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

Well, the proposition is 10 give South Carolina
ber upon thai traction, the tao oil representation being
$4,000 But they 70 aud propose, by an amendment
oil this bill, 10 allow member also TO California Ihat
goes, as suppose. upon the assumption that California
asoa large eSoui1 l sa sss moi hs
eject OF that The State OF Louisiana has fraction OF
10000; and you must, by your supposton, and by
your conclusion with regard TO the census OF the Stale
of California raise your traction above the 40 000 il is
very clear that louisiana Is entitled 10 member and not
California The law gives II to the largest traction; aud
you therefore driven 10 this altenatiye-you must
raise the fraction Of California South Carolina, or
you must raise IL Lousana--one or the other IL
you raise il South Carolina II goes over Louisiana
oil course 4sA s.u... 4H
Now here are returns to certain extent, made Official
ly, suppose and admitted TO be correct. do not
know how that is, but take 1t Tor granted Tor the pre-
they shown TO be incorrect Why partly by the per-
sons who took the admitting inaccuracies, and
more by certain estimates made IN the legislative body Of
the State OF California They estimate the population al
100000 Then again. the honorable senator from Cali
iornia Mr.. GwINl says there forty thousand per-
sons enumerated as passing Fort Laramie over the noun,
tains where they were going do not know--some OF
them, perhaps 10 Salt Lake. some OF them 10 Oregon,
and some going 10 California. But the number 10 be
enumerated there depends upon another consideration
They 10 be enumerated unless they enter
ing California with the view and Intention OF settling in
that Stale inhabitants oil The State, according TO this
law This it would be impossible TO ascertain we could
not determine what portion, although know that there
was large number that were passing there to that des-
tnalon; and when they asked whether they wore
about TO make themselves permanent residents IN Cali
oInia they replied in the affirmative. WE'LL SIR, there IS
great deal OF transient population in California at all
times; that, think, is fact that will not be questioned
by anybody and that s one OF the things that has pro.
duced very considerable difficulty this question. be-
yond all doubt. Then there is the additional difficulty
with regard the fact, and that is very serious
wish now to direct the attention OF gentlemen 70 this
point: | should like TO see the estimate made by the
legislative body OF CALIFORNIA; and il there are accurate
returns here, is supposed there are, should like to
see the estimates put against the accurate returns and let
hotpf willie Let ua see
estimates will correspond TO those accurate returns and
then we shall know how much confidence to place in
the Inmates where there returns.
Then, sir. If authorize raising the population OF
California some twenty. four or tWeniyhv thousand,
which will be necessary in order TO bring member in,
though we have not evidence enough TO satisfy us,
should be very willing 10 do that but am not willing 10
proceed upon mere naked suppostion, upon CONJECTURE
upon the naked fact that there admissions OF
inaccuracies the part OF those who took the
do feel authorized from that TO infer that there is
amounting 10 some tweniy-hTee or twenty -four
thousand Tor il mus, be borne in mind that in order 10
carry this fraction over that Of Louisiana, must
that there is TO the amount OF more than
twenty thousand in taking the census Now as under
stand there document in relation TO that subject
should be very glad 10 see il; suppose II can be pro-
duced.
Mr. DOWNS. desire TO set my friend from Massa-
chusetts right upon that subject We have petition
from the legislature OF the Stale OF California and there
j. nothing in the part saw except general statement
There is detailed estimate given OF tie population OF
different counties, but mere general estimate without
this general estimate the population amounts 10 some
three hundred thousand There were no facts that
could find, and suppose that there none ascertain
ed Perhaps the senator from California can inform me.
r Mr. GWlN. This statement of the census agent Eas
made before the Census Committee and 10 the knowl-
edge OF the members OF the committee and the members
Of the legislature II was entirely inaccurate They con
cluded that il worthy OF no consideration at all.
This report am very sorry 10 say, is not here II states
hat they had made the most diligent examination and
that they came to the conclusion that the number ex-
county in the whole State, and ascerianed the fact
One word with reference to wha, the honorable sena.
tor from Massachusetts says with reference 10 the mum
Der oil emganis that passed Fort Laramie II is said that
they going 10 Oregon and California that
many OF them going 10 Salt Lake. These are the
very ones ha, the law says shall be enumerated because
they actually going to California. Now, II Is very
well known that the population OF that section IS very
small population. In this enumeration they do not 60
into details aud the Stale OF California did not attempt
to take the census, because they expected the United
States TO take the and upon that TO make their
pononment As the United States failed to do II, they
obliged 10 collect the facts the best they
could and they made as dgent inquiry as they were
able Tor that purpose
Mr. DOWNS. wish to make few remarks, in e.
ply TO the honorable senator from North Carolina, who
supposed that Congress had settled The question that rep
reseuaiion might be allowed without even enumera
ton That IS very true, IN case where no enumeration
had been made but they have IN any instance,
made such an allowance where enumeration has been
made 90 the contrary the pbraseoogy OF the consttu
ton itself clearly contempales that before an enumera
ton has been made IN the origin OF the government,
and when nc State is admitted they must necessarily
allow a representative without enumeration. The
language OF the constitution is not that representative
shall be allowed without enumeration, but that when
enumeration made then there shall be rep.
resenation without enumeration; that the decision OF
Cong ress, which the gentleman relies, has appca
ton a case OF this kind The language OF the consii-
tuition s Representatives and direct taxes shall be ap
portoned among the several States which may be IN
cluded within this Union, according 10 their respective
numbers" and so forth The constitution after prescr
bng the mode OF computing the representative population,
says The actual enumeration shall be made within three
years after the first meeting OF the Congress OF the United
States and within every subsequent term Of len years, IN
such they shall by law direct. The number OF
shall not exceed for every Thirty thou
sand bu, each State shall have at least representa-
tive and until such enumeration shall be made, the
State of New Hampshire" nc. The constitution then
goes 10 enumeraie how many representatives each
State should have until enumeration should take
place that The constitution itself recognises the prn
ciple adopted by Congress afterwards, that when no
enumeration had taken place Congress would 90 into
estimate and allow an apporonmeni accordingly but IN
no nstanceneher IN the case OF Alabama, cited By the
senator from Missouri, any olher-bas IL ever been
allowed when an enuherahon has been taken.
l think too much importance Is attached TO the idea
that there returns here. which the senator from
Missouri and others 10 anticipate That Is not the
fact There returns. There returns, in fact,
from every county OF California-certsny from every
county but one-about which there is some dispute All
these returns made directly either the Secretary OF
the Interior OF 10 the secretary OF the State OF California
and adopted by the committee This is not a where
there are felnrns, for there returns.
The suggestion, however, is made tina, the returns
erroneous TO say that may be suggested
in the returns OF other counties There may be errors
suggested IN reference TO almost every county OF the