The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-25

10 me 10 be indisputsbk: Either the number n the
not Hs Soa Il pss's sor
ay < @at yseglsi \ The popuss'ioa an snogI.sd 70
the constitution Yves Damed, and II il was adopted
BY vots Of little more than twelve thousand, then ce
tany we have not the expression Of the will OF majority
q the people Of caliioInis and 4 il that win which
think is rather that the population overrated than
that upon question OF such general interest small
Of s sSsd Is
document which will not be made the subject OF contro
versy In the constitution OF Caforaia there is aproyi
this question % Ia as !. regards he claim to popuia
ton Of one hundred thousand. Il is As follows
The number OF members Of Assembly shall not be less
Der Of sajisa.ts within this State sha amosai 20 oas
hsdrsd thossa~ and after that period a. such ratio that
be less than thirty nor more than eighty
There, then, is the recorded acknowledgment OF the
convention ITSELF that at the time when that convention
was In session, the population Of California did not
amount to onahundred thousands for provides prospec
lively Tor increase OF representatives ineH, at er
period, hs number Of one Hundred thousand shalt Dc
Mr. President. the members OF the convention were
entirely sensible of the difficulty which was presented
from an inadequate population, and from the nsutciency
OF the evidence by which the amount OF that population
was ascertained Ia order 10 remove that difficulty they
raised in the convention committee, styled the Census
Committee, with view 70 provide for the enumeration
Of the population 10 furnish to the Congress Of the
United States official evidence OF il The report OF that
committee will be found on page 473 OF California de-
Il we known to all tina, there are no stats,rs to whch
zee caM refer % dstamn ne ~sm6sr Of t fnabitants Of
n ad VIII he
that no obtain basis which to estimate the
West been sending their thousands Of enterprising
men into CALIFORNIA; We cannot doubt that the present
aware that the number ha. been placed higher by
many Intelligent men, we'll acquainted with the various
hazard nothing in saying on the LIST Of January next
the population may be set down at 100000 But after ALL
it may DO said that this is eONsrtws, and those
who may be called upon TO vote for our admission may
In order prevent delay. and State gov
eminent, capable Of giving security to persons and
Be- taks have immsdiaeiy the laken Our ep.
resentsivss win then BE- armed win eciat evidence Of
our right 70 ask admission into the Union.
The committee proceeded to recommend an enumera-
tion, and TO specify its Details but the report was
motion, indefinitely postponed Why was this re-
port indefinitely posponedi The could have been
promptly taken Was il because the "o6ical evidsnce"
would have shown that "mere Conjecture had greatly
overra!ed the popuation', The evidence, then. which
is furnished by the proceedings Of the convention itself
satisfactorily ascerains that the estimated population
under 10000, and that estimate made by those
" Ss U f ssy ns se
citizens while the inference to be drawn from the
fact OF postponement will certainly not authorize to
venton But. sir il said that these $4,000 voters at
the election in which the question in agitation was the
ratification Of the constitution would Indicate popu
aon much greater because the voters did not constitute
more than onefh or sixth OF the population, and that
may be true in any ordinary settlement OF people but is
% be reco!lected that if you exclude the native Cali
les IN that s Territory s persons Who m
there in full lfemen capable Of bearing the
aSo1s in which they were to be employed There were
very few and children who emigrated to Caor-
MIA That fact is manifest sir from the statistics fur
The statement shows that from April 10 December is4e
the total immigration into the Territory $4,000, of
which q, 269 were males, and 800 were females. The
men Of age which entitled them to vote if they had
the other requisite qualifications 10 do and repeat
therefore, the proposition which have stated The
Thing which the evidence will justify. or in the a56o
votes given for the acceptance OF the constitution, and in
those BY which the representatives Of the people were
majority OF that people.
We are asked, then, sir by the provisions Of this bill
to give to California two representatives upon such
population as that which have stated. Unquestion
ably it does not amount to the number which would
title the inhabitants OF any State OF this Union to that
number Of representatives. How is this to be justified
the people, and by each OF us 10 own constituents
apart from the question OF constitutional obligation The
people OF my State, in order to be entitled to two
representatives must have population Of IA 800 Can
Justify myself in admitting a State into this Union,
especially under the circumstances under which Is
proposed that this State should come in giving two rep
IecentauVee 70 much Oh people tnan
would be required for like purpose in my own State
Apart from the question of constitutional duty il
to me, sir, that would be wanting in the duty which
owe 10 the people Of that State to assent TO such
Again, Mr. President, II could consent to vo-
late the provisions OF the constitution upon this subject
the task which we would have 10 perform in the next
place would certainly be lighter one nevertheless it
would be in which think senator's might very prop
erly pause The existing law Of the United States app-
cable to the election Of members OF the House OF Repre-
sentaves requires that whenever State is entitled
more than one representative, they shall be elected by
districts The representatives chosen under that consi
tuition were elected by general ticket in conformity to its
provisions A
The eighth section Of the schedule found in the volume
Of the Debates (appendx page l2 declares that at the
general election the 18th November $780, there should
the legislature, and also members of Congress" The
two members Of Congress thus provided for In that
stitu0n have been elected in conformity TO Its require
mens by general ticket in violation OF the act OF Con-
gress which required them to have been chosen by dis
tricts
Two things then. evident upon the testimony fur.
nished BY the people Of California hemselvesrst, that
the population not sufficient authorize the election
of two representatives. and second that the election was
Law Of the United States.
The question s then presented to the Senate, whether
consistently with our own constitution we admit
State giving her representatives than the people OF
the United States entitled to for like number of in
habants which representatives have been, moreover,
elected in violation OF laws find impracti.
cable 10 acquicsce in such proposition and have there
lore, submitted the amendment under confederation.
But sir, this constitution also provided that the legs
iatufe which was 10 convene upon the fifteenth Of De-
cember should within four days after il had assembled
proceed TO the election OF two senators TO represent Cali