would render the official liable to censure, or perhaps to impeachment, or removal from office.

5. Other resolutions are merely expressive of the senti ments or opinions of Congress, such as the thanks it frequently votes to officers of the army and navy for brave and gallant conduct in the discharge of their duty in perilous situations. Such a recognition of the merits and good conduct of any man in the public service is considered highly honorable to him who receives it.

Some resolutions are concurrent-that is, both Houses of Congress must concur in or pass the same before they have any power or validity. The Constitution prohibits either House of Congress from adjourning for more than three days without the concurrence of the other House. A final adjournment, or any other, for more than three days, would require the passage of a concurrent resolution.

6. Other resolutions may pass in only one House, but are equally binding upon the members and officers of that House which passes them; but they do not bind the officers of the other House: such, for example, as relates to adjournments for not more than three days; to the order of business in that House; directions to the officers and employees of that body, &c., &c.

CHAFTER XXVIII.

Ratio of Representation.

1. THE ratio of representation simply means the ratio between the whole population of the United States, and the whole number of their representatives in Congress, and this of course includes the ratio between the people of any individual State, and the representatives it is entitled to; both being estimated upon the same basis, and determined. by the same rule.

2. The distinctive characteristic of our Government is, that it is a popular Government. Its power is vested in the people. They elect their rulers, who are the servants of the people, and these rulers are expected to carry out the people's wishes. Upon such a system, it is a matter of the first importance, to distribute this power equally among all the people, and after having fixed upon the ratio between the whole population and the whole number of Representatives; or, in other words, after having determined how many members shall compose the lower House of Congress, the next step is to apportion these members among all the States in the ratio of their population. If one State has twice the number of inhabitants that another has, it will be entitled to twice the number of representatives in Congress. If one has ten times the inhabitants that another has, it will be entitled to ten times the number of representatives and so on; with this one exception,

which is, that by a provision in the Constitution, every State, without regard to its population, is entitled to one representative in the lower House.

3. The adjustment of this matter is all provided for in the Constitution, that is, in its general features; but it devolves upon Congress in every tenth year to readjust and reapportion the representatives among the several States, according to the population of each State as shown by the last Census, which is taken every tenth year; and when the apportionment is once made, it remains the same for the next ten years, when the Census is taken again, and a new apportionment is made.

4. Up to the present time [1867], this has been done nine times. It was done the first time by the Convention which formed the Constitution. That apportionment is found in the Constitution, and is as follows.

By this it will be seen that the first Congress consisted of but 65 members.

The Constitution also provided that the representatives should not exceed one to every 30,000 people. The next year after the Government went into operation, [1790], the first census was taken, and as soon as the result was known. a new apportionment was made. This was done

in 1792, and was made upon the ratio of one representative to every 33,000 of representative* population.

5. In 1800, the second census was taken; and when Congress made the appointment, which was done in 1803, it did not change the ratio, but left it at 1 representative to every 33,000 of the representative population.

In 1810, the third census was taken, and in 1811, the ratio was fixed at 1 Representative for every 35,000 of the population.

In 1820, the fourth census was taken, and in 1822 Congress fixed the ratio at 1 Representative for every 40,000 of the population.

In 1830, the fifth census was taken, and in 1832 the ratio was fixed at 1 representative to every 47,000 of the poplation.

In 1840, the sixth census was taken, and in 1842, Congress again declared that the ratio should be 1 represen tative to every 70,000 of the population.

7. In 1850, the seventh census was taken, and in conformity with the law passed this year, the number of members was for the first time limited; the limit being 233; and the Secretary of the Interior was ordered to take the census returns, and divide the whole representative population by the number 233, and to make the quotient the ratio between the representatives and the people.

8. We have never seen the result of the Secretary's estimate; but, taking the population of 1850, and dividing it by 233, would produce a quotient of nearly 94,000; and this we take as the ratio, after the time when it was done,

The representative population includes all free persons, white or black; to which (according to the provisions of the Constitution), three-fifths of all the slaves were to be added. But this proviso, now that slavery is abolished, has become a nullity.

in 1852; that is, one representative to every 94,000 of the population.

9. In 1860, the eighth and last census was taken, and by the foregoing rule one representative was allowed for every 127,000 of the population.

In 1850 Congress adopted the principle of permanently fixing the number of members of Congress, to save the trouble of doing it as heretofore-every ten years. An act was passed limiting it to 233; but notwithstanding this limitation, it was provided that if any new State came in, it should have its member, which would add to the number 233. But this increase was to continue no longer than until the next apportionment, when the number was to fall back again to the old figure.

But in 1862 this law was modified, so as to make the whole number of members to consist of 241 after the 3d of March, 1863, because it was found that by this number a closer approximation to an equality between the States, on the basis of their population, could be attained than by the number 233. And here it stands now-at 241-with its numbers apportioned among the several States as follows: