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

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lorna an additional representative upon the ground that
the returns are not correct and that have data enough
70 correct lhe and The corrected return woudg her
another representative, then what becomes Of the South
Carolina representative Then Sir with an actua emu
meraton, showing that South Carolina is entitled 10
another representative, and without any peience that
there has been mistake or vicious census you give
South Carolina greater representation than she is emit
lied to by her actual enumeration Thus. sir, you do in
Justice 10 every State in the Unonto every OF them
because when you have appooned the representatives
according TO the actual enumeration, taken under the
constitution, yougv South Carolina representative TO
which she is not entitled would ask The honorable
senator from New York how he justifes that from the
constitution, TO say nothing about the State OF California
II these data are correct and if the is TO be modi
he'd, lakes away one representative from the State oil
South Carolina because sir by adopting the amendment
upon the ground assumed by the member from New York
that there are data enough TO correct the RETURN you then
go beyond the provision oil the constitution, and arbra
MY give TO South Carolina representative to which she
is not entitled under the constitution THIS is difficulty
which, TO my mind is nsuperabc.
Mr.. DOWNS. i do not see that the difficulty occurs
II the senator will take the facts they There is
no estimate IN the returns from south Carolina The
actual population oil that State is known and the returns
are unquesoned There is certain amount OF popu-
aton also returned from California which entities her 10
one representative The report OF the committee takes
that IN view, and gives her representative on that
basis that leaves the representative TO South Carolina
and there will be no estimate taken into the account for
either
Mr.. HALE The senator msunderstands me. That
is the very view OF which lwas presenting say that
South Carolina is entitled TO the representative the
apportionment stands But il you are TO correct the
census, and it you 10 give fraction TO California
which will entte her 10 another representative. then
South Carolina will not be entitled to one for her irac
ton. Therefore you give South Carolina representa-
tive to which shes not entitled il you make this corIec-
/ ton.
| Mr.. DOWNS, Tin his seat) understand.
Mr.. GEYER. The question presented by the amend
ment is not without its difficulty After much reflection,
find difficult TO determine upon any rule which would
conform to the act OF 1880 IS gentsmen interpret IT. and
1850 the representation of each State depends upon the
returns from all the other States to a great extent The
ratio is 20 be fixed by assumng233 the divisor. IT,
them we can only apporlon representation upon actual
returns, cannot execute the act OF 1850 consistently
with the constitution The representation OF South Car
DINA will depend upon the returns from California and
we in condition in which must wait until the
returns complete before make any apporton-
ment whatever II has been correctly remarked by the
senator from New Hampshire, that il the returns OF
California should give her larger fraction than that upon
which South Carolina proposed 10 be represented then
South Carolina would be excluded. II we make the APP
portonment now upon the terms OF the bill rs reported
by the majority OF the Judiciary Committee we are making
apportionmen without returns from OF the States,
upon which depends the apPorlionment to the other
States We then, under The necessity either OF no,
making the apporlionment al ALL OF making the appo
tonment upon returns which deiecve and which do
not furnish the data by which can do Justice to all
the States according to the terms of the constitution
When thus matter before the Judiciary Committee,
the evidence presented to satisfied that the popul
ton OF California would probably exceed las, 000 which
would have cut off from California her additional repre-
sentative But, the state of uncertainty OF the facts
presented, was unwilling either TO postpone the appo
onment OF 10 decide upon the facts represented them
that California and South Carolina entitled an
additional representative Ii seems TO that the only
way in which we could get over the difficulty would be
TO take the returns far they went and 10 allow
South Carolina an additional representative upon the
fraction il appears by these returns, and then allow
10 California representative upon the assumption that
her population exceeding that required for representa-
1--we would be equal 10 the fraction OF South Carolina The
only other consistently with the act OF $780, is
postpone the appoonment and 10 direct the enunea
ton TO be completed in California; and if the returns
come IN showing her TO have representative popu-
aton exceeding ITO thousand (some few hundreds ove
would give TO her two atves and reduce the
representation OF South Carolina, according 10 this BILL
one. The sole question, as appears TO me, is this We
are obliged to act upon conjecture-we have not the
complete official returns II is not the fault of the State
OF California that those returns not here. Whether
II is because the officers did not ac for the want OF
mems, whether they neglected their duty after having
sworn to perform II, with the in their hands, we
do not know But they the officers OF the govern
ment OF the United States, and the officers OF the
State. And now that in danger OF doing great
injustice 10 California by denying her The additional rep
resenatve that according TO the weight OF the evidence
would be due TO her, her traction being great that OF
South Carolina, disposed once to make the appor
.ionmen and to allow the additional representative TO
California.
This is without precedent TO some extent II true
that the default OF the enumeration not like the
present Congress then had not limited the number OF
representatives But having made the superintendent Tor
the other States, and the marshal oil Alabama having
failed 10 make the returns for that State provision
made for the completion OF the defective returns, and to
give mat Sate an additional representative H. upon tue
returns being made, she should be entitled 10 il by The
returns thus sent in. The returns made and the
additional member allowed. do not see that we
in any danger OF nfracton Of the constitution by
adopting this rule We cannot, under the bill pre-.
scented. make the apponionment by actual enumeration
The enumeration has not been made The representation
OF South Carolina depends upon the true returns from the
State OF California and the other States of this Union
And according TO the system adopted in 1850 the sppor
uonment must await the returns from the States II the
Interpretation put upon the constitution by the senator
from Maryland be the true one, must wait until all
the returns in and then shall have the question
whether under the provision OF the constitution frac-
lion be represented at all
Upon the whole, Mr. Presidents without OBTAINING the
Senate, think the subject is involved in difficulty We
have TO adopt one OF two alternatives. Ii order an
enumeration OF the inhabitants OF California, we must
wait for that enumeration 10 be made before we can
make apporlonment according 10 the act OF 1850 II
you decide TO refuse California the representative, you
deny TO her because your officers have neglected their
duty, and while the weight OF the evidence before you
having in all probability larger fraction than South
Carolina, which would deprive her OF one. am dis
posed therefore, to give TO South Carolina the representa-
tive to which she is entitled under the existing returns
and 10 give TO California that 10 which she would be en-
titled II the returns from California had been duly and
properly made
| Mr.. PRATT. II seems to me that the only effect OF
pursuing the course indicated by the senator from Mis-
sour would be 10 insure that injustice shall be done
Now submit TO the consideration Of that honorable
senator whether the proposition about state is not
undoubtedly correct South Carolina is not entitled to
an additional representative, If California is Now, we
propose TO do in reference TO the other States the double
injustice Of giving additional representative 10 each
in order California all that she by poss