ailed in the
formation of the Senate, and that of the sovereignty of the nation
predominated in the composition of the House of Representatives. It
was decided that each State should send two senators to Congress, and a
number of representatives proportioned to its population. *n It results
from this arrangement that the State of New York has at the present day
forty representatives and only two senators; the State of Delaware
has two senators and only one representative; the State of Delaware
is therefore equal to the State of New York in the Senate, whilst the
latter has forty times the influence of the former in the House of
Representatives. Thus, if the minority of the nation preponderates in
the Senate,. it may paralyze the decisions of the majority represented
in the other House, which is contrary to the spirit of constitutional
government.

[Footnote n: Every ten years Congress fixes anew the number of
representatives which each State is to furnish. The total number was 69
in 1789, and 240 in 1833. (See "American Almanac," 1834, p. 194.)
The Constitution decided that there should not be more than one
representative for every 30,000 persons; but no minimum was fixed
on. The Congress has not thought fit to augment the number of
representatives in proportion to the increase of population. The first
Act which was passed on the subject (April 14, 1792: see "Laws of the
United States," by Story, vol. i. p. 235) decided that there should be
one representative for every 33,000 inhabitants. The last Act, which was
passed in 1832, fixes the proportion at one for 48,000. The population
represented is composed of all the free men and of three-fifths of the
slaves.

[The last Act of apportionment, passed February 2, 1872, fixes the
representation at one to 134,684 inhabitants. There are now (1875) 283
members of the lower House of Congress, and 9 for the States at large,
making in all 292 members. The old States have of course lost the
representatives which the new States have gained.--Translator's Note.]]

These facts show how rare and how difficult it is rationally and
logically to combine all the several parts of legislation. In the
course of time different interests arise, and different principles are
sanctioned by the same people; and when a general constitution is to
be established, these interests and principles are so many natural
obstacles to the rigorous application of any political system, with all
its conseque