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

down 1914 The county Of Satter, In June. 1880
smbDSing what is now known as The mining county q
Placer sreturned as having popua!son Of sai TINS
its population not less than 900 in June, 1862
| Other details given by the same gentleman The
other representative from California Mr.. MARSHALL
concurred the opinion TO the great injustice that had
been done and gross inaccuracies in the returns Tor po
tons OF The Stale IN regard 10 which he had personal
knowledge We have, then. this remarkable fact, that
here are The from The State who speak Oh
localities with which they perfectly familiar, who
tell you that there are towns IN county mat conaheu
in June, $780, larger population entitled 10 be enumera
ted than the whole county is returned having con-
tanned and yet asked TO adhere to tfse returns
and told by the honorable senator from Louisiana MT
DowEsl that il would be unsafe 10 depart IRON them
AT the time that the Legislature o1 California sought 10
the population oil The Staie and found that the
returns furnished no adequate data TO approximate
to it, committee OF the legislature appointed to as.
certain the population basis Tor the apportonmenl oi
the members OF her Legislature This committee, having
sought they say, every means OF Information which
il was in their power 10 command, to the conclu-
that the State then contained population OF
This in April, 1851. This would. OF course, include
and April, l65la period OF months but that addi-
ton could not have exceeded the number OF 100000.
must confess that the evidence satisfied my mind that
California fully entitled 10 two representatives by
her federal population; and feel unwilling TO deprive
the State OF representative without any substantial ev
dence that should reduce her repre- senalion repeat
that where the returns approximate 10 accuracy
we ought not to depart from Them but when they are
shown 10 be grossly incorrect as to afford no accurate
\
actual population. it would be unjust 10 the Stale 10 DC
governed by them. -
We have precedent in the case of Alabama The
census returns OF that State at former census were not
made in due season. and that State permitted TO re-
tain the representation which II had under !ne PRIOR
census until new census was completed Upon me
same principle applied to California it has seemed to me
that we ought not to deprive tt Stale olhe existing
representation until new and accurate census shoua
show tina, we are right II had supposed INA, III mere
census would be, should have recommended mat lhe
present representation remain until new census could
be taken and TO provide for the taking OF such new cen
sus But, inasmuch had manner OF doubt on that
point prepared the amendment which have proposed,
TO the effect that California shall retain her present rep
resentaon under the present In order thai no
injustice may be done to South Carolina which has the
lowest fraction entitled to representatives. II California is
excluded, have proposed that the whole number OF rep
resentatves shall be changed from two hundred and
thirty three two hundred and thirty four 80 that CAL
iforna and South Carolina can neither have any cause
for complaint II California were permitted to retain her
present number OF representatives without hls aera-
tion, South Carolina would be excluded but as that
State urges that upon the records she entitled to rep
resentave account OF the fraction which she has,
have preferred not TO deprive her OF IT,
In regard 10 the suggestion of the honorable senator
from louisiana that IT California is permitted TO have her
existing number OF representatives. he shall propose an
ndmen giving additional representative TO Louis.
lana, II will be time enough to consider that question
when il comes up We have now only TO deal with Cali
lorna and the question simply whether We shall de-
prve her OF the present number OF representatives be-
cause census has been taken approximaung TO ac-
cuIacy,
would up to-day. and therefore unable at this
time present the Senate the facts upon which base
my opinions in such an order as would be glad 10 DO
must however express my astonshment that the hon.
orable senator from Louisiana should insist upon the re
turns which have been made TO the Department oil the
Interior being conclusive with regard TO The actual
population of California The law authorizing the taking
of the gave the Secretary o the Interior power
ohen the ood be completed, 10 make the apportion-
ment. He has power, under that law. TO make the
apporionmen until the census IS completed. He comes
before Congress and acknowledges 1t never has been
completed in OF the States oil this conledefacy tie
not only acknowledges it, but he sends TO the Senate the
evidence showing rely that IN that State the cen
had no, been completed 10 compliance with the law
The senator from Louisiana, assuming that has been
mpleed, says propose TO depart from the law, IN
asking that justice shall be melted out to California by
giving her two members instead q one as ,ne on propo
posed 10 do in the amendmenllhat 10, to give an addi-
tional member TO Stale, owing to defective enumera'
ton Was there an instance before IN which he
census completed before the apporlionment,
cep the OF Alabama which has been referred 10
and did not Congress- IN that case provide by law that
injustice should be done 10 the State on account oil
the failure OF the agent from death or other cause
TO complete the enumeration before the apporuonment
was made He says be Is opposed TO the estimate which
presented by the minority OF the Judiciary Committee
in their report yet he comes forward and gives an esii-
which he bases his statement oil The population
Mi DOWNS In the report OF the committee, there is
no estimate take the actual returns made by the
sus agent 10 the legislature OF California.
/ MI Twin luc CELSIUS agent edyet ih nis i.Ht' nu-
dressed the Secretary OF State OF California, that the
returns, some instances, were given IN round num-
bes that is, the hgures predicated upon the
turns made by The deputies, which only an approxma-
ton TO the truth He does pretend that they ac.
cuate yet the senator that they are slrcy cor
rect and bases his argument upon that assumption
| MIR. DOWNS. In some cases, then, you have no re-
turns at all
Mi GWIN And whose fault is il that have
not Is California 10 blame that we have not bad
the returns' The people of California threw no OBJ,
staclc in the way They contributed all that was
in their power aid the officers engaged IN taking
the census Are TO suffer In this respect because
the marshals failed 10 do their duty Suppose the
marshal OF the State of New York had failed TO
take the OF that State would the State which Is
entitled TO thifty.four members, be deprived, by the
ect OF this officer, OF her full representation, and be
restricted TO only member 1t is notorious that The
census has not been correctly and completely taken in
California. No man pretends 10 say that u has: The
agent himself says he has not taken " correctly IN any
countless and at all. And where IS the rem
edy Are you deprive State OF this oonfederacy OF
her proper representation in the House otRepreseniayes
because the officers OF the government have laed TO do
their duty This is the question presented to the
Senate for its decision. There is no man who will
report and say that not entitled TO two members in
the House OF Representatives u must be admitted that
the statement OF the member OF the House from Cafor-
MIA [Mr McCoRKLE is entitled TO infinitely more con-
sderation han the returns OF the census agent The
member from whose statement the honorable senator
from Maine Mr.. BRADnuRYl has quoted was member
of the joint committee of apporonmcnt IN the Legislature
OF California The returns OF the census agent were LAID
bsfore the legislature and known 10 be unreliable
by every member Of that body, and the joint committee
proceeded TO obtain information from all reliable sources,
10 ascertain as nearly as they could what the popua