There was no attempt to pass another act to meet this situation prior to 1842. and therefore these fractions of population went unrepresented. In 1842 an act was passed providing that from and after the 3d day of March. 1843. the House of Representatives shall be composed of Members elected agreeable to a ratio of 1 Representative for every 70.680 persons in each State and of 1 additional Representative from each State having a fraction greater than one moiety of said ratio computed according to the rule prescribed by the Constitution of the United States. There was no greater power given Congress to pass the law in 1.842 allowing a Representative for these fractions than there is at this time to pass a law eliminating aliens or persons not naturalized in arriving at a fair basis for apportionment. Yet it was passed and no constitutional amendment was required. and no court has held this law unconstitutional. It was a case of where Congress saw its duty and exercised the rights and powers expressly given to provide for a fair and equitable representation from each and eery State. just as Congress should do at this time.
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naturalized