hout displeasure; I will hear him without
prejudice; he shall have full justice."

* * * * * * *

In the course of the present session of Congress a bill was introduced
for apportioning representatives among the people of the several
States, according to the first enumeration. The constitution had
provided that the number of representatives should not exceed one for
every thirty thousand persons, and the House of Representatives passed
a bill allotting to each State one member for this amount of
population. This ratio would leave a fraction, greater or less, in
each State. Its operation was unequal, as in some States a large
surplus would be unrepresented, and hence, in one branch of the
legislature, the relative power of the State be affected. That, too,
was the popular branch, which those who feared a strong executive,
desired to provide with the counterpoise of as full a representation
as possible.

To obviate this difficulty the Senate adopted a new principle of
apportionment. They assumed the total population of the United States,
and not the population of each State, as the basis on which the whole
number of representatives should be ascertained. This aggregate they
divided by thirty thousand: the quotient gave one hundred and twenty
as the number of representatives; and this number they apportioned
upon the several States according to their population; allotting to
each one member for every thirty thousand, and distributing the
residuary members (to make up the one hundred and twenty) among the
States having the largest fractions.

After an earnest debate, the House concurred, and the bill came before
the President for his decision. The sole question was as to its
constitutionality; that being admitted, it was unexceptionable.
Washington took the opinion of his cabinet. Jefferson and Randolph
considered the act at variance with the constitution. Knox was
undecided. Hamilton thought the clause of the constitution relating to
the subject somewhat vague, and was in favor of the construction given
to it by the legislature. After weighing the arguments on both sides,
and maturely deliberating, the president made up his mind that the act
was unconstitutional. He accordingly returned the bill with his
objections, being the first exercise of the veto power. A new bill was
substituted, and passed into a law; giving a representative for every
thirty-three thousand to each State.

Great h