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Our states voted for the Congressional Apportionment Amendment to be ratified and enough states did vote for it to be ratified and become an amendment. When states vote for amendments, they are voting on the original congressional versions. Not the versions that are sent out to the states. A quirk in constitutional law but true. The original 12 amendments had two errors as they were printed and sent to the states to be voted on. The Cruel and Unusual Punishment amendment was actually the Cruel and Unusual Imprisonment amendment. That was how the states voted on it but everyone knew in Congress what the actual amendment was. Jefferson even crossed out the word Imprisonment and replaced it with Punishment on his copy of the Bill of Rights. The copy that belonged to Washington and was sold for millions of dollars still has the wrong information printed in and is on display to be viewed. 

In addition, there was an error in the paragraphs of the Congressional Apportionment Amendment. While the version that Congress voted on to go out to the states was correct, there was a last minute change in the final version that went to the states. That change would allow the progressive formula that takes us up to one representative for every 50,000 people as a ceiling in the amendment for the House. Instead, the scriveners misunderstood the word "More less one" as a direction to replace the word "Less with More" in the 2nd paragraph of the amendment (less one paragraph) and replaced the word "Less" with "More" in the 3rd paragraph. By adding the word More in the last paragraph and leaving the word Less in the 2nd paragraph, you have a math error. Remember, the states voted on the version that Congress voted on, not what was sent to them for final approval. Odd but true again. Below is Oliver Ellsworth correction letter to the scriveners requiring them to make the change to the versions to be sent to the states. Two states caught the error. Delaware, we are told in history never voted on the Congressional Apportionment Amendment but in fact, they did vote on it and they voted to postpone the vote until Congress sent them them the corrected version for their records. It is unknown at this time if that was done. 

Connecticut also voted for all 12 amendments but when Roger Sherman, senator for Connecticut got back home from Congress, and read over the 12 amendments, he also noticed the math issues and the Cruel and Unusual errors and asked the lower house and the upper senate to rescind their votes so corrected versions could be sent back from Philadelphia. Since the legislative sessions had ended, those in that body declined to come back into session and declined the offer to rescind. Roger Sherman requested the next Legislature to rescind it. In later sessions, all 12 of the amendments were rescind and it was thought for 220 years or so that Connecticut never voted for any of the 12 amendments. Roger Sherman just wanted the correct versions to be sent to him from Congress since he and Oliver Ellsworth worked months on the Bill of Rights and laws are laws and they are either voted on correctly or not at all. Regardless of Roger Sherman getting the 2nd Legislature to rescind the amendments, the original vote still stands when it comes to the Bill of Rights. You can't rescind a vote on the Bill of Rights. Imagine the chaos if that was allowed. Could you rescind an amendment vote after it was ratified? Of course not. Time does not become the issue. Once you vote, the vote is finished.  We all remember South Carolina trying to do that and we had a Civil War over it. Roger Sherman almost got his way but the original yes votes were found in 2011 in the Connecticut archives and since then we've had a ratified amendment that states we should have one representative per 50,000 people per district in the House of Representatives. It now just needs to be promulgated to Congress.
Ellsworth handwritten notes from the First Congress - shows that the change was made in the wrong place.

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