necticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three."

§ 78. A tax is a duty laid by government for its service, on the person, property, or income, of individuals. Taxes are of two kinds, direct and indirect. A direct tax is laid directly on the income or property itself; for instance, on lands or houses. An indirect tax is one laid on articles of production or consumption.

Direct taxes are seldom levied, except when other sources of income fail. The only instances of them under the Constitution, were in 1798, 1813, and 1815.

This clause requires that direct taxes shall be apportioned among the States, according to their population respectively. The subject of taxation will be considered more fully hereafter.

$79. By the Articles of Confederation, (Art. 8,) the expenses of the United States for the common defence and general welfare, were to be paid by each State in proportion to the value of land surveyed to individuals, together with the improvements and buildings thereon. This placed the liability of a State to direct taxation upon the basis of property, whereas the Constitution places it upon the basis of population.

§ 80. The representative population of the States, that is, their population for the purposes of representation, is ascertained by taking the whole number of free persons, including those bound to service for a term of years, and adding thereto three fifths of all other persons.

The Indians that remain in the States are included in the number of free persons if they are taxed.

The representative population, as thus estimated, will

consequently be less than the total population. By the census of 1850, the representative population of the United States was computed at 21,767,673 persons; while the total population was returned as 23,191,876.

§ 81. The words "other persons" are generally supposed to refer to slaves. Some of the States were in favour of, and others opposed to, including that class in the estimate. of the population of a State, so as to increase the number of its representatives. Conflicting opinions existed which were maintained with great bitterness. There were slaves in all the States when the Constitution was adopted, though some contained a much greater number than others.

§ 82. This clause was finally adopted as a compromise; and it was agreed, not that all, but only three-fifths of the slaves should be included in the representative population of the States, and that direct taxes should be apportioned in the same manner. Thus the States in which there was a large number of slaves, while they were allowed an increase of representatives on account of the slave population, were also subjected in like proportion to an increased burden of direct taxation.

§ 83. In order to ascertain the population of the States, so as to apportion the representatives and direct taxes, a general enumeration of the inhabitants of all the States is directed to be taken within three years after the first meeting of Congress, and within every subsequent term of ten years, in such manner as Congress may direct. This enumeration is called the census. In ancient Rome (from whose language the word is derived) the census was an enumeration of the number of Roman citizens, including a valuation of each one's property, and a registration of his tribe, family, children, and servants.

§ 84. The census of the United States has been taken seven times, namely, in 1790, 1800, 1810, 1820, 1830, 1840, and 1850. The duty of taking the census has been intrusted chiefly to the marshals of the United States, (who are the executive officers of the federal courts, corresponding to the sheriffs in the States,) and to assistants appointed by them.

§ 85. According to the act of Congress regulating this subject, each marshal divides his district into smaller divisions, not exceeding twenty thousand persons in each, and appoints an assistant for each subdivision. Each assistant then visits personally every dwelling-house and family in his subdivision, and makes the inquiries of some member of the family which are required by the act of Congress. These inquiries must be answered, or a penalty of thirty dollars is forfeited to the use of the United States. The expense of taking the last census was $1,318,027.53.

§86. The census has not been restricted to a mere enumeration of the inhabitants of the States; but has included a collection of interesting and valuable statistics and facts relating to agriculture, commerce, mines, manufactures, education, and other subjects, so as to exhibit a full view of the pursuits, industry, resources, and productions of the country. The general results of the census are then printed and published under the authority of Congress.

§ 87. The following diagram shows the comparative total population of the several States and territories of the Union during successive periods of ten years each, or at each census, since 1790. In the first column, the States are arranged in the order of their relative rank at that time-Virginia being first, Massachusetts the second, and Tennessee the least populous of all the States of

which the Union was then composed.* In the last column, the States are arranged in the order of their rank, as determined by the census of 1850, New York having become the first, Virginia the fourth, Massachusetts the sixth, and Tennessee the fifth.

Va.

Mass... 2

Penn..

N. C.

N. Y... 5

Md.

S. C... 7

Conn... 8

N. J.

N. H.. 10

Vt..

Rank in 1853.

1 N. Y. 2 Penn. Ohio.

Ga.

Ky.

R. I.

Del.

Tenn.. 16

B21

16 Maine.

117 Md. 18 La. 19 N. J. 20 Mich.

id 22

bo 24

*This diagram was prepared by Professor Gillespie of Union College, who has obligingly assented to its publication here.

§ 88. The heavy lines extending in a zigzag course from the first to the last column exhibit the rise or fall of the States in each period of ten years. Thus Kentucky, which stood thirteenth in 1790, rose to be ninth during the first period, to be seventh during the second period, to be sixth during the third period, and continued to hold that rank for two periods, until 1840, when she began to decline, and in 1850 she appears as the eighth State. Michigan, which stood twenty-fourth in 1810, was twentyseventh in 1820 and in 1830, twenty-third in 1840, and twentieth in 1850. Thus, by following the line of each State, we may trace its comparative rise and fall at each

successive census.

§ 89. The clause under consideration provides that there shall be one representative for every thirty thousand inhabitants. If the population of a State does not reach that number, it is, nevertheless, entitled to one representative. The first apportionment of representatives among the several States was merely temporary, and intended to exist only until the first census. As the population of the country has increased, the number of representatives has been increased by various acts of Congress.

§ 90. The first House of Representatives consisted of 65 members, which was one for every 30,000 inhabitants. By the census of 1790, there were constituted 106 representatives-one for every 33,000 inhabitants. By that of 1800, 142 representatives-one for every 33,000 inhabitants. By that of 1810, 183 representatives-one for every 35,000 inhabitants. By that of 1820, 213 representatives one for every 40,000 inhabitants. By that of 1830, 242 representatives-one for every 47,700 inhabitants. By that of 1840, 223 representatives-one for every 70,680 inhabitants. By the act of May 23, 1850,