me before breakfast, and first introduced some ed no principle on which the allotment was other matter, then fell on the representation made. It wore the appearance of an arbitrary bill, which he had now in his possession for the apportionment. The circumstance, also, that tenth day. I had before given him my opinion there are two steps in the process of propor in writing, that the method of apportionment tion by which the result was obtained, may was contrary to the constitution. He agreed have been considered objectionable. The conthat it was contrary to the common understand-stitution, however, is silent on this head, and ing of that instrument, and to what was under- requires only that the apportionment should be stood at the time by the makers of it; that, yet, according to numbers.

it would bear the construction which the bill put; The second was probably the main objection and he observed that the vote for and against in General Washington s mind, viz. that it gave the bill was perfectly geographical, a northern to several States more than one member for against a southern vote, and he feared he every thirty thousand. This objection has no should be thought to be taking side with a sou- application to the present bill, which gives to ern party. I admitted the motive of delicacy, no State a member for less than thirty thousand but that it should not induce him to do wrong; inhabitants. urged the dangers to which the scramble for fractionary members would always lead. ~*

On the whole, therefore, it appears→→→
1st. That, in the first apportionment, which

He went home, sent for Randolph, the At- forms a part of the text of the constitution, the torney General, desired him to get Mr. Madi-convention proceeded by fixing the number of son immediately, and come to me; and if we the House, and that, from a comparison of that three concurred in opinion, that he should ne- number with the entire estimated population, a gative the bill. He desired to hear nothing ratio was reduced.

1

more about it, but that we would draw the in- 2d. That in applying that ratio, a great instrument for him to sign. They came. Qur dulgence was exercised towards the smaller minds had been before made up. We drew the States, in allowing them additional members instrument. Randolph carried it to him, and beyond their exact proportion. told him we all concurred in it. He walked with him to the door; and, as if he still wished to get off, he said, And you say you approve of this yourself?' Yes, sir,' says Randolph, I do, upon my honor.' 'He sent it to the House of Representatives instantly." *

3d. That the principle of apportionment adopted in the present amendment, was supported by several of the most eminent members of the federal convention.

4th. And that, though the bill of 1792 was rejected by General Washington, it was believ ed by him that the constitution would admit the construction which the bill placed upon it; and that he was induced with reluctance to interpose his negative.

It appears, from this passage, that General Washington thought that the constitution admitted both constructions put upon it; and this important fact enables us to comprehend more clearly the purport of the message conveying These considerations, it is believed, are sufhis negative, a message not drafted by himself, ficient to show that no inference can be drawn as it appears from Mr. Jefferson's account, and from the fate of the bill of 1792, adverse to sent to the House of Representatives at the the constitutionality of the present amendment. last moment, and with evident reluctance. It is The subsequent acquiescence in a different in the following terms: mode of apportionment, cannot affect the rights "Gentlemen of the House of Representa- of those States on whom it operates injuriously. tives: I have maturely considered the act pass-The evil is constantly increasing with the grow ed by the two Houses, entitled 'An act for the apportionment of representatives among the seseveral States according to the first enumera tion,' and I return it to your House where it originated, with the following objections:

ing inequality of population in different States. It is greater now than ever before, and is of a nature to go on increasing indefinitely. The constitution has provided a new apportionment every ten years. This of itself suggests a sufFirst. The constitution has prescribed that ficient reason for rectifying, on the occasion of representatives shall be apportioned among the a new apportionment, any error in the former several States according to their respective process. It is a very insufficient reason for acnumbers, and there is no one proportion or di- quiescence in a manifest injustice, that it has visor, which, applied to the respective num- been borne forty years: it ought to be suffibers of the States, will yield the number and cient to point it out, to have the remedy conce allotment of representatives proposed by the bill. ded. Second. The constitution has also provided It has been already urged that the constitu that the number of representatives shall not ex- tion provides that representatives and direc ceed one for every thirty thousand; which re-taxes shall be apportioned among the severa striction is, by the context, and fair and obvious States according to their respective numbers construction, to be applied to the separate and It is an obvious inference from this rule, that the respective numbers of the States; and the bill same process should be observed in each ap has allotted to eight of the States more than one portionment. The objection to the amend for every thirty thousand. ment, that it proceeds on principles of consoli dation, because it institutes a proportion be The first objection of General Washington tween the aggregate of the population and the was so far founded in fact, that the bill express-numbers of the House, applies with equal forc

GEORGE WASHINGTON."

to the process by which direct taxes always It is even contended that the bill apportions have been, and always will be, apportioned. It representatives to the States respectively, and has been argued, indeed, that no State, in a that the amendment does not; and this unexcase where it has received a member beyond pected result is thought to be attained because its exact proportion, would consent to pay tax. the numbers given by the bill, and amounting, es in proportion to its members beyond its arith altogether, to 240, are the quotients, omitting metical share of the tax; but it is still more im, the remainders, obtained by dividing the whole portant to observe, that no State would be ex- population of the Union by the ratio which cused from any part of the tax on account of gives, in the aggregate, a House of 250. The her unrepresented fractions. Although depriv-fallacy of this statement is too apparent to reed of a part of the privilege of her representa-quire exposition. The objection of the propor tion, she would be relieved from no part of the tion is to ascertain what part of a House of a burden of taxation. And if, as the objection given size is to be apportioned to each State. truly assumes, no State would consent to be The first term of the proportion is the aggretaxed for an extra member, it applies with dou-gate population of the Union-the second is the ble force to the bill. In a House of 240, the whole House-the third is the population of exact proportion of New York is 38.59—the each State—and the fourth, the representation amendment gives her 39 members. It is object of each State. Now, as all the third terms, ed to this, that out of a tax of $240, New York would not fairly be taxed $39. But the bill gives her 40 members; and in the same degree -and in which it would be more unjust to tax her $40 rather than $39, her true share being $38 59-in that degree, the bill is more obnoxious than the amendment to the objection urg-the due proportion between the States, each ed.

added together, must make the first, so all the fourth terms, added together, must make the second. But this result cannot be attained without including the fractions. These the bill rejects, and makes the sum of the fourth terms equal to 240, instead of 250; and yet, it is said,

losing its own fractions, is to be presumed.”— This cannot be done without presuming that any given number of representatives is the same proportionate part of 250 and 240; that is, that 240 and 250 are the same number.

It has also been said that the approach to an exact proportion made by the amendment is imaginary; and tables have been constructed to show the inequalities which would result from taking, as the ratio of apportionment, the po- But, while the minority of the committee are pulation of some one of the States which re- decidedly of opinion that the laws of equity, ceives an additional member. But the amend- and the fair interpretation of the constitution, ment proceeds on the incontestible principle, require an apportionment on the principles of that no one arbitrary ratio, previously fixed and the amendment of the Senate, they recommend applied to each State, would give an equitable to the House to adopt a different number, viz. result in practice. It is, therefore, illogical, to 256. This number has the advantage of retake the case of a State having an additional taining to each State its present representation member for a large fraction, and make use of in Congress-an advantage not possessed by the its population as a ratio to apply to all the other number 251. It is an additional recommendaStates. Still, however, this objection is capa- tion of the number 256; that it is the exact ble of the most complete answer, It is admit- mathematical result of the rule of proportion, ted that the same principle which, in the applied according to the principles maintained amendment, gives Delaware two members, (or in the foregoing statement. In apportioning a one for 37,716 inhabitants,) would greatly en-House of 250, the result is a House of 251; and hance the representation of New York, Penn- if 251 be the number assumed, the aggregate sylvania, &c. beyond what the amendment as result will be 252. Although, in practice, there signs to them. But, on the other hand, it is is no inconvenience in this result, and the prinalmost too obvious to need statement, that the ciple of the nearest possible approach to an exprinciple of the bill which gives Delaware but act mathematical proportion remains unimpairone for 75,432, would greatly reduce the repre-ed, the number 256 has the advantage of being sentation beyond what the bill assigns to those States.

free from this real or supposed objection. The minority of the committee accordingly recom. mend an amendment to the amendment of the Senate, in virtue of which the House will consist of 256 members, distributed in such a manher that each State will have that number assigned it which comes the nearest possible to the exact proportion which the population of the State bears to the Union.

By a table marked A, and subjoined to the report of the committee, it appears that if every State were represented on a ratio that gives Delaware two members, the House would be carried to 306. But if every State were represented on a ratio that gives Delaware but one member, the entire House would be sunk to 148. The excess, on the first supposition, is 66. The Table marked D presents, at one view, the deficiency, on the second, is 92. The inequality apportionment of the present House-the apof the bill over that of the amendment is, ac portionment proposed by the bill-the apporcordingly, as 92 is to 66. (See table C.) In tionment proposed by the Senate's amendment like manner, it can be proved, by mathemati--and the apportionment proposed in the cal calculation, that every other kind of inequa- amendment here with submitted to the amendlity ascribed to the amendment, operates ment. against the bill to a much greater degree.

EDWARD EVERETT,
JOSEPH VANCE.

CONGRESSIONAL.

MONDAY, MAY 21.

TU SDAY, MAY 22.

the bill for the benefit of the St. Vincent Female Orphan Asylum, under the direction of the sisters of charity.

FRIDAY, MAY 25.

In the Senate, on Saturday, Mr. GRUNDY, In the House of Representatives, a motion to from the Committee on the Post Office and suspend the rule, for the purpose of offering a Post Roads, to, which had been referred the resolution fixing the period of adjournment, bill to Repeal the Postage on Newspapers, was negatived. Mr. ADAMS announced that made a report unfavorable to the objects of the the Committee on Manufactures would be prebill. The report having been read, fifteen pared to report on the subject of the tariff on hundred extra copies were ordered to be Wednesday morning. After the discussion of printed, on motion of Mr. HILL. In the course the report in the case of the Wiscasset collecof the discussion which took place on the tor, the House proceeded to the consideration motion to print the report, Messrs. EWING of the business appertaining to the District of and TOMLINSON, members of the committee, Columbia, for which the day had been specially stated that they dissented entirely from the set apart. The bill for the construction of a reasoning, and could not vouch for the facts bridge across the Potomac, was, after a long presented in the report, as no paper or evi- debate, laid on the table, by a vote of ayes 68, dence of any kind whatever had been laid before noes 62. the committee. The message of the House of Representatives, disagreeing to the Senate's amendment to the Apportionment Bill, was In the Senate, yesterday, the resolution intaken up on motion of Mr. WEBSTER, and after troduced by Mr. ROBBINS, that the Committee a few remarks had been made by that gentleon the Library should inquire into the expedi man, Mr. WAITE moved that the Senate recede ency of erecting an equestrian statue in bronze, from its amendment. After a debate in which of General Washington, to be placed in front Messrs. DICKERSON, SMITH, FORSYTH, WEBSTER, mittee directed so report by bill or otherwise. of the Capitol, was concurred in, and the com. POINDEXTER, BUCKNER, NAUDAIN, and TAZEWELL, took part. Mr. NAUDAIN moved to lay Several memorials were presented by Mr. WIL the message on the table. This motion was KINS, Mr. DICKERSON, and Mr. DALLAS, from manufacturers and workers in leather, protestlost, ayes 19, noes 26. The question was then taken on receding, and it was decided in the ing against any reduction of duty on this artiaffirmative, yeás 26, nays 19. The Pension Bill cle. At the instance of Mr. SMITH, the Baltiwas then read the third time and passed, yeas priation of one million of dollars towards its more and Ohio rail-road bill, making an appro 24, nays 19. The Senate then adjourned. completion, was taken up. Mr. S. delivered his sentiments at considerable length, showing In the Senate, yesterday, petitions were pre- the peculiar advantages of this line, and the sented by Messrs. BUCKNER, DALLAS, and superiority of this mode of conveyance over all CHAMBERS. The bill defining the qualifications others. Mr. MANGUM, believing that this apof voters in the territory of Arkansas, was read propriation embraced principles of much imthe second time and considered as in Commit-portance, moved that the bill shouid, for the tee of the Whole, and ordered to a third read- present, be laid on the table, in order to give ing. A number of bills were then ordered to time for the Senate to act on it with due delibea third reading, and several were read twice ration; and, on division, this motion was agreed and referred to appropriate committees. On to-ayes 20, noes 14. Several bills, already motion of Mr. CHAMBERS, the following bills in discussed, were matured; that for the relief of relation to the District of Columbia, were seve- Capt. Whittaker was rejected on its final pasrally considered, and the same having been ex- sage: after which, the Senate, on motion of plained and advocated by Mr. C. were ordered Mr. GRUNDY, went into the consideration of to be read a third time, viz. The bill for the Executive business.. improvement of Pennsylvania avenue; the bill In the House of Representatives, Mr. CAMconcerning the penitentiary of the District of BRELENG reported, from the Committee on Columbia; the bill vesting in the corporation of Commerce, a bill further extending the right Washington the rights of the Washington Ca- of debenture to the port of Key West, which ⚫nal Company; the bill to extend the limits of was read twice and ordered to a third reading Georgetown; the bill to aid the vestry of Wash- this day. On the motion of Mr. BELL, the ington parish in the erection of a keeper's Committee of the Whole was discharged from house, and the improvement of the burial certain Indian bills, and the same were referred ground allotted for the interment of members to a Committee of the Whole on the state of of Congress; the bill to quiet the possessions the Union. Mr. IRVIN, of Ohio, submitted an for the enrolling of conveyances and for secur- amendment to the bill for the renewal of the ing the estates of purchasers of real estate in charter of the Bank of the United States, which the District; the bill to amend the act to en- was referred to a Committee of the Whole on large the powers of the several coporations of the state of the Union, and ordered to be printthe District of Columbia; the bill supplementa-ed. The House again took up the Wiscasset ry to the act to incorporate the Female Orphan business, and Mr. SLADE Continued his remarks Asylum of Georgetown, and Washington City until the expiration of the morning hour. Orphan Asylum, in the District of Columbia;) bill establishing a port of entry at Edgertown,

The

Massachusetts, was read a third time and pass-Committee of the Whole on the state of the ed. The bill re-appropriating certain unex Union to which the tariff bill is committed. pended balances was next considered; the Mr. JOHNSON, of Kentucky, from the Committee question being upon the amendment proposed on the Post Office and Post Roads, reported the by Mr. VANCE, to grant $20,000 as an addi- post office bill as amended by the Senate, retional compensation for improvements made by commending for that committee a concurrence the Shawnee Indians. After some discussion in the amendments of the Senate. Mr. A. H. the amendment was negatived-ayes 70, noes SHEPPARD, of North Carolina, moved its post96; and the bill was ordered to be engrossed ponement till this day, but the motion was nefor a third reading this day. The House, af-gatived. The amendments of the Senate were terwards, acted upon a variety of the special then concurred in. The Speaker laid before orders upon the calendar. Mr. HUBBARD then the House a variety of communications from moved to discharge the Committee of the the public departments. Mr. SUTHERLAND, Whole on the state of the Union from the Se-by consent, presented a memorial from the nate revolutionary pensions bill, in order to hatters of Philadelphia against the reduction of make it the special order. Mr. BARBOUR pre- the duty on hats, as proposed by the Secretary sented a similar motion with respect to the Vir- of the Treasury. It was referred to a Comginia claims bill; and Mr. DUNCAN, a motion mittee of the Whole on the state of the Union. to take up, in the same manner, the bill for After the transaction of some further business, the construction of a canal from the river Illi. the bill for a subscription of $100,000 to the nois co lake Michigan. Several other motions stock of the Alexandria Canal Company, for were submitted; and the House subsequently the purpose of constructing an aqueduct went into a Committee of Whole, Mr. BELL, of across the Potomac, above Georgetown, was Tennessee, in the chair, on the revolutionary ordered to a third reading, by a vote of 90 to pensions bill, the Virginia claims bill, and the 78, and was ultimately passed. Several other bill for the improvement of certain harbors and bills were passed; and, at four o'clock, the the navigation of certain rivers. The bills have House adjourned. ing been gone through, were reported to the House. The pensions bill was ordered to a

SATURDAY, MAY 26.

FROM THE VIRGINIA TIMES.

We

third reading, by a vote of 115 to 53; and, on CONDITION OF THE SOUTH'N STATES. motion of Mr. HUBBARD, its third reading was It cannot be concealed or denied, that the fixed for Thursday next. The Virginia claims political weight of the southern States has debill was postponed till this day; and, before clined, and is destined still further to decline, any action was taken on the harbor and river in the Confederacy. We are in a minorityimprovement bill, the House, on the motion a minority losing strength every day-while the of Mr. McCox, of Va., adjourned. ́à majority against us, is increasing, in a proportion even beyong that of our decline! In the Senate, yesterday, several memorials positive direction to the course and conduct of can never hope by dint of numbers, to give any were presented by Messrs. DALLAS and WIL- the Federal Government. If we should ever KINS from citizens of Pennsylvania, remonstrat succeed in influencing its action, it must be by ing against any reduction of the duties on im- the force of our moral character as a people; or ported wool, fax, and slate's. Mr. RUGGLES by our negative power as States. We shall presented a memorial signed by sundry, citizens never be able to say, that this or that bill shall of Ohio, praying legislative interference in be- not pass; but we may, if true to ourselves, say, half of the missionaries imprisoned in Georgia. this or that bill shall not become a law. Mr. CHAMBERS laid on the table a resolution in. The west and the north have combined togetructing the Committee on the Judiciary to in- ther for political and pecuniary purposes-and quire and report if any and what further provi- into the hands of the majority, formed by this on is necessary to enforce the decisions and combination, our Constitution has been entrustdecrees of the Supreme Court. A number of ed. Our interests under that Constitution, as bills were ordered to a third reading; and the well as the Constitution itself, are at the mercy following were read the third time and passed: of this majority. The laws which are passed, the bill for the relief of Capt. John Burnham; and which operate upon us, are enacted, not the bill for the relief of Samuel May; and the only against our will, but by men who are not bill for the relief of Wm. Wayne Wells. The bill responsible to us through the elective franto recharter the Bank of the United States was chise. We cannot reach them by our votes→→→ taken up as the unfinished business, and Mr. but they stand afar off, and are totally indepenWEBSTER addressed the Senate in a speech of dent of our frowns or smiles. They legislate some length in favor of the bill. When Mr. away our rights and our property-and when W. had concluded, Mr. MOORE gave notice of we remonstrate against the wrong and injustice, his intention to offer to-day an amendment to they turn a deaf ear to our complaints, and the bill, and moved an adjournment, which was laugh at our calamity."

66

carried. Were the question between us and the peoIn the House of Representatives, Mr. IHRIE ple of the other States, we might hope for represented a memorial from certain citizens of lief; for the people are every where open to Pennsylvania against any reduction in the duties the claims of justice and of right. But unforon imported slates. It was referred to the same tunately the question is between us and the

Third expedient of arresting these oppressiye agents of these people, who have formed this Then may we reacombination, for the purpose of their own self- and unconstitutional laws. aggrandizement; and who, by their acts, are sonably hope that the attention of the people stripping us of our money, to pay their tools every where, will be roused to inquire into and and partisans for keeping the people in igno- investigate the causes of, and heal the existing rance. We have now been an editor for some dissentions. They can do it-and they will do years, and have enjoyed the opportunity of see-it. Bring the question fairly before them, and ing almost every day, the leading papers of the we fear not the consequences. They will act Van Buren and Clay parties north of the Poto-as becomes them, and their profligate leaders mac, and we do not now remember a single in- will get their reward. stance, where the views of the southern StatesIn order to effect this result, it is desirable men upon the constitutionality or expediency of that all the southern States should have moved the measures of Government, have been laid by as one man. Having the same interests, and these two classes of papers, before the people professing the same principles, they would of the north. But instead of it, garbled ex- have gone together, with perfect unanimity of tracts, gross misrepresentations, and false state-sentiment but for a miserable faction in this ments of facts and arguments, have been pre- State, which has wrought more essential injury pared with the view of exciting the popular to the south, than even the northern statesmen prejudices against us, and of blinding the eyes themselves. These leaders are engaged in Preof the people to the true merits of our cause. sident-making, and are laboring to throw VirgiSo completely is the press subsidised by the ad-nia into the embraces of the north, thus injur herents of Clay and Van Buren, that the avenues to the justice and reason of the people are entirely closed up. Their agents fear to let them know of their where-a-bouts, lest they be brought to account.

ing her own, and the cause of the whole south. Her vote is set up to the highest bidder, and the actioneers are to divide the proceeds of the sale, which will take place at Baltimore on the third Monday in this month. But we hope that the rest They are laboring to bring their respective of the southern States will remain true and faithleaders into power, under the hope of sharing ful, and that the Constitution and the country, in the "Spoils of Victory," and as these mea- may yet be preserved in spite of the tories and sures are the machines with which they work, all their regencies. they must keep them up, lest they fall with them.

FROM THE MISSOURI REPULLIĆAN, MAY 8.

INDIAN WAR.

Under these circumstances, what must be done? It is vain to reason. The people of the north know as little about the arguments We learn that the hostile Indians, amounting of our Representatives, as the Khan of Tartary to about five hundred, have left their village What, then, must be done? There are but above the Rapids of Rock River, and have gone three alternatives. We must either submit al-up the river sixty or seventy miles above its together; or, the Union must be dissolved; or, mouth. They are as hostile as ever, and exthese oppressive and unconstitutional laws must press their determination to fight; but we are be arrested in their operation by the 'States informed that there are many near the scene of which are oppressed by them." action who believe that they will endeavor to

As to the first expedient-no man who va- flee from the troops as soon as they make their lues his liberty will think of it for a moment. appearance, It is reported, that General AtSubmission is a word not to be found in our Po-kinson has sent to Prairie des Cheins for there litical Lexicons and he is unacquainted with companies of the first regiment of infantry, and the character of the southern people, who be- that he intends to take the field in a few days. lieves that they will yield up their liberty and We are informed that some of the Winnebaproperty to any set of men on the earth.

goes, Pottawatomies and Kickapoos, are with the hostile band of Sacs and Foxes, but it is believed that they will desert them on the appearance of a military force.

As to the dissolution of the Union, that must not be thought of until every other expedient fails. Our institutions are deservedly dear to LATER.-We are informed by a gentleman the people, and if we had honest men to administer their ordinances in their true spirit, we who arrived in town last night, that news had should be the happiest, the greatest, and most been brought to Rock Island by three Indians prosperous people on the globe. We must not of Black Hawk's party, that the hostile band of yet yield up our institutions, and give to the Sacs and Foxes were again descending Rock enemies of liberty a further argument against River, that they had expressed a willingness to free government. We must talk and reason give up the murderers, and were determined to this matter over with our fellow citizens in other sue for clemency, They were driven to this States and not with their profligate agents at course, it is said, by the defection of their alWashington. We must go and meet them face lies among the Winnebagoes and Pottawatomies. to face, and tell them what we have suffered-Notwithstanding these peaceful appearances, and how, and by whom, we have been oppress-General Atkinson deemed the presence of the ed. This is the only alternative, and we can-Illinois militia to be necessary, and had written not avail ourselves of it, but by adopting the to Governor Reynolds to teat effect.