment, and other circumstances respecting themselves, and affecting their legal qualifications to legislate for the Union.
"4. The majorities, by which this bill has been carried, (to wit, of one in the senate, and two in the house of representatives,) show bow divided the opinions were there.
"5. The whole of both houses admit the constitution will bear the other exposition; whereas the minorities in both deny it will bear that of the bill.
"6. The application of any one ratio is intelligible to the people, and will, therefore, be approved; whereas the complex operations of this bill will never be comprehended by them; and, though they may acquiesce, they cannot approve, what they do not understand."
Mr. Webster's report on the same subject, in the senate in April, 1832, presents the leading arguments on the other side.
"This bill, like all laws on the same subject, must be regarded, as of an interesting and delicate nature. It respects the distribution of political power among the states of the Union. It is to determine the number of voices, which, for ten years to come, each state is to possess in the popular branch of the legislature. In the opinion of the committee, there can be few or no questions, which it is more desirable should be settled on just, fair, and satisfactory principles, than this; and, availing themselves of the benefit of the discussion, which the bill has already undergone in the senate, they have given to it a renewed and anxious consideration. The result is, that, in their opinion, the bill ought to be