After weighing the arguments which were urged on each side of the question, the President was confirmed in the opinion that the population of each state, and not the total population of the United States, must give the numbers to which alone the process by which the number of representatives was to be ascertained could be applied. Having formed this opinion, to a correct and independent mind the course to be pursued was a plain one. Duty required the exercise of a power which a President of the United States will always find much difficulty in employing; and he returned the bill to the house in which it originated, accompanied with his objections[54] to it. In observance of the forms prescribed in the constitution, the question was then taken on its passage by ayes and noes, and it was rejected. A third bill was soon afterwards introduced, apportioning the representatives on the several states at a ratio of one for every thirty-three thousand persons in each state, which passed into a law. Thus was this interesting part of the American constitution finally settled. [Footnote 54: The following is the message which he delivered on this occasion. _Gentlemen of the house of representatives--_ I have maturely considered the act passed by the two houses, entitled "an act for the apportionment of representatives among the several states according to the first enumeration," and I return it to your house, wherein it originated, with the following objections. First. The constitution has prescribed that representatives shall be apportioned among the several states according to their respective numbers, and there is no proportion or divisor which, applied to the respective numbers of the states, will yield the number and allotment of representatives proposed by the bill. Secondly. The constitution has also provided, that the number of representatives shall not exceed one for thirty thousand, which restriction is by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the states, and the bill has allotted to eight of the states more than one for thirty thousand.] [Sidenote: Militia law.] During this session of congress, an act passed for establishing a uniform militia. The President had manifested, from the commencement of his administration, a peculiar degree of solicitude on this subject, and had repeatedly urged it on congress. In his speech at the opening of the present session, he again called the attention of the legislature to it; and, at length, a law was enacted which, though less efficacious than the plan reported by the secretary of war, will probably, not soon, be carried into complete execution. [Sidenote: Defeat of St. Clair.]