The southern press., 1852-02-28
Electoral Votes.
Ia the Senate on Tuesday, the following steps
were taken in relation 10 that matter;

,f EltCtOral vOt6Ss
Ia the Senate on Tuesday, the following steps
were taken in relation 10 that matter:
Mr.. BORLAND, by unanimous consent, asked
and obtained leave TO introduce q joint resolu
ton, which was read, as follows:
joint Resolution in relation 10 the number of
electoral potes each State ioiu be entitled 10 Ia
The Presidential election Of 1852:
Be ii resolved, DC, That the number of cleo
toral votes to which each State shall be entitled
in the election of President and Vice President
Of the United States in 1852, shall be equal to
the number of senators and representatives to
which each of said States will be found entitled
by the apportionment under the enumeration of
1860, as provided by the act for stalking the
seventh, and subsequent censuses," approved
May 80, 1850.
The resolution, on the motion of Mr.. BoRLAND,
was read second time, with view to reference.
Mr.. BORLAND. II it be in order, Mr.. Presi-
dent, | will remark, for moment, upon the
character and object of the resolution, before
move its reference.
We have printed, and upon our desks this
morning, communication from the President of
The United States, laying before us a report from
the Secretary of the Interior, Wing why he
has been unable to perform the duty of making
the apportionment Of Representatives upon the
basis of the new enumeration, as required by
the act Of May %, 1850; the reason stated be-
ing the defective returns from the State of Cali
fornia. This communication has been referred
to the Committee on the Judiciary. In con-
nection with it, and as part of the action Of
the committee and Of the Senate in regard to
the questions it rises, and requires to be set
tied, think the declaration contained in this
resolution is most important-Dec indeed,
on account of peculiar circumstances, to enable
the people of the several States to exercise the
elective franchise in the ensuing Presidential
election.
/ have hesitated to bring,this question before
the Senate, and should not have done so but for
the magnitude of its interest to all the States,
and particularly to the State have been sent
here to represent; and further, for finding that
opposite opinions on the subject are entertained
alike throughout the country, as indicated by
the newspaper press, and among the members
of this body For myself, have held from the
first but one opinion; but as am always dis
posed to distrust somewhat my own opinions,
especially upon questions like this, when | find
them not eoncurred in by gentlemen whose
capacity to Judge Of such questions greatly re-
spect, and concede to be, in general, greatly SUI
perior to my own, desire this difference Of opin-
ion to be decided by the authoritative action of
Congress.
In my own opinion-whch with some diff
dence | submit to the Senate--the Constitution,
the act Of 1892, and the census act of 1850,
taken together, clearly and certainly establish
the position assumed in my resolution, that the
number of electoral votes which each State will
be entitled to give in the ensuing Presidential
election, will be the number Of Senators and
Representatives to which it will be entitled by
apportionment under the recent enumeration !;
that is, that the election will be held and the
votes given upon the basis of the census OF
1850, and not that of 1910. In support of this
opinion refer to the Constitution, and the legis-
lation under il on this subject Providing for the
census, or enumeration of the people, the Con-
stitution prescribes
"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 ten years, in such
manner as they shall by law direct Const. U.
s. art. l, sec. 2.
Until the first actual enumeration, the number
Of representatives was arbitrarily fixed by a
special provisions thirty thousand being the
sentative, and New Hampshire having three,
For the election of President and Vice .Presi-
dent il is provided that
"Each State shall appoint, in such manner as
the Legislature thereof may direct, number Of
electors equal 10 the whole number OF Senators
and Representatives 10 which the States may be
entitled in Congress- &c.-Conxl. u. s., art 2,
sec. 1.
To carry out these provisions Of the Consiitu-
ton, Congress passed can act relative to the
election of President and Vice. President of
the United States" the first section Of which Is
as follows:
That except in the case Of an election of
President and Vice.Presdent Of the United
States prior 10 the ordinary period as herein after
specified, electors shall be appointed in each
State, for the election Of a President and Vice.
President OF the United States within thrty.four
days preceding the first "Wednesday in December,
one thousand seven hundred and ninety-two,
and within thirty-four days preceding the first
"Wednesday in December, in every fourth year
succeeding the last election, which electors
shall be equal 10 the number of Senators and
Representatives 10 which the several States NAV.
by law, be entitled at the time when the Presi
dent and Vice-President thus TO be chosen
should come into Office: Provided always, that
where no apportionment OF Representatives shall
have been made after any enumeration at the
time Of choosing electors, then the number Of
electors shall be according TO the existing sp.
portionment Of Senators and Representatives"
APPROVED. March l, 1892.
Until 1850, the practice has been 10 pass an
act, at the end Of every ten years, to provide
for taking the census" and subsequently, when
the returns Of the enumeration, &c, had been
received, 70 pass another act for the apportion.
ment Of Representatives among the several
States, according 10 the census As examples
Of this Legislation, refer TO the acttbe title Of
which ! have just quoted-for taking the fifth
census, approved March 30, 1880, and the sub
sequeut act for apportionment under the same
census, app owed May -, 1882.
This practice was abandoned in 1850 and
in providing for taking the seventh and subse.
quent censuses," il was deemed best, and was
provided accordingly, in the same bill, for max.
ing the apportionment Of representatives-and
consequently, Of Presidential electors. Accord.
ingly Il was, among the new provisions, enacted
"That from and after The Sd day Of March,