Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/166

 158, respectfully asking of those, who have doubted its constitutional propriety, to deem the question of so much importance, as to justify a second reflection.

"The words of the constitution are, 'representatives and direct taxes shall be apportioned among the several states, which may he 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, 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 often 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.'

"There would seem to be little difficulty in understanding these provisions. The terms used are designed, doubtless, to be received in no peculiar or technical sense, but according to their common and popular acceptation. To apportion, is to distribute by right measure; to set off in just parts; to assign in due and proper proportion. These clauses of the constitution respect, not only the portions of power, but the portions of the public burden, also, which should fall to the several states; and the same language is applied to both. Representatives are to be apportioned among the states according to their respective numbers, and direct taxes are to be apportioned by the same rule. The end aimed at is, that representation and taxation should go hand in hand; that each state should be represented in the same extent, to which it is made subject to the public charges by direct taxation. But, between the apportionment of representatives and the apportionment of taxes there necessarily exists one essential difference. Representation, founded on numbers, must have some limit; and being, from its nature, a thing not capable of indefinite subdivision, it cannot be made precisely equal. A tax, indeed, cannot always, or often be apportioned with perfect exactness; as, in other matters of account, there will be fractional parts of the smallest coins, and the smallest denomination of money of account, yet, by the usual subdivisions of the coin, and of the denomination of money, the apportionment of taxes is capable of being made so exact, that the inequality becomes minute and invisible. But representation cannot be thus divided. Of representation, there can be nothing less than one representative; nor by our constitution, more representatives than one for every thirty thousand. It is quite obvious, therefore, that the apportionment of representative power can never be precise and from all the embarrassments of opposing the popular will; and the house from all the irritation of not consulting the cabinet wishes.