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

having population three hundred and seventy eight
There are IN this county four settlements Of mnets ecn y
which contains larger population than the commissioners
have returned for the whole county. .,.-,..,..
The population OF Shasta county estimate al ak mouf
sand ON the first day of June, $500 tsst
That is an extract from the communication addressed
by one OF the representatives oil California TO the Com
mee on the Judiciary ~ IL.
The senator from Louisiana says that the California
legislature went an estimate. would ask whether
they had not better grounds Tor looming an estimate there
10 the Senate whether when gentleman gives such in.
formation as Mr. McCorkle does in regard 10 several
counties with which he is intimately acquainted, and the
returns from which he shows to be grossly inaccurate
whether 1t is not something worse than estimate for
us 10 assume that those returns correct That the
Senate may be IN possession OF the data which 10 form
an opinion, beg leave TO state that the traction for
which South Carolina is TO receive additional repre-
sentative 47417 that these imperfect returns give Cal
iiorna, after allowing her one representative, fraction
OF almost 2I,000 and II you take the statement OF the
agent that the returns inaccurate that they
fall short OF the actual population from SO TO so per cent,
the result is follows: II you increase them 80 per
cent, that will give California fraction OF 1893 II
you Increase them fifty per cent ii will give fraction OF
coupled with the impeachment that comes with them,
and California would have fraction Of g. 1888 by an in
crease Of thirty per cent? or OF s265o by an in
crease OF fifty per cent yet South Carolina is TO have
representative on fraction OF 47.4l3
The senator from Louisiana audes TO the fact that the
returns were found TO be incorrect year and that as
not prejudice the State Ii not the duty of that State
TO make the returns The State had right to expect that
they would be made by the federal government. The
census agents were not the officers oil the State govern
ment, but OF the federal government, and California, as
State had no control this action As the fault was
not attributable the State it would be unjust deprive
her Of her just representation for fault not her own.
Perhaps ought to state that the Committee the Ju
dietary were equally divided on the question of allowing
California to retain her present representation Two of
the committee were OF opinion that of her present
number should be cut OIL two were OF opinion that she
ought to retain her present representation notwhsand-
ing the imperfect and inaccurate census returns.
Mr. SEWARD. was inclined, in the first place. 10
look with disiavor upon the proposition TO amend this
bill as to allow to California second representative ;
but, upon examining the report and listening the de.
bate, my mind has gone TO the other conclusion. will
state or two OF the and OF the considerations
entitled like every other State in the Union TO repre-
sentative in proportion TO her population That no one
will deny That is the office and duty OF the govern
ment OF the United States 10 ascertain the representative
population OF California is unqueslioned. They have
undertaken TO do and while that duty was being per-
formed, California necessarily passive. The
has been taken. is nominal compliance with the
QUESTION OF the constitution; but it is not compliance,
inasmuch as II is radically erroneous and false. Then
clear we have only TO suppose that in the reports Of the
census mineral should happen TO be omitted, SO 10
reduce the population of California from 10000 down 10
10000 or 2o09 Then the next question is whether there
is such radical and great the vtiae
The census think that is very apparen-prnsa faee
We told by the census after all the corrections which
have BEEN that the population OF California is only IT,,
S2l souls--men, women, and children. might say that
we historically know that that cannot be The State
the last year OF three millions OF dollars. There
900 persons in the United States in Mexico, who.
collected together could pay any such sum for revenue
The population OF California, great small, export
monthly five millions OF god-six,y millions year.
There are no 900 persons on the face OF this earth
who can with all the facilities afforded in California pro-
from the EARTH and prepare for exchange and send
abroad sixty millions in bullion year Ii is appa
rent them that there Is radical defect in the
census at ALL Now, what appears prima face is
cooboraed by the testimony which has been taken by
stances The question became very material one upon
the admission oil California. The population OF the
State was then estimated at 100000. Since that time,
there has been lapse OF eighteen months-nealy two
yearswith continual increase OF population, proved
not merely by emigration TO the State, but by the
sumption OF merchandise and by dulles paid and by their
exports of products II is also testified 10 by the repre-
sentatives OF the Stale
II then being clear that have vicious census. the
question is whether we have material light by which
correct IL and upon that point my mind has labored
the most II is whether the evidence have is sufi-
Gent to enable us TO determine that California shall be
allowed population OF 300 900, instead OF that given in
the census. Upon that subject, under all the crcum-
stances, il seems TO me that il should be satisfactory to
that the legislature Of California itself have had the
responsibility OF apportionng the representation Of the
State, and for purposes OF taxation also suppose have
estimated the population OF the different counties and dis
The same duty which we have bad For dsren, o5
Iect and different purpose they have had 10 ascertain
precisely the facts. They had motive, that
conceive, 10 mislead them Certainly there was no ex
pectation upon their part that their action was 10 be
adopted by 70 influence action here They
have assumed population OF 100000. They had an OPP
pounity TO know better than They did decide, and
under OF their responsibility 10 their constituents
True, il was their act, and not We are not con-
cnded by IT, But ] do not see how we can refuse TO
take their action fair guide for ours when we have
neglected 10 ascertain the fact for ourselves while the
responsibility rested upon US or If you please when we
have failed to perform it because performance was mpos
sible.
These considerations lead my mind 10 the conclusion
that II is but just and fair 10 allow California an add
onal representative which is proposed by the amend
ment 10 the bill.
One other question arises, whether can do so con
sstenty with the constitution of The United States upon
which have only 10 say this: that the census conem.
plated BY the constitution Of the United States 10 a cen
sus that not so radically vicious TO fail 10 answer
purpose. We have taken census which is incorrect,
which ~ erroneous We must IL TO be corrected
before II will be the census which the constitution OF
the United States describes. Otherwise il we fail TO
adopt this rule in this case shall be at sc in other
and difficult which may by possibility arise
for IL may happen that the State Of PENNSYLVANIA by
errors BY erroneous enumeration or erroneous addition
OF the figures in the columns may be returned in the
census Of the United States having a population OF
but 100000 or 100000 Certainly such census as that
would not be described by the constitution
OF the United States. II be corrected Moreover
the power 10 correct here, and nowhere else We have
the power TO correct it, and the obligation TO correct IT,
and The materials by which TO correct IT, Upon the
Wnoie, think we are called upon TO make the
uon and OF course 10 allow the benefit OF il 10 the State
OF caii0,na which ~ an additional representative.
Mr. PRATT. II rightly understand the senator who
has just taken bis seat and others who have occupied The
same side OF this question: they assert that Congress has
the TO do what this uronesos