The daily union., 1852-04-10

from Maine shall prevail. and numbers shall H. dAo'
gsrded IN making the apporonment, see no reasa.
tor from Louisiana should also prevail beeansasa
show, think beyond controversy, that Louisiana vii,
stand after you have made the number oi the House ~
Representatives two hundred and thirty four In pree
the same category in which South Carolina now s,aa
In relation 10 California
Now, what is the way, the PRACTICAL way 10 get on, !,
Gated BY the honorable senator from Kentucky yes,esn a
lMr. UkDERwooD,1 when he said, ascertain The num-
bers satisfy yourselves 10 the real numbers in the Ss
and when they are asceained follow the rule prescbe1
by the constitution. The enumeration is not conclusys
il does not bind US We should, indeed respect SO q,
as 10 give representation accordingly where an ena.
meraon has been made in fact. Where we have returns
of actual enumeration, we should follow them Whsrs
we have not. we should take the next best evidence
But bound to give representation according II
numbers and il The returns from any State do no, repre-
sent its populations IT, by the returns of the officers xho
attempt take the enumeration, il appears they are IN
compete then il TO that Congress is bound n
correct the returns BY asceranng by the best evidence
within its reach what is the true number OF the popua
ton The returns from California are confessedly nco
plee. Let then the population Of the State be deter
mined according to other evidence II the number SO a.
ained gives her two bers she entitled 10 them
and should have them South Carolina must abide H.
consequence, any other State in the circumstance,
On the other hand il there satisfactory evidence
that the numbers of California ene her 10 Two rsn,
senlatives California should submit TO the result which
the facts necessitate.
II certainly right to give TO California two repre-
sentatves absolutely without evidence that her popus
ton entities her TO two and South Carolina six because
her population, il the claims Of California be dsegarded
entities her to six and still deny Louisiana The repre-
sentative to which she becomes entitled the very mo-
Representatives is increased to two hundred and hiry
four the claims of California being disegarded as in he
OF South Carolina. The honorable senator from
South Carolina says that there is contract between the
government and California Not so. When California
admitted into the Union she was allowed two rem
resenta,ives. The evidence then before Congress
satisfied US that she was entitled to two rep
reseniaives; but, unless her actual numbers now
do not entte her TO two she has better claim 10 BE-
allowed two than New Hampshire has to be allowed
her old number, South Carolina her old number The
act for the admission OF California apporioned her
according to her numbers and according
to the existing ratio According to that ratio al that
time, South Carolina was entitled 10 members and
now in event she have more than six. Califonis
entitled totwo but now. If her numbers do not en
tie her to two she cannot have two Congress is only
bound to ascertain the numbers and give her represent
alton accordingly
AS the senator from South Carolina called the aen
ton OF the Senate the language Of the act admitting
California into the Union, beg to do the same thing
as q timer se Sbs boa
by that act to two represeniatves-until wheni "Unl
the representation in Congress shall be apporoned ac
cordng to the actual enumeration Of the inhabitants Of
the United States" That actual enumeration Of the in.
habants of the United States has been taken the appo
tionment contemplated by the act is to be made
That is the very thing that is attempted in this bill II
is very true that this enumeration is not complete but
is "actual" The provision OF the act OF admission is
conched in no unusual unfamiliar language II has
been adopted when other States admitted and there
is precedent in our history which will warrant us in
regarding this language contract fixing The repre-
of the States beyond the period of the
next apportionment That PERIOD in the of Cali
fornia has arrived The rights OF California under that
act. are at an end. If bound to give California
representatives, is not any ground OF contract
We must give them 10 her, il at ALL because her numbers
entte her to them.
Now, admit very cheerfuly the claim set up on be.
half OF California by her senator's think it is clearly
the duty OF Congress TO ascertain her actual Numbers.
is not their duty 10 receive returns confessedy ncore
and incomplete conclusive California occupies very
different position from that Of Ohio. For example. we
think that our returns are incorrect and that our popu
laton is much larger than is shown by the census; sta
tsticans, welinformed and intelligent, assure US that
the census returns, as 10 Ohio. are grossly deficient But
these returns purpo to be complete The returns from
California do not purport 10 be complete.
The senator from South Carolina mr. RHETTl informs
us that slasts are OF opinion, very generally that
census returns come within ten per cent OF the actual
population, they are very accurate is nota case then
where the returns are simply incorrect that would as
fy revision; where the returning o1cer purpohs
have done his duty, and has results that ap
parenty accurate But, where the census agent for The
State, having the general control OF all matters appe-
tanning to the ration. reports to Congress- the
proper department, that the is defective and in
complete; where the sworn officer Of the government
advises that the enumeration has in fact been
madethat there is n fact actual enumeration OF the
population OF particular Sateit surely becomes the
duly of Congress ascertain. from the best evidence 10
its power the true number OF inhabitants, and gvea
represen laon according 10 the true number We
inquire in such case whether justice TO Stale wop
crate TO the disadvantage OF another State. The rule
established by law and all thar have do is apply
il under the guidance OF the constitution, making the ap
potonmeni according to the numbers, and using the
meratlon merely as means OF ascertainng what The
numbers are. ~. a
Mr.. BADGER Ii seems TO me. Mr. Presidsni. that
the presentation OF the facts in this in very few
words will be sufficient 10 show that South Carolina has
an undoubied night 10 the member she claims under
her fraction. and that Louisiana have no claims in
Consequence OF the allowance OF that member to her
Now, cir, raise the question here. The act OF 1850 d.
rects that the enumeration shall be completed,
and the returns made to the Secretary OF the ntenor,
he shall proceed TO ascertain and apporon the NUM-
bers for the different States, and shall announce The
result But the act OF 1850 does not specify any time
within which these returns shall be completed. II the
returns had been eompeted- the returns for the State
Of California had been returned TO the Office oil the SecTe
tay OF the Interior with the apparent accuracy and
with the completeness as they had been for The
other Staes-ths subject II understand i--and think
my friend from Missouri Mr. GErEel agrees with me
entirely in ihiscoud not have come before Congres al
ll or il there had been time fixed by the act OF 1850
which should have been the duty OF the Secretary 10
proceed to the apporonment according TO that
act, then, Notwithstanding this defect IN California, the
subject would moi have come here at all.
But the returns from California not being complete
am not speaking OF accuracy. but OF completeness
not being returns which puport TO present fully and &C.
curaely the population OF the State the Secretary sends
word - cannot execute this Law under the act Of
1850 am to wait until the complete from all
he States before proceed 10 declare the apporon.
nenn Now, unless Congress shall inleffse, and afford
some legislative enactment to enable this apporonmeni
70 be declared then this act Of 1850 canuo, be executed
That is the state of the case.
Well, now, sir, that being the state OF the case, the
amendment proposed by the senator from Maize Mo
BRADBuaYl is, that we shall allow 10 California upon