Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/112

 104 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 choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five. New-York six, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North-Carolina five, South-Carolina five, and Georgia three.

§ 630. The first apportionment thus made, being of a temporary and fugacious character, requires no commentary. The basis assumed was probably very nearly the same, which the constitution pointed out for all future apportionments, or, at least, of all the free persons in the states.

It is obvious, that the question, how the apportionment should be made, was one, upon which a considerable diversity of judgment might, and probably would, exist. Three leading principles of apportionment would, at once, present themselves. One was to adopt the rule already existing, under the confederation; that is, an equality of representation and vote by each state, thus giving each state a right to send not less than two, nor more than seven representatives, and in the determination of questions, each state to have one vote. This would naturally receive encouragement from all those, who were attached to the confederation, and preferred