The daily union., 1852-04-08


Mr.. ATcHlSON. Iwoald inquire farther whether it
not competent Tor the Senate 10 take up special or
der by vote Of the Senate at any time
The PRESIDENT. Certainly.
MIR. ATCHlSON. Then what is the necessity for
specifying any particular day. when we can take up a.
any time There be no necessity for u, that can
perceive II is not only unnecessary butworse than un-
The PRESIDENT The Chair will state to the hon
orable senator that the postponement OF to subse-
quen day will throw il behind all the special orders. or
lower than y stands now upon the list
NJ. ATCH!SoN; Precisely. SO.
Mr.. BRADBURY. | will then give notice that on
Monday next propose 10 call up that bill and will
ask the yeas and nays upon The question OF taking up
for consideration on Monday next, TO the exclusion OF
all other business
"a APPoRrIosMEsr OF REPRESENTATION
The Senate then, in committee of the whole, re-
sumed the consideration OF Senate bill No 2sl-being "A
bill supplementary to An providing for the taking OF
The seventh and subsequent censuses OF the United
States, and 10 fix the number OF the members OF the
House OF Representatives and provide Tor their future
apporonment among the several Sales, approved 23d
The PRESIDENT stated the first question: be upon the
amendment OF Mr.. BRADBuRY--being an additional sec
ton giving two representatives to California and
ing the number OF members in the House of Represents
tives to 234.
TO offer TO the first section, which presume will be in
order Ii is to insert the first section. after the words,
!" the Census Office in the Department OF the INTERIOR
the following proyiso:
two representatives. in accordance with the act admitting
sad Slate into the Union until the actual enumeration
OF the inhabitants OF tho United States"
The PRESIDENT That amendment is no, in order.
There is amendment pendngto add fifth section to
the bill
Mr. RHETT, Well, sir. suppose shall be able 10
bring i forward at the proper Time in some shape
will take occasion at this time 10 state to the Senate
the grounds upon which propose we should act in this
matter. do not think the question is surrounded by SO
many and such as some senators seem 70
In fha frat han ri na4a aed
il passed fixing certain number to constitute the
House of Representatives The object in limiting the
number and in fixing beforehand was to &c. rd Of the
various srfes of the different States to get add-
tona representative in consequence OF fractional amounts
of population. was member OF the House of Repre-
senatves when the census act previous 10 this was
passed and there was no other measure there which ex
cited 0nehalf OF the interest that that bill exctedbe
cause different States according TO different apporslon
ments, would be entitled to representatives. and hence
there strife upon all sides to alter, change and
modify the apportionment in different States in such
way to enable certain States to get representatives in
conseq OF fractions Now, il 10 avoid this
troversy that the Senate and the House of Representa-
tives determined to fix beforehand the number OF repre-
and they virtually said this that by this
method shall be agreed that that State that shall
tain the largest fraction by the enumeration Of the returns
of the department shall have the representative Accord
ing to that act the apporonment has been made, the
has in, the regular officer Of the gov
enment has reported 10 the Senate and the House o Rep
what that enumeration requires and ac
State having the largest fraction, and therefore entitled 10
the representative. contend that il would be neither
good faith good policy TO attempt to alter the act by
which this apporiionment has been made. South Caro-
lima, upon the plain face OF the act ITSELF here
der the enumeration OF the department OF the States
entitled TO representatives account OF the fractional
and upon principle OF good faith, consist
with the previous legislation Of Congress. The
Senate and House OF Representatives alter the APP
poronment or deprive her OF the representatives 10
which she is entitled under that apporiionment. Now
4
difficult to reconcile with the itself the admission OF
two representatives for the State OF California.
will read again the proviso which propose, and
which will ofer when | get the opportunity, as an
amendment, in shape other for the purpose of
settling this vexed question The proviso is as follows
Provided. That the Stale of California shall be entitled
TO two representatives. In accordance with the admit
'lng said State into the Unon until the next actual emu
meration of the inhabitants OF the United States"
AT The time OF the admission OF California into the
Union, th,s stipulation was entered into viz that, until
the next enumeration shall have been held, she should
be entitled TO two representatives Now, The question
that presents itself is has that enumeration been held
Have the people OF California had their population
meraed Now. il will moi do say that there has been
partial enumeration, for partial enumeration rs no
al all so far as California is concerned and,
take il IN its broades sense, il is enumeration OF
the United States. mean II is not complete and
Al II Is not complete one cannot be perfect eaumera
uon. Now, what is our difficulty California has not
been enumerated account OF causes which the gov
enmenl say they could not control, and which the peo
PIE oi California say they were not responsible Tor
visit upon the people OF California any evil results in
of the non-enumealion OF their people
They had nothing 10 do with II the duty not given
TO them 10 perform and It's nonperlormance should not
be visited upon them. Now what is the difhcutyl You
cannot send back TO have another enumeration taken
there That impossiby and you would do injustice
10 California 10 attempt IT, Suppose you go back TO
California and say that the enumeration OF the people o
that State they previous 10 the time that the
turns made, should be taken again what would
be the operation OF IL : number of those who
were there then dead and still greater number
have left the county who went there marendi
with the intention OF remaining IN that State and in
sequence of adverses or failures other
they have left the country and returned 10 that
10 get an enumeration taken now, under these circum
stances You would do gross injustice 10 California
TO attempt such an enumeration now. IL cannot be made
Ii is impossible TO do justice 10 that State in that way
Then, what other course is lett TO you | one
which appears TO very plain. Let California fall
back upon the sipulaons of the act for her admsslon
which stipulaons give her two representatives until a
made. Now, this enumeration has not been made, so
far as she is concerned. What is course, then
Why SIR 10 keep TO the terms OF our agreement Under
the law Tor her admission into this Union California IL 10
have Two representatives until proper enumeration OF
her population is made, and then equal justice will be |
done 10 her well TO the other States That, IL APP
pears to me- Is plain course. Ii 10 me that
this is the plain aud SIMPLE course by which shall be
unembarrassed by any difficulty.
think cannot go into conjecture in this matter.
acquiesce very fully indeed 10 the reasoning OF the !
senator from Louisiana, Mr. DowNs,l that, II
you once begin 10 speculate as 10 the population in
any State it will be impossible for you to come 10 any
conclusion. II is said the enumeration Of California is
defective. know the enumeration in my State is defect
Tl- .l-l -. l.-s.-- - NJ