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

three representatives Ii would OF some pher State,
al all events, represented upon traction II would
increase this ratio, and in some OF the SIafs. with
great number OF representatives. u might at oil the
fraction, and change The entire over the
Union. The question, repeat IS a perplxlng one
There is difficulty in il. bull we are obliged meet II
Aud now In order 10 prepare Tor the election the next
Congress, know OF no better way oil gettig the
difficulty than by allowing representative both the
States. a.s..
Mr. BADGER / agree with what has bee said upon
this subject by my friend from Missouri, I'M GEYERl
That there difficulties and embarrassment attending
this subject no for moment VIII doubt III is i'm
possible carry technically and accurately the pro-
visions OF the OF 1850 To say under the pesent cir
cumslances that we will consider the population oil Cali
ornia asceraned by these imperfect and deceive re-
turns is what think 10 be great injustice. We cannot
therefore, carry out technically the rule OF he act OF
1850 without doing manifest injustice TO this lew State
Well where is the injustice in what is proposed by the
committee The committee propose to add member to
the permanent number in the House OF Representatives
fixed by the act OF lS50to add TO 1913 one menberhat
Is, during the operation oil the present
by giving that member 10 California, leave the ensus
taken TO operate spon all the other States Of lie Union
Now sir, where is the iniusIices Where is he strict
right under the constitution to apporon our representa-
ves by enumeration that is withheld or in What way
does this impair the interests oil the other Staes oil the
Union Ii has been assumed that according tc the
sttuon addition OF members IN State canbe made,
except upon actual enumeration Well, confess, MIR.
President my notion has been that that accord
ance with the original Interpretation and charader given
to the constitution. But the legislation OF Congress has
settled that mater-that State be entitled 10 mem
upon the floor Of the House OF Representatives with
out having her right 10 seat based upon an actual
meration; that is, State, when admitted into the
Union, may be entitled 10 more than member without
an exact enumeration Of the population Of tina State.
The rule OF this construction is that State ala be
titled to representation according 10 her population,
asceained by the enumeration but that every
State shall be entitled 10 at least representative.
When, therefore, new State is admitted in respect to
which there never can have been OF cnumera-
ton, then the meaning OF this constructions il rule in.
sisted upon were the true Interpretation OF thu coDs.itu
lion, is that newly admitted State could never be emit.
tied to but member That is clear. But yet it may
and can. Congress have allowed two representatives 10
new States Texas admitted with two representa-
lives California was admitted with two representatives;
and therefore, MIR. President have established this
proposition by our legislation, that Congress, under extra
circumstances, give additional representatives upon
estimates, and that they are not complied to give them
by actual enumeration That is settled. We must 90
back and undo what we have done in divers instances
before that be considered rre compelling JUS to
make out this apportonment for California by actual emu
meration IN the present instance
Mr.. BAYARD. VIII the senator from North Caro-
lima Mr. BADGERl inform me il there any other in
stances besides those of Texas and California
Mr.. GWiN, Tin his seat) Iowa and Wisconsin were
admitted with two req resentatves.
MIR. BAYARD. | will further inquire if we should
suppose It to be fact that there had actually been two
violations oil the constitution, woult that justify US in
MI BADGER Tha, is no, my pppostion-that may
be the honorable senator's but il is not mine and do
not consider myself having any peculiar faculty for
certaning what She constitution means | think the va
rous members OF Congress who passed these acts in that
peculiar instance, or OF them at least compe
tent TO do that as myself take II tlat the former
stances IN which this has been done by Congress declare
that the Congress OF the United States extra may
give members by estimates. That is my proposition.
Now, SIR, Congress seem 10 have gone upon the idea
that IN the admission OF States the rie OF the cons
tuition should not be considered strictly applicable 1t
was an extraordinary case; i was caa in which some
latitude must be lett 10 legislative enactment But, be
that may, here four in which States have
had representation upon estimates and upon
ton We are brought, then, 10 this condition OF things
have stated that would be grossly unjust my opn-
lon under the particular circumstances in which Cali.
iornia was placed when this taken, to hold
her hound by these acknowledged imperfect returns
extremely unjust They do not furnish an approx.
nation TO the truth. They not only cannot be relied
upon certain, but they dscrediable and dsced-
tied by those who made them WE'LL sir, that being
just suppose Congress will not be inclined 10 hold her
bound by them
On the other hand should be extremely unwilling 10
assume that California had larger fraction THAI South
Inhabitants 10 two representatives and so exclude South
Carolina from the additional member which she would
be entitled under the other census Considering, as do.
with my friend from Missouri, fMr GEYEnI that The
case is attended by difficulties and do we
not, on the whole do llle wrong and accomplish
much good by meeting this extraordinary stale OF things
in this way, and allowing the ajdo during the present
decennial PERIOD OF member 10 the House OF Repre-
sentaves, and allowing California 10 take IL There is
every probability in the world that she entitled TO IT,
She Is rapidly growing State; and il she has not 10 fact
that number OF inhabitants now, she will have the
Der IN two or three years. while the present enumeration
- 10 stand ten years. long before the expiration OF which
time she will be ioadequately represented even by two
members All admit tsere is difficulty in settling this
matter; and amidst this diversity OF opinion think the
best course 10 pursue is thai indicated BY my friend from
missouri. In voting Tor this amendment, shall do so
because think IL does little HARM and npshes
perhaps more good than any other course we can pursue
One word further, as 10 completing this enumeration.
Why, sir, II is impossible, utterly impossible because
the enumeration TO ascertain the population OF 1850
Therefore, II we had me-which we have not-how
could we possibly ascertain what the popula.
ton OF California IN 1850 Ia the first place il impos.
slbe TO ascertain the number and in the next place. II
II were possible, we have not the time. This new
enumeration under The law OF 1850 is to 90 into effect on
the third Of March next that II would be impossible
TO take the enumeration now Therefore, upon the
settling this difficulty than that proposed by the honorable
senator from Missouri.
Mr.. BRADBURY Mr. President desire to make a
single remark in reference what was said BY the hon.
orsbe senator from Maryland tMr PRGrrl He says
the constitution declares that representation shall be
based upon actual enumeration. He then says that
actual enumeration has been made in California, and
facts so show. There is nothing beyond conjecture in
three counties
Mr.. PRATT. | will correct the honorable senator,
with his permission said that upon the other side the
allegation made that there had been no actual
meraion; but did not propose To state any such thing
Mr.. BRADBURY. | understood the honorable sena-
tor TO make the statement as repeated il but | will
take his correction. think, however, that the facts
show conclusvey that there has been actual emu.
meralion-not enumeration OF much more than one
half OF the inhabitants. | think am bound 10 say so
when representative shall state of his own knowledge
that there ~ not twelfth fifteenth OF the inhsb.
tans in the country where he has resided for two or
three years Then the true question IA this Shall we
tlp aafta