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

1870 In lS4O she had not NAH population enough 10
title her become Saie according to my recollection
la is4s we admitted her into the Union upon estimated
population, and we assigned her three representative
NJ BERRIEN. viii the honorable senator allow
me know he does not wish 10 make statement thai
Is wrong. la regard 10 Florida, am furnished with
some testimony that shows that census was taken un.
der the authority OF the territorial Legislature, and il was
Mr. Douglas VIVA, was the amour, Of the popu.
Mr. BERRfEN. / have not that Information before
me; With regard to Iowa. think q census taken
under the authority OF the territorial Legislature in is44
50 hal ~ each case census had been taken one year be-
Mr. DOUGLAS Precisely So la the Florida case,
however The censns shows deficiency in the poPala
on and yau brought in other testimony 10 show that PEG
pie enough had come into the Stale wlhf the year to
make the requisite proportion The census will show that
there not enough al the last local census.
Mr. BERRIEN The census was taken IN is44. twas
incomplete, because portion Of the inhabitants
compelled g fee on account Of The Indians
Mr. DOUGLAS That is true But the census did
not raise even plausible prssnpon for any one ~ that
day to pretend that in iS44. she had the requisite popula
ton We relied. therefore, upon making lberaI and just
estimates in increasing The number.
Now, sir, having Cited two cases-thfs s OF Iowa and
Wisconsin. 10 which were assigned The one two rep
resenatiyes and the other three withaai census be-
ing taken under the authority OF the united States
pass 10 the last, Texas in this case ccoleci adj
miited her into the Union. and reported the bill assign
ing her two representatives IN Congress Il was
tended that there not more than population enough
for one. We went into examination Of the subject,
and took estimates, and we could bring men 70 estimate
Just enough for one representative, and "a moety, but
no man could 20 much over the moicy and assign.
cd to her upon that estimate two representatives in the
other House Of Congress The operating in that
case was, that although there might be doubt as 10
there being the requisite number, yet, II was matter
to be estimated, am was large territory OF diversified
interests, thought we ought 70 exercie special dis
creon and make the most liberal allowance 10 the young
State that could remember the facls well. Twas
chairman OF the Committee Territories in the other
House al the mewrote the bull and received me evi,
cd and
admitted Texas with two representatives as have said
before
undertake 10 say that there better evidence to show
that California had the requisite population Tor two rep
resentatiyes than there in the State OF Texas for
what Is the eyidences The book from which the.
tor read contains memorial OF the senators and repre-
sentatves elected to Congress BY California in which they
In this estimate, signed by four gentlemen familiar with
the country, they m Ike the estimate at 100000 But,
sir the senator from Georgia replies that BY looking into
ITSELF it evident that the convention thought there were
not 100000 people in California al the time hat conven
ton was in session That ir true but when was that!
last before the overland emigrants had arrived when,
according the very debates the senator read FROM there
were known to be 10000 nearly there, upon their
way And am informed that 10000 emigranis arrived
there Z hin few weeks afterwaris-between that and
the irsrof January Hence you may calculate that in.
stead OF the estimates the senators and Representatives
from California being contradcted by the proceedings Of
the convention. they are confirmed. The convention
thought there were not 100000 when they were in
but 10000 arrived there before The rst OF January
aud that swecd the number TO 100000.
Let proceed further upon this point. transcript
from the files Of the harbormaster at San Francisco
alone, shows the arrivals since the LIST OF January
to the let Of May to be $4,000 BY Add that your
00o and you have people in California on the
LIST day OF May 1880 In addition to that, you must add
the euigrants landed at Monterey. Santa Barbara San
Diego and to this amount still you must add the over
land emigration, although small, arriving in California.
must add the emigration from Oregon which we are as
sured is very considerable Hence think fully
authorized in saying that the meeting which held ii
San Francisco on the 18th OF April last were right when
after considering The matter carefully they set forth the
present population TO be 10000 The facts with which
they have furnished fully justify rs in the belief that
to the ratio Of arrivals from seaselting aside the
overland emigaonherc must be 1850 900 people now in
California; 10000 ente them 10 two representatives,
by counting the moiety 100000 entle them TO two,
without reference TO the fractions; and you have
merely moiety to add for the third representative
haxe evidence from there 10 show that California will Be
entitled three instead OF two representatives 10 the
other branch OF national legislature Upon these
Inmates assume that there violation OF the appor
tionneni law Of 1910. single principle upon which
we have acted and based action 10 admitting other
States into the Union, in the admission Of California 10
| the manner proposed
But the senator from Georgia has advanced another
objection which is also oil constitutional nature he
says that the appotionment law OF lS40 requires the
says these have been elected by general
ticket and therefore violation Of the law OF Congress
Upon that point have onlyt TO remind him that lew
years ago, under the apporlonment law OF $780, Mss
sppl, Georgia, New Hampshire, and Missouri elected
their representatives TO Congress under the general ticket
SYSTEM and refused to conform 10 the terms OF the law
OF Congress, because II unconstitutional II hap
pened be my fortune TO be member oil the committee
that that decision, and 10 write the report OF the
committee, which received the sanction OF the House. and
declared the election valid although IN violation OF that
law II is not my purpose now to vlndicate my report Oh
that day. tits not necessary 10 inquire whether we were
right or wrong II is sufficient to say that under the
constitution Of the United States the House of Represent
aves is the only power upon earth that can Judge o. ne
States declaring that each House shall judge Of the va
lidty OF the elections Of its members each House
alone is vested in this way with authority TO decide
that question and the House has already decided the
question and has decided that those members were
duly and properly elected This body has no right 10 IN
terere BY aci OF Congress- otherwise to oveule thai
decision That will Be question for the House OF Rep
senatives present themselves for admission ques
ton with which the Senate Of the United States have no
right to interfere, and right TO take any action upon
pass on 10 the consideration OF the next objection
which IT, that California not State OF the Union AZ
the time OF the election OF these senators and representa-
ves and therefore that these persons caaho be admitted
to their seats in Congress Suppose the argument 70 e
do with this bill Has the Congress Of the United States
any connexion with the Executive, and the right by law
10 decide the question whether these senator's and repre-
sentaiives have been properly elected or mott MOI al all
sir The constitution oil the United States provides tnsi
the Senate shall Judge oil the validity OF the election
its own members and that the House OF Representatives
shall decide the validity OF the election Of ls own
- 49, m aoV mi