I Am Aware That In Going Into These Matters Here I Am Departing
Somewhat From The Subject Of Which This
Chapter is intended to
treat; but I do not know that I could explain in any shorter way the
manner
In which those rules of the Constitution have worked by which
the composition of the Senate is fixed. That State basis, as
opposed to a basis of population in the Upper House of Congress, has
been the one great political weapon, both of offense and defense, in
the hands of the Democratic party. And yet I am not prepared to
deny that great wisdom was shown in the framing of the constitution
of the Senate. It was the object of none of the politicians then at
work to create a code of rules for the entire governance of a single
nation such as is England or France. Nor, had any American
politician of the time so desired, would he have had reasonable hope
of success. A federal union of separate sovereign States was the
necessity, as it was also the desire, of all those who were
concerned in the American policy of the day; and I think it way be
understood and maintained that no such federal union would have been
just, or could have been accepted by the smaller States, which did
not in some direct way recognize their equality with the larger
States. It is moreover to be observed, that in this, as in all
matters, the claims of the minority were treated with indulgence.
No ordinance of the Constitution is made in a niggardly spirit. It
would seem as though they who met together to do the work had been
actuated by no desire for selfish preponderance or individual
influence. No ambition to bind close by words which shall be
exacting as well as exact is apparent. A very broad power of
interpretation is left to those who were to be the future
interpreters of the written document.
It is declared that "representation and direct taxes shall be
apportioned among the several States which may be included within
this Union, according to their respective numbers," thereby meaning
that representation and taxation in the several States shall be
adjusted according to the population. This clause ordains that
throughout all the States a certain amount of population shall
return a member to the Lower House of Congress - say one member to
100,000 persons, as is I believe about the present proportion - and
that direct taxation shall be levied according to the number of
representatives. If New York return thirty-three members and Kansas
one, on New York shall be levied, for the purposes of the United
States revenue, thirty-three times as much direct taxation as on
Kansas. This matter of direct taxation was not then, nor has it
been since, matter of much moment. No direct taxation has hitherto
been levied in the United States for national purposes. But the
time has now come when this proviso will be a terrible stumbling-
block in the way.
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