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[Clause 2.] "No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
§ 74. The qualifications of a representative consist of these three particulars :
(1.) He must be not less than twenty-five years of age. (2.) He must have been a citizen of the United States for seven years.
(3.) He must be an inhabitant of the State in which he shall be chosen.
These are the only qualifications established by the Constitution, and the better opinion is that the States have no right to require other or different qualifications.
§ 75. A representative is not required to be a citizen of the United States by birth. If a foreigner by birth, he may become a citizen by naturalization, and then becomes. eligible as a representative after a citizenship of seven years.
§ 76. At the time of the adoption of the federal Constitution, many of the inhabitants of the colonies, and many who had fought bravely in the Revolutionary war, were emigrants from Europe, and it was deemed just that they should be entitled to share in the offices and honours of the new government which they had aided in establishing. They were, therefore, made eligible as representatives, though the limitation of a previous seven years' citizenship was thought necessary, lest such representatives might be disposed to favour their native country in managing the foreign affairs and other subjects of legislation. An alien must reside here five years before he becomes a
citizen; this, added to the seven years of citizenship which the above clause requires, amounts, in all, to twelve years of previous residence before he is eligible as a representative.
§ 77. The representative must be an inhabitant of the State in which he is chosen. It is not required that he should be a resident of the particular district from which he has been chosen, nor that he should have resided either in the district or the State for any definite length of time before his election. Nor is it said that he shall lose his seat if he remove from his State or district during the two years. It is not necessary that he should possess a certain amount of property, or profess any particular form of religious belief.
[Clause 3.] "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of Ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each state shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Con
necticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three."
§ 78. A tax is a duty laid by government for its service, on the person, property, or income, of individuals. Taxes are of two kinds, direct and indirect. A direct tax is laid directly on the income or property itself; for instance, on lands or houses. An indirect tax is one laid on articles of production or consumption.
Direct taxes are seldom levied, except when other sources of income fail. The only instances of them under the Constitution, were in 1798, 1813, and 1815.
This clause requires that direct taxes shall be apportioned among the States, according to their population respectively. The subject of taxation will be considered more fully hereafter.
§ 79. By the Articles of Confederation, (Art. 8,) the expenses of the United States for the common defence and general welfare, were to be paid by each State in proportion to the value of land surveyed to individuals, together with the improvements and buildings thereon. This placed the liability of a State to direct taxation upon the basis of property, whereas the Constitution places it upon the basis of population.
§ 80. The representative population of the States, that is, their population for the purposes of representation, is ascertained by taking the whole number of free persons, including those bound to service for a term of years, and adding thereto three fifths of all other persons.
The Indians that remain in the States are included in the number of free persons if they are taxed.
The representative population, as thus estimated, will
consequently be less than the total population. By the census of 1850, the representative population of the United States was computed at 21,767,673 persons; while the total population was returned as 23,191,876.
§8.. The words "other persons" are generally supposed to refer to slaves. Some of the States were in favour of, and others opposed to, including that class in the estimate of the population of a State, so as to increase the number of its representatives. Conflicting opinions existed which were maintained with great bitterness. There were slaves in all the States when the Constitution was adopted, though some contained a much greater number than others.
§ 82. This clause was finally adopted as a compromise; and it was agreed, not that all, but only three-fifths of the slaves should be included in the representative population of the States, and that direct taxes should be apportioned in the same manner. Thus the States in which there was a large number of slaves, while they were allowed an increase of representatives on account of the slave population, were also subjected in like proportion to an increased burden of direct taxation.
§ 83. In order to ascertain the population of the States, so as to apportion the representatives an 1 direct taxes, a general enumeration of the inhabitants of all the States. is directed to be taken within three years after the first meeting of Congress, and within every subsequent term of ten years, in such manner as Congress may direct. This enumeration is called the census. In ancient Rome (from whose language the word is derived) the census was an enumeration of the number of Roman citizens, including a valuation of each one's property, and a registration of his tribe, family, children, and servants.
§ 84. The census of the United States has been taken seven times, namely, in 1790, 1800, 1810, 1820, 1830, 1840, and 1850. The duty of taking the census has been intrusted chiefly to the marshals of the United States, (who are the executive officers of the federal courts, corresponding to the sheriffs in the States,) and to assistants appointed by them.
§ 85. According to the act of Congress regulating this subject, each marshal divides his district into smaller divisions, not exceeding twenty thousand persons in each, and appoints an assistant for each subdivision. Each assistant then visits personally every dwelling-house and family in his subdivision, and makes the inquiries of some member of the family which are required by the act of Congress. These inquiries must be answered, or a penalty of thirty dollars is forfeited to the use of the United States. The expense of taking the last census was $1,318,027.53.
§86. The census has not been restricted to a mere enumeration of the inhabitants of the States; but has included a collection of interesting and valuable statistics and facts relating to agriculture, commerce, mines, manufactures, education, and other subjects, so as to exhibit a full view of the pursuits, industry, resources, and productions of the country. The general results of the census are then printed and published under the authority of Congress.
§ 87. The following diagram shows the comparative total population of the several States and territories of the Union during successive periods of ten years each, or at each census, since 1790. In the first column, the States are arranged in the order of their relative rank at that time-Virginia being first, Massachusetts the second, and Tennessee the least populous of all the States of