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168, 164.

On per sonals?

settled. The general impression seemed to be, that a tax on real estate, such as the war tax of 1862, might be intended.

See the subject discussed. Story's Const. § 955-957. Only four direct taxes have been laid: In 1798, 1813, 1815, 1861 Story's Const. $642: 2. Brightly's Dig. 407; Internal Revenue pamphlets everywhere. The Internal Revenue tax is sup

posed to come under a different classification.

A tax on carriages is not a direct tax. There are three kinds of taxes: duties, imposts, and excises, which are to be laid by the rule of uniformity; and capitation and direct taxes on land, which What br are to be laid by the rule of apportionment. Hylton v. the United uniformity, States, 3 Dallas, 171. License Tax Cases, 5 Wall. 477. The better and what by apportions opinion seemed to be, that the direct taxes were a capitation or poil tax, or a tax on land. Hylton v. United States, 3 Dall. 171; 1 Kent's Com, 255, 256. This does not preclude the right to impose a direct tax in the District of Columbia (and the Territories) in proportion to the census directed to be taken by the Constitution. Loughborough v. Blake, 5 Wh. 317; 1 Kent's Com.

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23. APPORTIONED.-Proportion and ratio are equivalent words; and it is the definition of proportion among numbers, that they have a ratio common to all—a common divisor. (Jefferson in 1792.) Story's Const. 3d Ed. § 683, note 2; which note also contains Mr. Webster's report on fractional numbers, in 1832. These two opposite views exhaust the whole argument. See Farrar, § 131-141. In these he discusses "free persons," and "all other persons." The practice has been to exclude from the numbers none except two-fifths of the slaves, thus counting the three-fifths of the "all other persons." That is, five slaves were only equal to three "free persons," whether colored or aliens. See Story's Const. § 630-689, 3d Ed., and the voluminous notes, which exhaust the whole subjeet.

21. NUMBERS.-The meaning of the word "numbers" is, that two-fifths of all the slaves were excluded; but the free negroes, and all other persons, except tribes of Indians, were enumerated. The total numbers by the eighth census (1860) were:

In the free States and Territories-whites...

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Total free population in the States, District of Columbia,

Leaving a representative slave population of..

and Territories

Total slave population..

.18,936,579

237,218 8,039,000

3,950,000

251,000

1,580,000

2,370,000

.27,463,797

3,961,129

Ratio of representatives.

127,381

The apportionment of representation under the census of 1860 was as follows: Alabama 6, Arkansas 3, California 3, Connecticut 4, Delaware 1, Florida 1, Georgia 7, Illinois 14, Indiana 11, Iowa

ment, in

6, Kentucky 9, Louisiana 5, Maine 5, Maryland 5, Massachusetts What was 10, Michigan 6, Minnesota 2, Mississippi 5, Missouri 9, New Hamp- apportionshire 3, New Jersey 5, New York 31, North Carolina 7, Ohio 19, 1860% Oregon 1, Pennsylvania 24, Rhode Island 2, South Carolina 4, Tennessee 8, Texas 4, Vermont 3, Virginia 11, Wisconsin 6. The territories of Kansas, Nebraska, and Nevada have since been admitted as States, each with 1 representative; Colorado has been organized under an enabling act, and will be admitted with 1 representative; Virginia has been divided, and West Virginia has 3 representatives, leaving Virginia 8.

NUMBERS OF THE STATES AND TERRITORIES, &c.-1860.

168

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[Preliminary report on the eighth census, page 131.]

The following table, showing the population of the States at the different decades, from 1790 to 1860, has been prepared by the editor with great care; and, as the numbers are taken from the census reports, he feels confident that it is

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Total

3,929,827 5,305,925) 7,239,814 9,638,131 12,8 6,0:0 17,069,453 23,191,876 31,443,322

And see Story's Const., § 644, note 1 of 3d Ed., Preliminary report on the eighth census, pages and 131.

Table showing the number of the Inhabitants of the States and Territories at each Census from 1790 to 1860, inclusive, and the number of Whites, Free Colored, and Slaves, respectively, together with the rute of increase of each class during the several decennial terms and for the whole period.

Aggregate population. 1790. 1800.

1850.

1860.

--1--1-1-1-1-10

Total population...... 3,929,827 5,305,925 35.02 7,239,814 36.45 9,638,131 83.18 12,866,020 33.49 17,069,453 32.67 23,191,876 35.87 81,443,322 35.59 700.16
Total white population 8,172,464 4,304,489 35.68 5,862,004 36.18 7,861,987 84.11 10,537,378 34.03 14,195,695 34.72 19,558,114 87.74 27,978,848 37.97 750.30
Total free colored pop. 59,466 108,395 $2.28 186,446 72.00 233,524 25.23
319,599 36.87
Total free population.. 8,231,930 4,412,884 36.54 6,048,450 87.06 S,095,431 33.84 10,856,977 34.11
697,897 893,041 27.97 1,191,364 33.40 1,585,085 28.79 2,009,043 30.61
757,363 1,001,436 32.23 1,377,810 37.58 1,771,562 28.58 2,828,642 31.45

Total slave population.

Total col'd population.

386,303 20.87 434,449 12.46 487,970 12.83 720.65
14,581,998 34.31 19,987,563 37.07 26,461,813 37.40 747.66
2,487,455 28.81
2,878,758 13.41

3,204,813 28.82 8,953,760 28.39 466.58

3,638,762 26.62 4,441,730 22.07 486.48

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Free colored population of Indian Territory west of Arkansas.
Slave population of Indian Territory west of Arkansas..
Population of Indian tribes (according to table on page 186).

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Preliminary report on the eighth census. Page 124.

81,747,514

How are Vacancies filled?

Upon what does the executive act?

How are vacancies created?

62, 151.

Power of choosing of

[4.] When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

25. The executive of a State may receive the resignation of a member, and issue writs for a new election, without waiting to be informed by the house that a vacancy exists. Mercer's Case, Cl. & Hall, 44; Edwards's Case, Id. 92; Newton's Case, February, 1847. Colonel Yell had not resigned; but had become a colonel of volunteers in the army in the war against Mexico, in 1846. The governor assumed that the two offices were incompatible: and, after a resolution by the Arkansas legislature to that effect, he issued a proclamation for an election to fill the vacancy. Thomas C. Newton was returned, and the house refused to consider the question of vacancy.

Vacancies, therefore, may be created by death, resignation, removal, or accepting incompatible offices. See Paschal's Annotated Digest, note 200; Powell v. Wilson, 16 Tex. 60; The People v. Carrique, 2 Hill 93; Biencourt v. Parker, 27 Tex. 562.

The acceptance of an incompatible office is an absolute determination of the original office. (Rex v. Trelawney, 3 Burr. 1616; Millwood v. Thatcher, 2 Tr. Rep. 87; Wilcock on Municipal Corporation, 240, 617; Angel & Ames on Corporations, 255;) Biencourt v. Parker, 27 Tex. 562.

[5.] The House of Representatives shall choose their ficers, and Speaker and other officers, and shall have the sole power of impeachment.

of impeach

ment.

What is the
Speaker?

26. The SPEAKER is the presiding officer of the House of Representatives, who is elected at the meeting of the first session of each Congress, and before there can be any organization. At the opening of the 34th and the 36th Congresses, there being three political parties represented, there were very great delays, as will be seen in the table. The Speaker has the appointment of all standing committees; and he becomes President of the United States in the absence of the Vice-President, and of the presiding officer of the Senate.

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