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Updated: May 11, 2025
The apportionment of Representatives in Congress, under the Apportionment Act which had recently passed Congress, increased the number of Representatives from Mississippi, which had formerly been five, to six.
In the first place, as five slaves are to be counted as three freemen, in the apportionment of Representatives, such a clause would leave an encouragement to this traffic. In the second place, slaves weakened one part of the Union, which the other parts were bound to protect; the privilege of importing them was therefore unreasonable.
If, in this apportionment, errors are committed, if certain individuals have not been employed according to their capacities, those defects of detail diminish in the sublime conception of the whole. The poorest man included in this association has his place, his work, his reason for being there; each is something in the whole. There is nothing like this for man in the state of nature.
He did not, however, either then or now, concur in either extreme, but approved of the ratio of three-fifths. On Mr. BUTLER'S motion, for considering blacks as equal to whites in the apportionment of representation, Delaware, South Carolina, Georgia, aye 3; Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, no 7; New York, not on the floor. Mr.
Hence in working out the basis of a sound immigration policy, it would seem more practicable to consider first the question of economic utilization rather than assimilation. This, of course, does not exclude from the Secretary of Labor's judgment the category of assimilability as one of the factors in determining the apportionment of admissions.
It was conceded that the tax, in so far as it affected income derived from a business or profession, was an indirect tax and therefore valid without apportionment among the states, but the provisions for taxing the income of real and personal property were held to be an essential part of the taxing scheme invalidating the whole statute.
The vote of a Senator from Delaware has equal weight in deciding upon the most important measures with the vote of a Senator from New York, and yet the one represents a State containing, according to the existing apportionment of Representatives in the House of Representatives, but one thirty-fourth part of the population of the other.
I venture, however, to outline briefly some reasons for doubting the constitutionality of the act. At the outset it is essential to determine the exact nature of the tax. Obviously it is not a tax upon income as income. If it were, it would be obnoxious to the decision in the Pollock case as imposing a direct tax without apportionment among the states.
Besides the manducks, every boat had numerous sailors, food- and water-servers, and a riffraff of hangers-on. It was estimated that divers and manducks aggregated nine thousand souls. A system of apportionment gives every man in a boat an interest in the take, the divers generally retaining two thirds of the bivalves granted them by the government rule controlling the fishery.
Wherefore, on every occasion a man should say: This comes from god; and this is according to the apportionment and spinning of the thread of destiny, and such-like coincidence and chance; and this is from one of the same stock, and a kinsman and partner, one who knows not, however, what is according to his nature.
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