The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-15
THE UNION.

favor Of the Senate move to strike out 2ss and insert
go. believe that such change would Be popular
with the people OF the country do not wishto occupy
he attention Of the Senate, but should Ike 70 fs'sf V
an anecdole in connexion with this subject, which
believe has the value OF historic truth The hfst appor
tonment OF representation was made BY the convention
which formed the constitution, and was hrs! settled ~
100000 Gen. Geo. Washington was the presiding omcef
in thai convention When this number had been agreed
upon, Cen Washington arose, and, departing iron me
usage Of presiding Officers explained hls views o. ,le
tiot would Be more acceptable 70 the people, and ass
suggestion the number 10000 was stricken out ana
sOooOI believe j y ~ stead - ' ,Ss
number Of the members OF the House OF Representatives
was augmented believe that in the States wherever
representative body consists OF large number, 4 mas
been found almost impossible to reduce H. lhas been
found to be satisfactory 10 the people In New Hamp-
shire such is the case, and our lower house embraces
800 members believe il is the same IN Massachusetts,
where the number is still larger believe that the busi
ness OF the House OF Representatives will be better at
tended to, and that the people OF the country VIII De
better satisfied if the number IS as large as 2o0 than II "
Mr. DOUGLAS. | have voted against any change in
the number fixed by the House OF Representatives
might perhaps, have fixed different number had y been
INV province to have acted this question first But
would suggest whether after the House has fixed num-
Der for themselves relating to their own body-ii thai
number is not very It Is not better
for u.s. and very appropriate, that we should adhere TO
the number they have fixed II there anything in the
subject of legislation In which we should conform to their
wishes, It strikes me il is this number OF persons e DC
represented in their own body; and for that reason shall
vote against any change from the number they
scribed for themselves.
Mr. HALE | want to mention one other fact AT
the last census when the apporonment was liked, the
House of Representatives sent 1t TO the Senate and the
number fixed by the bill certainly as high as 800.
II was, at any rate, much higher than j was now and
the Senate had then no such decacy the senator from
Illinois now manfests, OF leaving the House 10 the
exercise OF their own ugment for they reduced il to
some $780, do not think there is any want OF respect TO
l. ts IN
be yielded the House upon this question than upon
every question requiring the concurrence OF both branches
OF Congress
The Question being then taken on the amendment sub
mitted BY MIR. HALE It was not agreed TO-
The question being then taken upon the amendment OF
the House of Representatives, twas concnred in
section having been made by unanimous consent, the
question was stated upon agreeing to the following add
tional section adopted by the House:
sKo,- Amd Be ii further enacted, That soon as the
and each subsequent enumeration Of the inhabitants
Of the several States directed BY the constitution of the
United States 70 be sken shall be completed and returned
the office OF the Department of the Interior, shall be
the duty the Secretary Of Interior 70 ascertain the
gregae representative population OF the United State by
adding the whole number OF free OF all the States
including those bound to service for term Of years and
Guiding Indians not taxed, hreetihs OF all other
which aggregate population he shall divide bv the number
hundred and thirty and the product Of such d
vision, rejecting any fraction ola unit any such happen
remain, shall be the ratio rule OF apporionment of
among States under such emu
mera,ion and the said Secretary of the Department Of the
the representative population of each State, and divide
the whole number Of population Of each
State by the ratio already determined by him above d
rectcd and the product of this last division shall be the
number of representatives appo toned to such State I'M
the number Of members caused by the fractions remaining
in several States the division the population there
States having the largest fractions additional member
each for It's fraction as may be necessary TO make the whole
also, That it, after the appoionment OF the representatives
under the next or any subsequent census new State or
assigned such State States shalt be
in addition the number OF representatives herein above
and thirty shall only continue until the succeed
ing superintendent Of representatives under the next
ceedIng census.
The question being taken upon the latter amendment,
II was concurred in.
The next amendment OF the House was the addition
OF the following section:
sEc =. And Dc IL further enacted, That when the De.
paent OF the Interior shall have apportioned the repre-
senaves, in the above directed among the
eai States undet the next % any subsequent
practicable AXE out and transmit under the seal OF his Of
hce. TO the House of Representatives, certificate Of the
number OF members apportoned each State under the
then last enumeration and shalt likewise make out and
ns d bel % s Of s o.
bes aPporoned to such STATE under such last enumera
ton.
The question being taken upon this amendment. was
The question was then stated upon the next amendment
of the House, viz the addition of the following section
the bill
Ssc. dad BE- IL further enacted That the Secretary
OF the INTERIOR in his Instructions to- the mahais shall d
rect that the statistics In regard 20 all other descriptions of
hemp, embraced Ia the denomination ofdew and
rotted, shall be taken and estimated In the returns
Mr. HUNTER inquired il il was in order now TO move
to reconsider the vote taken upon one OF the amend
ments
The PRESIDING OFFICER said that ii was in order.
Mr. HUNTER In section IT, line g. the amendment
OF the House adds, Sin the OF the United Sates
within the States or Territories where such offences shall
have been committed, forfeiture incurred, before
the Judicial tribunals OF any such State Territories"
il is unconstitutional 10 impose upon them any such duty
desire 10 avoid any such unnecessary conflict and
therefore, to reconsider the VOTE and TO strike out
that portion OF the amendment -
Mr.. BADGER | would suggest TO my friend that il
is scarcely necessary amend The courts oil the States
will take jurisdiction, they will not, they fit,
and there is no harm in leaving the words there.
MIR. DAVIS, OF Massachusetts. This difficulty did
not escape the attention OF the committee, and they
reached very much the same conclusion suggested by the
senator from North Carolina Jurisdiction is given 10
the OF the United States, and also 10 the State
courts. We supposed the question might be raised,
whether the States should take such jurisdiction and ex
ercise IL but, inasmuch the courts OF the United
States were open for prosecution thought there
harm any person chose to try the experiment in the
courts OF the State.
Mr.. HUNTER I would merely say that, in some OF
the Satesn Virginia for example-ihe highest tribunal
has decided that IS unconstitutional TO impose upon
them this duty that the State tribunals have no right to
enforce the penal laws OF the United States and there
is difference OF opinion in regard TO this subject
and as this amendment might be regarded assertion
OF principle prefer ii those who have charge OF the
bill have no objection, 10 have IL stricken out
a. lotto. 49, .l.r az