The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-02-28

In ths Senate on Tuesday, the following steI

In lnU SonAte on 1 uee0ays TIE ioltoWlng sfPS
were taken in relation to that matter
Mr.. BORLAND, by unanimous consent, asked
and obtsined leave TO introduce joint resolu-
ton, which was read, AS follows:
joint Resolution in rsiation 10 The number d
electoral uoies each Stale 0iH be entitled to IL,
the Presidential election Of 1852:
BE ii resolved, dc, That the number Of cleo
toTal 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
1850, as provided by the act for taking the
seventh, and subsequent censuses," approved
May 20, 1850.
the resolution, on the motion of Mr.. BoRLAND
was read second time, with view to reference
Mr.. BORLAND. If 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 report from
the Secretary of the Interior, showing 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. Ia con-
nection with it, and ms part of the action of
the committee and OF the Senate in regard to
the questions it Uses, and requires to be set
tied, think the declaration contained in this
resolution is most pportant-necessary 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 80 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 enter tanned
alike throughout the county, 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 dstrust somewhat my own opinions,
especially upon questions like this, when find
them not concurred 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-which 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 tho
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 egs-
lation under it on this subject Providing for the
census, or enumeration of the people, the Con-
stitution prescribes
1.-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. /, sec. 2.
Until the first actual enumeration, the number
of representatives was arbitrarily fixed by a
special provision; thirty thousand being the
minimum of population emitting to one repre-
sentative and New Hampshire having three
Massachusetts eight, &C..
For the election of President and Vice. Presi-
dent it is provided that
Each State shall appoint, in such manner as
the legislature thereof may direct, number Of
electors equal to the whole number Of Senators
and Representatives to which the States may be
entitled in Congress-" &c.-Const. u. s., art 3,
sec. /.
To carry out these provisions of the Constitu-
ton, Congress passed san net 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 President of the United
States prior to the ordinary period as herein after
specified, electors shall be appointed in each
State, for the election of President and Vice
President of the United States within thirty 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 to the number of Senators and
Representatives to which the several States may
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
portionment of Senators and Representatives"
APPROVED. March l., 1892.
Until 1880 the practice has been to pass an
act, at the end Of every ten years, ato provide
for taking the census;" and subsequently, when
the returns of the enumeration, &C., had been
received, to pass another act for the apportion.
ment Of Representatives among the several
States, according to the census" AS examples
of this legislation, refer to the act-the title of
which have just quoted-for taking the fifth
census, approved March 80, 1880, and the sub
sequent 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," it was deemed best, and was
provided accordingly, in the same BILL for max
ing the apporLionment of representatives-and
consequently, of Presidential electors Accord.
ingly it was, among thenew provisions, enacted
"That from and after the Sd day of March,
1853, the House of Representatives shall DO
composed of t,eo hundred and hi,iy-three mem.
bers, to be apportioned among the several States
in the manner directed in the next section of
this act"