The daily union., 1852-03-11

House OF Representatives would be elected under he cen
sus OF lS4o do not know that that is not fair con.
strueton OF the constitutions and probably the senator
IS right when he says that such have been the established
do not know bur that the established usages
would inyolve lhal question and that The House and The
college OF electors may be elected under the appouion
ment OF different census make these suggestions 10
order 10 learn whether this fact taken into eonsde
ration IN the framing OF the resolution.
Mr.. DOWNS. The question suggested by the honor.
able senator from Massachusetts, was considered by the
committee, and we did not think il made any difference
whatever There is no provision, either in the consltu
lion or in the act of 1892, providing that the House of
Representatives, elected under the old census should in
the event OF an election devovng upon the House, vote
Tor President; but account for the omission because,
from The very necessity of the IT could be other
wise, and Tor this reason Always, when the votes
counted the constitution requires that Congress shall be
~ session. and Il must necessarily be the old Congress,
elected under the old apporonmen because the ap
porhonmen does not take place until after March next
IL mus matter OF necessity that Congress should be
IN existence here under the old census when the votes
counted and ascertain whether either OF the candidates
Is elected. II would not make the least difference that
the college of electors should be elected under APP
poronmen and the House OF Representatives under
another for this reason: When the election devoyes
upon the House of Representatives the electoral college
is not considered at al-hey do not vote according 10
popuation the number OF senators and representatives,
but by States. This construction was so obvious,
cordng TO the nature Of the case that suppose Congress
thought unnecessary that any special provision should
be made. When The votes counted, TO ascertain If
any election has been made, the constitution requires
ha: Congress should be in session, and it must be the
WOulu De tue next
Congress under the new apportonment should meet,
since many of the members would not have been elected
The question being then taken on the amendment of
the committee II was agreed 10.
Mr. BRADBURY / desire TO say that when the sub
lect was before The Committee on the Judiciary they re-
garded the legislative construction given by the act Of
792 to the constitution entitled 10 very great consd
Grafton but the most that could be said that the
expression OF the constitution not very clear. Very
soon after the adoption OF the constitution, Congress
gave the construction by that act and the committee felt
bound TO receive it,
The question being taken upon the resolution, it was
MT DOWNS moved tha, the report which he submit
ted on the subject might be printed which was agreed 10.
Mr. GWlN, from the Committee on Naval Affairs,
who were instructed by resolution Of the Senate to in
que INTO the expedlency OF appropratng sum OF mo.
ney TO divert the river San Diego into False bay report
ed bill Is aS2 TO provide for building eyee across
the mouth OF the river San Diego to divert into False
bay which was read, and passed 10 second reading.
Mr. G. said ask the unanimous consent OF the Sen
ate 10 consider this bill One OF the greatest objec
attending public works in that Slae-does not apply to
This bill The expenditure is limited TO $4,000, which.
Is 10 be expended in turning the San Diego river into
False bay and thus prevent the filling up OF San Diego
bay by deposites from this river, which will in time de-
sroy The greater portion OF that beautiful harbo The
Secretary OF the Navy is restricted in contracting for this
work TO the amount appropriated in the bill for the
son that il is sufficient 10 complete it, Responsible ciii-
zens OF San Diego have pledged themselves 10 me to
turn the river into False bay for this OF money! and
know It can be completed for the amount named l
have report from the Typographical Bureau that shows
The Importance OF this work. and that should be COM
menced without delay TO prevent the destruction OF the
haTbor. This is one OF the most beautiful harbors in the
world, and OF ncalculabe importance 10 this country in
time OF war II has already been greatly injured by the
Davigable waters will in lime be entirely of from the
ocean If further deposites made by the river not stop
ped ! take il for granted that this government will
permit this important harbor TO be thus closed and
hereafter hundreds Of thousands of dollars may be
qured TO dredge il out and remove the very depose that
this bill IS intended 10 prevent entering il at all by
throwing the waters OF the river into False baya sheet
Of water useless for naval or commercial purposes.
Mr.; CLEMENS. wish 10 know whether il is desired
that This bill should now be read second time for the
purpose OF reference, or for what object
The PRESIDENT The bill is reported from CON-
mee, and the senator from California asks the unani-
Mr. GWN ses 1 aSo" Ss facts
OF the case. will read the report OF the Typographical
'' The PRESIDENT If The senator from Alabama
Mr. CLEMESsl objects, of course the bill cannot now
Mr.. CLEMENS Let it lie over
Mr.. GWlN move that the documents accompany
ing the bill be printed for the use ol the Senate.
The motion was agreed 10.
RESOLUTIONS ADOPTED.
Mr.. CLEMENS submitted the following resolution;
which considered by unanimous consent and agreed
to:
Rssoped, That the Committee on Commerce be instruct
ed inquire into the expediency of establishing port OF
entry al TuscumUa, Alabama
Mr.. GWIN submitted the following resolution; which
considered by unanimous consent, and agreed 10:
Rssoud That the Secretary OF the Department OF War
submit the Senate, practicable copy of the
report OF the expedition under Captain SgTehyes OF The
corps Of Typographical engineers, upon the zuni and Colo.
RADIO rivers ot California.
NOTICE OF BILL.
Mr.. GEYER gave notice that he should tomorrow, or
early day thereafter ask leave 10 introduce bill
TO make good Missouri the per centum Of the net
proceeds OF the public lands heretofore withheld from
that State.
BILL INTRODUCED.
Mr.. MORTON, in pursuance OF notice given by his
colleague Mr. MlLLoRY,1 asked and obtained leave 10
introduce bill IS 2s8) 10 establish a mail route from
Key West, Florida, 10 New Orleans, Louisiana which
was read the first and second times by unanimous con-
sent and referred TO the Committee the Post Office
and Post Roads.
THE IOWA LAND BILL
The Senate then proceeded, as in committee of the
whole to the consideration OF the bill granting the right
OF way and making grant OF lands 10 Iowa IN aid OF The
construction OF certain railroads in said State
Mr. GWIN Mr. President, | was yesterday, when
the honorable senator from New York [Mr. SEwARDl
about 10 make his speech, given 10 understand that
this BILL called up, was TO occupy the balance oil
this week and until next Tuesday and that then
10 have up the other resolution, which debated yes
terday, to occupy indefinite period Of the session,
Now, sir, intend TO make appeal TO thirty States OF
this confedsracy whether not TO allow two
hundred bills 10 be postponed from week 10 week for the
purpose of discussing bill in which single State is in
ieresed; and I appeal 10 all the States, whether we
should neglect this business, and spend time in dis
ssing Joint resolution in which State is interested
Sir hope we will take up The bill, and desrous OF
taking a vote upon IT. hope senators will postpone
their speeches until another land bill up, and lei |
US go on with the calendar think there will be land