The daily union., 1852-04-09


an actual enumeration" for California, in view OF the
constitution, precisely there has been in the other
States There has been count there and that is what
the constitution means by acaal enumeration :, but
whether that count has been accurate is another
question
Mr. WELLER 1t is not contsnded. in the case Of Cali
iorna on the lace OF the returns, that they full
Mr.. BORLAND. This view l have 80 far presented
does not ahsct At all the vote shall give upon The propo
in which arrive at the conclusion which determines
my vote. II brings the conclusion that South Car
olina is entitled, beyond dispute to additional repre-
sentative | assume what bound TO assume,
less undertake revise the from all the States
and decide upon the accuracy OF all that the from
all the States constitute actual enumeraon under
the act oil $780, passed In compliance with The consttu
This actual enumeration OF all the States clearly
entities South Carolina, she has the largest fraction, 10
TO repeal the OF 1850, to strike il out from the
could not deprive South Carolina OF the
representative which that act by virtue Of the consti-
uuon has given her Ii has become her right by virtue
OF law passed by the Congress OF the United States in
conformity with the constitutions and we cannot de.
prye her OF that right 1t hers by our constitutional
We are also, in my opinion, equally precuded from
taking advantage Of California TO her injury by an act
which must be called our own wrong" In the
take the words, the returns from that State defective
and inaccurate yet, in view OF the constitutions and OF
the act OF 1880 and for all legal effect they constitute an
n emu, n but nsr % % = our fault
OF unless corrected and countcracted by u.s. will
ct serious injustice and injury upon her, there is moth
ing clearer TO my mInd or more binding upon my
Of JUSTICE than The obligation upon us 10 afford her proec
tion IN the only way now in our power.
MIR. BELL. should like to ask the honorable sena-
tor why it is that he says that South Carolina has vest
ed right under this act Let me read him the words OF
the act OF 1850:
THAT the and each subsequent
meraon Of The inhabiian!s Of the several Sates directed
be completed and returned the Office OF the Department
Of the Interior 1t shall be the duty OF he Secretary of the
Interior to ascertain the aggregate representative popula
ton Of the United States." &c.
Now. wantt to ask him, has that here been done
Mr.. DOWNS. Returns have been made.
Mr.. BELL But have they been cOmpletedl :
When was up before meant merely TO state that
vested right in this at all. What objected
to was, the unsett!ng OF the numbertwo hundred and
thirty -three-whch fixed for the House of Repre-
sentaves say that there is vested right about the
matter under this act. | assume that ground and
should like the honorable senator TO allow i 10 be in
quired of the Secretary Of the Interior whether he has
made any report upon this subject whether there has
been complete enumeration according 10 the words Of
the act of 1850
| Mr. BORLAND will answer the honorable sena-
Tor according TO my knowledge and understanding OF the
act Ii very certain that the act of 1850 meant by The
completion OF the returns, the close ending OF ths off,
ca action of the agents employed by the Secretary of the
Interior to take the enumeration II could have other
meaning, II would not apply to the accuracy OF
turn and oil course meant performance OF the duty,
and return Of what the officers had done Then com
menced the duty OF the Secretary Of the Interior which
TO take these returns, which constituted the acual
enumeration" which the constitution requires asser.
tain their aggregates by addition, and then divide them
by hundred and thirty three determine the ratio
OF representation required by the act OF 1850 These
not to be, and noi arbitrary acts OF the Secre
tary the number TO be ascertaned by the add
lion and division arbitrary number, AT his discretion
The actual enumeration was prescribed by the cons-
tuon provided Tor by the act OF 1850, and com
peted by the returns being made by the marshas the
Secretary OF the Interior Upon the occurrence Of this
series OF events, the whole "actua enumeration was
nf nfaftnp E~oA
number representatives 10 each determined The
further action Of the Secretary snineriai only and
laon whereby the aggregate OF the returns was 10 be
divided by two hundred and hirtythree and the result
or, in arhmetical language. the "quoent" the
ito OF representation and then the diysor oil the
turns acua enumeration" OF each State respectively
by this 'quolienr or ratio, ascertained the number of
due OF right, by virtue OF the constitution
and under the act OF 1850
wish the senator from Tennessee to understand that
proceed upon The ground that "aciua enumeration"
whether accurate or not, Is what is prescribed and intend
ed by the constitution. Upon this actua enumeration"
without regard 10 its accuracy OF which he has power
Judge the Secretary Of the Interior bound under
the law, make the addition and then the division and
thereby having nsoertdiNed not fixed the ratio and the
representation 10 the result TO the country
that each State should learn her rights and conform her
action 10 them.
find no fault of the Secretary OF the Interior for not
having performed that duty at once. find fault OF
him for deferrng his final action, until he had
muncaed 10 Congress a statement OF what he could not
be inflicted upon California, consequence OF the de-
fecve and inaccurate returns OF the "actual
ton" he had received from officers in that State
What mean however is TO say that, in my opinion, the
law left him discretion He bound, upon the
cept OF the returns whether they accurate not,
TO make the addition and divisions and the
suit That my idea OF the requirement Of the law, and
OF the Secretay's duties under IT, But under the
cumsances have mentioned he very properly postponed
the performance OF these duties to afford Congress OPP
portunity, by further legislation, to nerpose remedy
for our wrong in matter deeply affecting the inter-
est OF sovereign State This proper in itself from
the magnitude OF the interest involved and could, n no
way, do harm, there was ample time 10 do justice 10
all parties repeat, the law did actually require him 10
proceed and he had, strictly speaking, no legal right
whatever defer il for moment after he received
injury to the public interest which such postponement
might have occasioned. had he acted ndscreey yet he
has done well under the circumstances as he has
buted 10 OF the States oil this Union from suf
erng and the federal government from infctne grew
ous wrong
While therefore, Mr. President. insist ha, the right
Of South Carolina TO the additional representative which
the fraction (being the agesp gives her, by authority Of
the constitution, exemplifed under the act OF 1850,
equal earnestness that we owe duty TO California
which cannot disregard refuse 10 perform That
she had population sufficient 10 ente her 10 two rep
resenta,ives, when we admitted her into the Union in
1850, is, apprebend, not disputed At any rate. we
here in our legislative capacity, neither dispute
refuse TO acknowledge IT, We declared IL 10 be the fact
by the most solemn act OF legislation. is "a fixed
fact them for us And il will be az little disputed, as
apprehcnd, thai she has large population now she
Bu admit il TO be equal and there is the to
all bar fivea WA then