The number of representatives shall not exceed one for every thirty thousand ; but each state shall have at least one representative. U. S. Const. Art. 1, 2.
From and after the 3d day of March, 1853, the house of representatives shall be composed of two hundred and thirty-three members, to he apportioned among the several states in manner following : so soon as each enumera tion of the inhabitants of the several states, directed by the constitution to be taken, shall be completed, it shall be the duty of the se cretary of the interior to ascertain the aggre gate representative population of the United States, by adding to the whole number of free persons in all the states, including those bound to service for a term of years, and ex cluding Indians not taxed, three-fifths of all other persons, which aggregate population he shall divide by the number two hundred and thirty-three, and the product of such division, rejecting any fraction of an unit, shall be the ratio or rule of apportionment of representa tives under such enumeration ; he shall then proceed in the same manner to ascertain the representative population of each state, and divide this number by the ratio already de termined by him, and the product of this last division shall be the number of representa tives apportioned to such state. The loss in the number of members caused by the frac tions remaining in the several states, is com pensated for by assigning to the states having the largest fractions one additional member each for so many of such fractions as may be necessary to make the whole number of re presentatives two hundred and thirty-three. If, after an apportionment, a new state shall be admitted, the representative or represent atives assigned to it shall be, in addition to the two hundred and thirty-three, but such excess shall not continue beyond the next ap portionment.
A certificate of. the number of members apportioned to each state shall be made out and transmitted by the secretary of the inte rior, under the seal of his office, without de lay, to the house of representatives, and also to the executive of each state, certifying the number for such state. Act May 23, 1850;
9 U. S. Stat. at Large, 432 ; Brightly's U. S. Dig. 120, 121 ; Sheppard's Const. Text-Book, 66; Ex. Dec. 1851-2, vol. 6, Doc. No. 74.
Under the present constitution, representa tives' apportionments have been made as fol lows. The first house of representatives con sisted of sixty-five members, or one for every thirty thousand of the representative popu lation. By the Census of 1790, it consisted of one hundred and six representatives, or one for every thirty-three thousand; by the census of 1800, one hundred and forty-two representatives, or one for every thirty-three thousand ; by the census of 1810, one hun dred and eighty-three representatives, or'one for every thirty-five thousand ; by the cen sus of 1820, two hundred and thirteen repre sentatives, one for every forty thousand ; by the census of 1830, two hundred and forty two representatives, or one for every forty seven thousand seven hundred ; by the cen sus of 1840, two hundred and twenty-three representatives, or one for every seventy thou sand six hundred and eighty ; by the census of 1850, and under the act of May 23, 1850, the number of representatives was increased to two hundred knd thirty-three, or one for every ninety-three thousand four hundred and twenty-three of the representative popu lation. Sheppard's Const. Text-Book, 65 ; Acts 30 July, 1852, 10 Stat. 25; May 11, 1858, 11 Stat. 285 ; 14 Feb. 1859, 11 Stat. 383.
Under the census of 1860, the ratio was ascertained to be for one hundred and twenty four thousand one hundred and eighty-three upon the basis of two hundred and thirty three members; but by the act of 4th March, 1862, the number of representatives was in creased to two hundred and forty-one, by allowing one additional representative to each of the following states,—Pennsylvania, Ohio, Kentucky, Illinois, Iowa, Minnesota,Vermont, and Rhode Island.