The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-02-25
THIRTY-SECOND CONGRESS-.
FIRST SESSION,
TUESDAY, February "a, 1852
SENATE.


SENATE
EXTENSION PATENTS.
Mr.. COOPER presented three petitions from citi-
zens Of Pennsylvania against the extension of the
patent Of Austin and Parker for improvements in
water wheels, and four against the further extern
sion OF Woodworths patont for planning machine.
NOTIFICATIONS THE TARIrF.
Mr.. COOPER presented three memorials from
Pennsylvania asking modification of the tariff of
lS96, and one from Journeymen cigar makers
asking an increase Of the duty on imported cigars.
He also presented memorials against the trans
portatlon oil the mail on Sundays, Tor the improve
ment OF Delaware river and bay, and for variety
OF other purposes
ENGINEERS NAVY
Mr.. JAMES presented memorial from cngi-
corps to which they belong; which was referred to
the Committee on Naval Affairs.
CLAIMS AGAINST MEXICO.
On motion by Mr.. MASON, the Committee on
Foreign Relations, TO whom had been referred the
report of the Secretary Of State OF the til
in relation to the proceedings of the Board of Com
missioners on the claims against Mexico and the
memorials of John j. Palmer. David Hull, and
others, were discharged from the further consider
Mr.. MASON suggested that the memorials be
referred to select committee, and for the present
they we're laid on the table.
fairs, reported bill providing additional compen-
sation TO officers and men Of the navy who have
served or serving tho coast OF California and
Mexico, and Tor other purposes
MIR. RUSK, from the Committee on the Post Of
fee and Post Roads, reported joint resolution
modifying the existing laws for the government Of
the Post Office Department in relation to California
and Oregon.
APPORTIONMENT ELECTORAL VOTES AT THE
PRESIDENTIAL ELECTION
Mr.. BORLAND introduced the following joint
resolutions:
Joint resolution in relation to the number of cleo
Presidential election of 1852.
BE IL resolved, &c That the number of electoral
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 apporton-
ment under the enumeration OF 1880, as provided
by the act for 'taking the seventh and subsequent
censuses," approved May %, 1850.
Mr.. BORLAND said that upon the desks of Sen
ators this morning a communication from the
President Of the United States, with report from
the Secretary Of the Interior, showing the inability
of the Secretary to make the apporionment
CURED by the act of May, 1850 for the reason Of
the defective returns from the State OF California
He thought that the declaration contained In the
resolution he had introduced was most Important
necessary, indeed, on account Of peculiar circum
stances enable the several States TO exercise the
elective franchise in the ensuing Presidential cleo
ton. He would not have brought the subject be-
fore the Senate bot for the magnitude of it's inter
est TO all the States and particularly the one he
represented. There were, also, opposite opinions
entertained on the subject throughout the country,
and even among Senator'S He had held from the
hrst but opinion, but. as he was always disposcd
70 dstrust his opinion, he desired this dlfrer-
Of opinion to be decided by the authoritative
action Of Congress.
In his opinion Submitted with diffidence,) the
Constitution, the act of 1892 and the Census act Of
1885, taken together, clearly and certainly estab-
Itch the position assumed in the resolution, that the
number OF electoral votes to which each State VIII
be entitled to give in the ensuing Presidential elcc
will Ia he har IF Sppa tor md
atives to which ii will be entitled by the apporton
ment under the recent enumeration; that Ia, that
the election will be held and the votes given upon
the basis OF the OF $780, and not that OF lS4O
The Constitution of the United States prescribes:
"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 IS they shall by law
direct" Until the fret &c tua enumeratonithe num-
Der of Representatives was arbitrarily fixed. For
the election of President and Vice President it is
provided that coach State shall appoint, in such
manner the Legislature thereof may direct,
number of electors equal to the whole number Of
Senators and Representatives to which the State
may be entitled IN Congress"
To carry out the provisions of the Constitution,
Congress, in 1192 passed IAN act relative to the
election of a President and Vice President OF the
United States, the lat section OF which provides:
THAT, except IN case of an election OF Prcsident
and Vice Precedent of the United States prior to the
ordinary period, hereinafter specified. electors
shall be appointed in each State for the election OF
within thirty four days preceding the first Wed
nesdsy Of December, 1892, and within thirty -four
days preceding the first Wednesday in December
in every iourth year succeeding the last election,
which electors shall be equal to the number OF Sen
ntors and Representatives to which the several
States may be entitled at the time she the Presidsnt
and p,cs Pres,dent thus 10 be chosen should come
INTO Office ProUidsd, ainays, That " here no apper
comment OF Representatives shall have been made,
after any enumeration at the time of choosing cleo
tors, then the number Of electors shall be accord
-
Representatives" Unul 1850 the practice had
been 10 pass an superintendent act after the taking
of each ccnsus; in 1850 the act providing for taking
the census provided also for apportionmcnt of
Representative, and consequently of Presidential
electors.
MIR. b. then quoted the cath and 25th sections of
the act Of May, 1850, which sections provide for
an nppOrtiOnnIent OF two hundred and thirty three
members among the several States according 10
their respective population, To be asccrtained by
the rcturns OF the seventh census These sections,
be commended, when taken ia connection with the
provisions OF the act Of 1892, and the Constitution,
clearly provided that the number Of electoral votes
at the next election TO be equal 70 the whole
number Of Senators and two hundred and thirty
three Representatives provided for by the act of
1880 and that this number of electors could only be
apportioned by the Secretary of the Interior in the
manner provided for by that act But he thought,
in order 10 settle all doubts, Congress should dc
clare authortauvcly upon the subject
eoMnIssGos UNDER THE cosvESTIos WITH BRAZIL.
On motion OF Mr.. MASON, the Senate pro-
ccedcd to the consideration of the following
Joint Resolution extending the time of the com
mission under the convention with Brazil:
Resolved by the Senate aud House Of Rspre-
sentafirss of the Urisd States Of 14rnerica Con-
grsss assembled, That the act entitled IAN act to
carry into effect the convention between the Uni
ted States and the Emperor of Brazil, Of the
twenty seventh day OF January, in the year eigh-
teen hundred and forty nine," approved March
twentieth, eighteen hundred and fifty, shall be,
and the same ia hereby, continued in force for the
OF IA n ma tla aftc thc Grzt DIN
of March, in the year eighteen hundred and
fifty-two
Mr.. MASON said that, after consultation with
Others. hJ thought IL uurdvisabe to extend the
commission beyond four months, and therefore
moved TO strike out "nine nou tbs ;" and insert four
months" which amendment was agreed to; and
then the joint resolution read third time and
parsed.
Mr.. CLEMENS submitted the following resolu.
ton, which was laid over:
RooiUed, That the Committee on Naval Affairs
be instructed TO inquire into tho cxpcdiency OF
funding to Charles G. Hunter the amount OF losses
sustained by him while comma nding the steam