The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-23

4
peiy OF the proposed amendment OF the senator from
Maine, with exception. ! think. sir. Il would be
better 10 omit the reason assigned foe permitting Caor
retain her present repes natives IN the House TO
make the enactment. without assigning any reason 4
think Is quite sufficient To omit the reason, think.
wall enable zach senator in giving his vote TO be con
roled BY whatever may present itself 10 his own
mind but IN assigning reason, u may require senators
10 vote for tina, which they do not believe 10 be proper
therefore suggest 10 him 10 omit that portion and lei
the Be allow California 10 retain her present
number OF REPRESENTATIVES without any reason being as
Mr. BRADBURY | DO not consider the reason as be-
ng very important II is Tor the Senate 10 determine
whether they will retain il not. The language TO
which the honorable senator from Arkansas refers is in
these words;
And IL being made appear that the returns OF the
population Of California incomplete, II Ia further
acted that said State shall retain tbs number of representa-
ses prescribed by the OF admission thereof into
Union until new appointment"
| supposed there a propnety in this in sug-
gesng Tue reason why we introduced an apparent anon
| Mr. B0RLAND Mr.. President, consider the words
which propose 10 strike out as they stand IN the pro-
posed amendment, equivalent lar their meaning
and effect concerned, 10 adeclaaton OF the why
this act is passed and am unwilling 10 give my vote
for that reason, since that does control
apprehend there others similarly situated, who think
that it is necessary in order TO give efficacy TO the
bill On This ground. think il is better TO strike them
out and lei The Senate vote upon the proposition, which
is complete in itself, without is-each one being actua-
ted. in supporting the by such reasons may
suggest themselves TO his mind will make The motion to
strike out the clanse which the senator from Maine has
Mr. BRADBURY Mr. President. | apprehend that
the Honorable senator's objection is founded upon erro
neous construction Of The constitution. The constitution
requires that The apporionment shall be upon the popn
lailon and not upon The returns. we give me reason
here why allow California 10 retain her present rep
reseniaon contrary TO The returns because we believe
there people there who were not returned think
Mr. rSs Honorable senator does not
seem understand my view OF the do not differ,
from him at all 10 what he has just said Ny view.
a.. al
question: for allowing California to retain her present
number Of representatives is. that she was not IN the
Unon and therefore was not contemplated BY the act OF
the 23d of May, $780, which required an enumeration
according to the constitutions and the act admitting her
into the Union passed the 9th OF September after this
whole transaction had taken place subsequent act
OF legislation which gave her two until
enumeration OF the inhabitants OF the United States, and
therefore gives her the right to retain her two represent
atves until the next enumeration made by act OF Con-
gress. She rghully holds lheu therefore, in my opin1
ION. by the legislation il stands That being the
reason which Influences my Judgment m Young 10 allow
her retain Them properly vote Tor the PROPOSE
ton assigning reason that does not present Itself 70 my
mind and control me. -
/ Mr. BADGER think my friend from Arkansas will
see that precisely the ground OF the words
proposed to be stricken out Assuming what be says to
be correct that This act being passed before California
admitted into the Union, II did not properly apply 10
California suppose that ii under that law the returns
of California had been complete and perfect we would IN
those returns Therefore The real reason is This what
ever originally might have been the reason for giving her
two representatives The final difficulty in collecting tue
returns is what makes necessary now 10 pass tins act
10 provide and determine what shall be done under the
circumstances IL is fact that there are now no CON-
plee returns from the State oil California seems 70 me,
as the senator from Maine has said that the action s
anomalous, is better that the for that anomaly
should appear upon the face OF the enactment.
The question being taken upon the amendment It was
i agreed to. -
i No further amendment being offered the bill was re.
ported the Senate and the amendment made IN COM
miee having been agreed 10, the bill was ordered TO be
engrossed for third reading
MESSAGE FROM THE HOUSE REPRESENTATIVES,
A message received from the House OF Represent
aves by Mr. J. w. Forney, their Clerk, announcing to
the Senate that The House had passed bills OF the follow
ing titles, and requesting their concurrence therein
An act TO authorize the legislature OF the Stale OF Mis-
sisspp to sell the lands heretofore appropriated for the
o schools in that State and to rafy and approve The
sales already made.
An act 10 release from reservation and restore TO
the Of public lands certain lands IN the Stale OF
Arkansas
| DEFICIENCY BILL.
The Senate proceeded. as in committee OF the whole.
TO the consideration of the bill making appropriations TO
supply the deficiency OF the present fiscal year-lhe
amendment under consideration being the amendment
proposed by The committee for increasing the service OF
lhe Collins line OF seamers-npon which question Mr.
MILLER bad the floor
4 Mr. BORLAND. | rise 10 a question OF order. II 10
that this amendment the bill is not in order under the
rules OF the Senate | will read the rule. @s,
| Mr.. BADGER rise 10 another question OF ORDER L
ask whether the honorable senator from Arkansas can
take the floor from the senator from New Jersey.
Inc fhrspibISNis VI oiuci uc SCH
ator is privileged
i MIR BADGER Then + raise another question OF or
der, whether the has right TO raise the qaes-
ton OF order upon amendment which has been
ceved by the Senate, and upon which three or four
speeches have been made without objection
i The PRESIDENT The question can be raised. The
amendment reported by The committee, and the ques-
ton is whether IL in order for the committee report
such amendment
| Mr.. BADGER When can that question be raised ?
| AT any time
The PRESIDENT Whenever the subject is under
consideration II could be raised before the amend
ment reached.
i Mr. BADGER That is very true but can il be
raised after the amendment has been received and several
speeches have been made upon itl
/ The PRESIDENT. The Chair cannot distinguish
| between periods.
/ Mr. BADGER. Very well.
/ Mr. B0RALND My question OF order arises under
the 30ib rule OF the Senate, which reads as follows
/ "No amendment proposing additional appropriations
shall be received TO Any general appropriation bin unless
be made carry the provisions OF some existing
law, act resolution previously passed oy the
Senate during that session, in pursuance oil an estimate
from the head OF The departments and no amend
shall received whose object IL TO provide for
private claim although the may have been pre-
viously sanctioned by the Senate
| The PRESIDENT. The Chair is fully aware OF the
rule that has been read by the honorable from
Arkansas II is not for the Chair TO decide when an
amendment proposed whether is in conformity with
resolution that has been passed. estimate that has
been furnished When objection is made, the TACT is
TO be established that II is according TO the rule,
will be considered OF order To make The amendment
The Char cannot by intuition. determine whether there