Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/167

 CH. IX.] perfect. There must always exist some degree of inequality. Those, who framed, and those, who adopted the constitution, were, of course, fully acquainted with this necessary operation of the provision. In the senate, the states are entitled to a fixed number of senators; and, therefore, in regard to their representation, in that body, there is no consequential or incidental inequality arising. But, being represented in the house of representatives according to their respective numbers of people, it is unavoidable, that, in assigning to each state its number of members, the exact proportion of each, out of a given number, cannot always or often be expressed in whole numbers; that is to say, it will not often be found, that there belongs to a state exactly one tenth, or one twentieth, or one thirtieth of the whole house; and, therefore, no number of representatives will exactly correspond with the right of such state, or the precise share of representation, which belongs to it, according to its population.

"The constitution, therefore, must be understood, not as enjoining an absolute relative equality—because that would be demanding an impossibility—but as requiring of congress to make the apportionment of representatives among the several states, according to their respective numbers, as near as may be. That, which cannot be done perfectly, must be done in a manner as near perfection, as can be. If exactness cannot, from the nature of things, be attained, then the greatest practicable approach to exactness ought to be made.

"Congress is not absolved from all rule, merely because the rule of perfect justice cannot be applied. In such a case, approximation becomes a rule; it takes the place of that other rule, which would be preferable, but which is found inapplicable, and becomes, itself, an obligation of binding force. The nearest approximation to exact truth, or exact right, when that exact truth, or that exact right cannot itself be reached, prevails in other cases, not as matter of discretion, but as an intelligible and definite rule, dictated by justice, and conforming to the common sense of mankind; a rule of no less binding force in cases, to which it is applicable, and no more to be departed from, than any other rule or obligation.

"The committee understand the constitution, as they would have understood it, if it had said, in so many words, that representatives should be apportioned among the states, according to their respective numbers, as near as may be. If this be not its true meaning, then it has either given, on this most delicate and important subject, a rule, which is always impracticable, or else it has given no rule at all; because, if the rule be, that representatives shall be apportioned exactly according § 686. The other power, the sole power of impeachment, has a far wider scope and operation. An impeachment, as described in the common law of England,