The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-07

be enumerated who ayowed their purpose 10 settle IN
California. No others to be enumerated.
Mr.. GWiN. NO., sr the only question 10 oe asked
under the law was Were you here did you siat mere
before june 1850 Al to the population OF San Francis
co. nothing known except by estimate for the emu
meralon so far 1t was made, was burned. aud the
agent only prolessed 10 give the returns 10 round mum
bes The legislature OF California set all these returns
aside inaccurate aud unrelabe and made estimate
Of members of the Legislature very largely and
quently the State taxes They had motive in ascer-
tanning the population but to discharge their duty to the
State apporonDg the representation according TO the
actual number OF people IN the Stale.
There is one county in which the number OF inhabi
tants is returned by the marshal at 1881, When the
apporlionment bill under discussion in the egsla
ufe OF California, was present and one OF the repre-
sentatves from that county stated that lis population
Mr. DOWNS. Why has he not given the returns Of
Mr.. GWiN Because he said they were not returned
correctly; and enumeration was ordered to be
made. The senator asks why the of this county,
stated, not given Was the duty Of the people
OF Cafornia 10 take the census OF the Statss They
did, however, in the discharge OF duty to themselves,
have il taken, nearly possible in order 10 ascertain
the population accurately. for Their own apporhonment
was The duty o. The government e make the enumsIa
such failure had occurred in the case OF New York,
with her thirty four MEMBERS instead OF California with
her two members, isolated and alone that State is,
there would not be question Tor moment with re.
gard to the 10 be pursued This neglect OF
duty for which the State Of California should not be
nothing 10 do, either in making the law in executing
it for the law was made before the State was admitted
into the Union and With it's execution as State, we
| We have furnished such estimates as it seems to me
should satisfy the mind OF every member OF this body
We do not wish to contest this question with South
Carolina. although we do know that If the census re-
turns had been made correctly would have larger
fraction than that State. The agent says he
knows the returns not accurate and that they fall
short from hirtythree to fifty per cent OF the actual pop
ulaon. His return must be taken whole Ii he ac
knowledges he has not enumerated than twothirds
OF population you must take this part OF his return,
and give the advantage OF it. The senator says il we
give California member, Louisiana is entitled to another
as that State has larger fraction than ours by the re-
turns do not object 10 giving Louisiana another mem
be for her large fraction AS to the magic number OF
two hundred and thirty the senator says there
object in fixing that the number OF representatives
and il may be dangerous disturb it. There is pre-
cedent violated by adding another member to the House
This is the first time the number OF lis members has
been fixed in advance Of taking the and there
no danger in adding another member, if thereby you
avoid doing injustice 10 OF the States OF the con-
ederacy Look at California for the future. You pro-
pose TO limit that State to representative Tor ten years
to come What will be her population at the end OF thai
time I have doubt, when the next apportonmen
senator's own State of Louisiana. As to the magic mum
Der OF two hundred and thirty thee have very little
respect for il, not opposed TO the senator's having
another member for his Sate since she has large
fractions but must oppose his proposition to reduce the
representation OF California, and to deprive her of one
member because her census has not been taken accu-
+
Mr. SEWARD. | would ask the senator from Cali
whether ~ her there !. o. s
legislature oil that State wish to know what the
facts as acted on by the State
Mr.. GWIN Ihave statement in official report
made by the joint committee to the legislature. had il
before the Conmittee the Judiciary. where left it.
In that report is shown that the two houses oil the egs
ature instituted examination OF the subject and salis-
facory asceained that the population exceeded three
hundred thousand This is the basis which their ap
poTtionment made.
4 Mr. SEWARD. would like TO know whether the
legislature OF California apporiioned the representation
for the legislature upon that bassi
Il Mr. GWIN. They did
J Mr. DOWNS. The State of California acted in that
matter the senator shows, estimates and not on
facts have not the report OF the California committee
they go the assumption that the population would
number three hundred thonsand have looked through
the proceedings of the legislature Of that State with
care, 10 ii could find fact-not estimate but
factbut could not find trace OF one anywhere in
gard TO the number OF the population.
4 Mr.. GWIN. What motive could the joint committee
OF the two houses o the Legislature have in making the
population larger than il actually was' They seek
ing the truth from every OF information within
their power; and 10 make the population higher in num-
Der than really was was merely to add to the burdens
OF the people by OF taxation IN the support oil
larger government establishment than necessary.
Mr.. DOWNS. do not suppose that they had any mo.
ves way the other. suppose they took an esti-
mate OF some particular portion Of the State, and then
sumed that portion OF the Stale like the other But
this will not do. We want to know the actual p0pua-
i ton, in order that may know what representation
they should have. And these estimates vary unreason-
ably. One says that county has population OF
ten thousand, and another that the population is thirty
thousand II the legislature OF California could not get al
the fact which the gentleman wishes TO assume, after all
the examination which they gave TO IL, they must have
gone conjecture. The senator says that there
regular returns from California, and that there
fore, might deprive her OF her representation alto
geiher unless we take this estimate. II not mis-
taken there returns which have been recognised BY
Serf n wi bee sru
here In addition TO these returns there is doubt thai
the made TO the Secretary OF the Interior
strictly Official and regular, because they taken unde
and by the act directing the mode in which the census
should be taken Ii cannot therefore, be said that have
no reliable returns. They may be imperfect No doub
the returns OF every State more less imperfect
but there being imperfect does not show that there
return. The senator from California, therefore, does
not mend his case by stating that there returns
the general provision OF the constitution which provides
that each State shall be entitled to representative
But il is said by the senator from California, well a,
the senator from Maine, that such oil injustice
was pracsed, and they referred TO the State oil Ala
bama. Now the OF Alabama altogether dif
ferent one, and, far from being against the position
which assume and which the copmittee have assumed
is, think, in eorroboraon OF it-for they did not allow
Alabama another representative the ground that the
returns had not in in time but Congress only pro,
vded that the representation should stand as was and
that she should have reasonable time to ascertain the
actual population. That population was 40 asccraned
and she was allowed representation accordingly NOW
there s no such proposition made here III there was,
il evident could not be carried out because such
the Auctuating condition OF the population OF Calor
MIA, and such her condition now that i would De i'm
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