The daily union., 1852-04-09

OF e case In which can be said mat Tue oae Oh Ca-
lorna 10 certainly entitled 10 two representatives. and that
she does not have them she is deprived OIL them-or
rather deprived OF one OF themunless you look upon II
as part q the great compromise measures nal are 70
the Union, and regard her representation in the
other House hnaliy which Is not TO be disturbed by
taking away one OF her two representatives. But do
not suppose ANYBODY takes that view OF IT, fl5#
am perfectly willing. Mr. President, il there Is salts
factory evidence here, 10 give her additional member
but sir, it must be upon some evidence. Then the ques-
ton arseshave evidence, and sufficient evidence 10
authorize us to proceed upon and give the State OF Cali
fornia another representative than the allowed Ii
give her this additional representative, must be be-
cause have evidence 10 satisfy that California has
population sufficient and the evidence that salts
fes that California has population sufficient satisfies
that other State in the Union has large fIac
lion she has Ii seems to me to he perfectly plain
that. unless abandon the law providing for the taking
OF the seventh census give the representative 10
the State having the largest fraction but II abandon
that law, and say that the whole number shall not be
233, but that may be other number by that act we
throw the whole question open. Why may not those
States which have fractions OF 35, 80. or 3S thousand
why may not they come in with equitable claims, asking
10 be considered upon the ground, and where
gentlemen going 10 draw the lines II seems TO me that,
proceeding under the constitution and under the law, the
question ID whether there is sufficient evidence to satisfy
you that California has larger fraction than South Caro-
lima. II you have got that evidence then give her the
is evidence enough satisfy you that she is entitled to
II, and you do not give 1t to her, then, and not till then,
do you deprive her OF representative. And
you become satisfied that California entitled to repre-
sentative, the very moment you the conclu
sion that South Carolina is not entitled TO representa-
tive.
sort OF fear that shall find any real difficulty here.
We have got into dilemma; and the way to get out OF
dilemma is very easy, know from experience
make compromise, and that will remedy all the evil
and is easily DONE suppose in the present instance,
the compromise will be this: Inasmuch the State OF
California is not willing 10 give up her representative
which she had previous this census and South Caro-
lima is not entitled 10 in addition 10 that of California
as the rule now stands. why, SIR, we shall settle this
matter as il 'manest destiny" settles itthey
shall both take representatives; and that is the result
which shall But when do that, let tell
gentlemen we make wide departure from the constita
it is the frat time, il will be the first time, say the
least that the Congress OF the United States have ever
undertaken TO give representative and above what
was ascerained to be due by actual enumeration which
had been made. That would not be the regard 10
California, IL you have got evidence enough; but that
case, regards South Carolina, ii will be manifest she
would not have evidence enough 10 prove the larger
fraction and would not be entitled un;
less change the number TO give both con-
Tess the thing is attended with difficulties should not
know exactly how to act upon the question had not
been in the Senate when have got out oil very
intricate labyrinhs in the easy way have alluded
and in future. whenever difficulty shall arise. all we
have got to do is 10 pass any act please. Only call
compromise, and 1t will lead us out safely and gory
The authors Of i:
the gentleman how get OF this dilemma which
he speaks OF, by simply reading from the constitution,
| and making few remarks upon il: Representatives
and direct taxes shall be apporoned among the several
States which may be included within this Union accord
ing to their respective numbers, which shall be deter
mined BY adding to the whole number OF free persons,
including those bound TO for OF years. and
excluding Indians not taxed hree-fhs OF all other per-
sons Now, sir there the great constitutional rule
and then goes and says that Congress shall app0ron
the representatives and impose direct taxes according 10
federal numbers That the rule and that the essence
oil the constitution. Bat you ask, how are the mum.
befs TO be ascertaned The subsequent portions OF the
OF the constitution say that during every years you
make actual enumeration. That the language
But, SIR those directions given oil executive char
acter. for the purpose Of obtaining information upon
which you are 10 act The difficulty here is IL is said,
that you have not got an actual enumeration, and there
fore the correct information upon which TO base your
ton Admit it; and what then are you to dol II you
have got precisely what the constitution has directed
what you TO doi say. like every other case, you
take the next best evidence that the suscep
BILE Of You bound carry out that injunction OF the
constitution OF the United States apporton the repre-
senaton according TO numbers. The rule Is given by
which you required to ascertain these numbers That
rule has been accurately observed In the absence of
that accurate observation which you TO make by the
execution OF the rule. what are you 10 dol You are TO
get the next best testimony from all sources that you
and when you have got IT, to execute the great
Injunction OF the constitution.
Now. to advert to the cases which have been put:
You have three DISTRICTS by way oil illustration, IN Ten
nesseethe eastern, middle and western Suppose the
marshal OF the middle district of Tennessee makes
returns at ALL but The marshals OF the eastern and west
constitutional information upon which you can do JUS
ce 10 the east and west OF Tennessee but you lack the
information in the centre. What You 10 do May
you not consider the information far IL
goes, and then 90 into estimate OF the probable in
OF the middle section by comparing the increase
in the various decennal periods for ten, twenty hr
ty years back, and make your estimate in that way
You may do that most certainly You then the
most accurate information, far you have il, and
you the rate of increase by comparison, taking
| the preceding decades, and make a rule; or, IL you
please, you may resort 10 statements which gentlemen
may make who with the middle dis,ric
OF Tennessee All this, you perceive will be adopted
as second rate grade OF evidence Ii is approxma
tingdoing the best you can in making great constu
tional rule.
But suppose the case which has been put regard TO
you do then You by necessity deprive the
State OF her representation and cut her down to one,
under the rule OF the constitution which says that each
State shall have one representative or II you enlarge Il
above one, You must do IL by endeavorng ascertain
the whole population OF the Stale. Well, may you not
in pursuing this investigation, have suggested, ask
yourselhas the State increased since the last census
which was accurately taken or has il fallen OFF, Sup
pose, by comparing two three decades, you find the
State has been upon slandbat II has neither increased
fallen of may you not consider that relative State
popu alton which existed at different decenna periods
Tor the purpose OF asceaining whether you ought 10
take the old population returned ten years ago, or
whether you must take different rule Sir IL is clear
To my mind in OF that eort, il return has been
made for Massachusetts, that IT will not follow that
you must reduce the State down one representative
but you must take the population OF the preceding
years. and compare with the periods OF ten years for the
last twenty or thirty years, and by this calculation
10 conclusion 10 what representation il would be
1 rig and q allow the