The daily union., 1852-04-08
THE UNION: WASHINGTON HURsDAY MORNING APRIL 8 1852
have two representatives ill another enumeration be

-
have representatives ill another enumeration can be
made.
Mr.. RUSK Mr. President. ii seems to me-
MIR. BADGER. Will the honorable senator from Texas
Mr. Ruskl allow to ask question OF the senator
IRON South Carolina. Mr. RHETTll 5lsss
Mr. RUSk. Certainly
Mr. BADGER. desire to ask the senator from South
Carolina IMr RHEErl a question. concur in the oh
jects he has IN view wish California TO have her Two
members. Iwish South Carolina to retain the represent
alton she Is entitled to under the census act, including
her member for the largest fraction But If his amend
be adopted and addition be made to the number
OF which the House OF Representatives Is 10 be composed
how can both these objects be accomplished U
Mr. RHETT, The number would be increaed. Of
course. The mere adoption OF this amendment would
make one more representative. lhoughl i was not ne
you give two members 10 California; the necessary result
is TO add to the number composing the House OF Rep
Tesntatives.
Mr. RUSK II seems 10 me that | see way in which,
without violating the constitution, properly settle
This matter The constitution requires US 10 apporton
he representatives according 70 The actual enumeration
me- settles this matter far that actual enumeration
has gone We cannot By our enactment here, unless we
choose 10 violate the constitution. deprive any Stale ol
Of her members, 10 which she is entitled under the
actual enumeration, taken in pursuance OF The require
ments OF the constitution Increase her representation
sl s fp nesIs has akeo o paee Now ~ evident M
that actual enumeration has taken place in Cali lfona
Can we, then, under the constitution, fix the number OF
representatives.!
stituton is imperative upon that point must be done
according TO actual enumeration OF her inhabitants,
and that enumeration has not been made. California is
entitled to two repTesentatives-entled by aw--the
law OF her admission into the Union Were there iiDo
representatives given to her cOnstltutlOnay! think
there can be no question about that The power to ad
nit State carries along with il the incidental power to
fix the number of her representatives. true that we
bound 10 attempt, and as far as there any
lights before did attempt, to fix her representation
according to the ratio OF her population. AS have just
remarked the power 10 admit California carried along
with il the incidental power oil fixing the number OF her
representatives. Such has been the practice OF the gov
ernmen which must necessarily be the The power TO
admit States necessarily carries along with the power Of
fixing their representation in the other House OF Congress-
Then, IL we will adopt an amendment! to give TO South
Carolina the membero which she would be entitled in
sequence OF her fraction Of population. and to all the other
States Of the Union the number to which they entitled
under the law, according to the actual enumeration far
has taken place. and then retain 10 California the
wo representatives to which she is entitled according TO
the act of her admission into the Union, think would
settle this matter properly. am prepared 10 vote for
such amendment as that, for think it would not be
Mr.. BRADBURY. In accordance with the suggestion
of the honorable senator from Texas propose change
the phraseology OF the amendment offered, by striking
out the words "tha the said State has" and insert
ing the words prescbed by the act admitting said State
into the Union" suppose that as the amendment was
offered by myself, can make this modification.
The PRESIDENT. II can only be modified with the
appreciation of the Senate If there be objection, the
modification will be made.
ned with some the amendment the honorable SEN
ator from South Carolina has read, and have become
satisfied that unless something more was added to The
legal construction would exclude his State With the
modification have made think my amendment will
not only meet the views OF the senator from South Caro-
lima, but also of Texas.
The amendment was read as modified, as follows:
SIC s. Ind be ii further enacted, That the State of
California be entitled TO the number Of representatives 10
the Union and that for this purpose the OF Maya
ls'e providing Tor an appSlonmen among The several
hundred aud thirty -four, instead Of two hundred and thirty
three, until spporlionnent under census"
Mr.. DOWNS. Can this amendment now be amended
The PRESIDENT. IL is open TO amendment.
Mr.. DOWNS. Then will now present the question
which wish TO be decided at time before the final
vote and will move 10 amend the amendment by giving
Louisiana five representatives, instead of four and in.
creasing the whole number 10 two hundred and thirty
FIVE. instead OF two hundred and thyour. The ground
upon which propose this amendment is this The two
largest fractionsfor other comes them--are
those OF South Carolina and Louisiana. South Carolina
has fraction, IN round numbers OF 1900, and Louis
OF 40 ,000 There is difference oil about thousand
between them. The position | lake is, that II by any
computation, or estimate or equitable arrangement you
allow another representative TO California when her
actual returns do no, show fraction 10 large that OF
Louisiana, you cannot fairness aud popreiy exclude
Louisiana, which has large fraction. This will lead
TO further alteration in the arrangement because there
is other State that has fraction near so large this
Arguments have been urged with great deal OF force
and proprety showing that California ought 10 have
another member and yoa say that South Carolina
thing said in support OF that proposition applies with
equal force to Louisiana because both these States
have large fracons--one happening TO be a very small
amount above the other II you TO increase the
number il is proposed by the amendment IL is not
material far the principle is concerned, whether
you increase il two. II you increase it one.
der TO give South Carolina additional member
or California additional member, why should you
refuse 10 extend il 10 one more for Louisiana has
a fraction very little different from that OF South
Carolina. You will certainly do injustice to my State
IL is the suggestion OF the minority report OF The commit
This proposition would have asseDied 10 upon the
committee, TO give South Carolina a member, louisiana
a member and California member and would have |
asseneJ to II, because believe it would have done JUS
tice all the parties But certainly could not agree
and hope the Senate will decide, where the diff
ference is small-to allow member TO South Caro-
lima, and 10 exclude Louisiana.
There is another reason why il will be more conve-
nient probably TO increase The number by two rather
than one. As stands II is odd number. II is
not absolutely necessary that II should remain but
may be convenience that IL should be odd num- |
Der; Otherwise in the election of President there might
be tie, and choice The number (23i) would be |
subject to this equal division. Al any rate whatever OBJ
lection there may be 10 easing the number there
be no material objection TO increasing II by two more
tban by one
do not propose this amendment ont of over xiey
socitude increase the strength of my Saie but ON
account OF the peculiar position in which she stands
There is other State similarly situated. do not
think that ample justice be done TO The three States
unlcss the settlement passed upon that prn
ciple. must repeat what stated yesterday on The
Il IS mere assumption that there no
returns here from California. Such is not the fact
There returns, which strictly Official and bind
ing they were Official They from every county
and tbrre ian hath hat