Daily national Democrat., 1861-08-29

.
eminent legal gentlemen, and TO me 1t
seems reasonable.
II this should meet your views, it would
seem to avoid difficulties by amending your
PROCLAMATION as regards Congressman.
Personally l care little about it. nnd
write this for your consideration, for the
election as the thing now stands, may DO in
Justice 10 the other members on the ticket
who were duly nominated by the Conven-
ton.
Very truly your obedient servant,
f.. F. Low.
STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT.
SACRAMENTO, August 9th, 1861 !
+. T. Low, Esq, Marysville Sir
Your letter of the 26th inst, submitting to
my consideration views entertained by your
eelf and other citizens, to induce me to
amend my proclamation in regard to Con-
gressmen," has received my most careful at
tention. And to correct, as | humbly con-
ceive, an error that to some extent has been
embraced by the public, | have though,
proper to give at length the result of my de
iberations, and through the columns Of the
press, as it is a matter of vital importance to
the voters of the State, who, in casting their
ballots for third candidate for Congress,
might endanger their choice of the other
two.
In due time after the recent apportion-
pent of Members of Congress had been made
the following certificate was forwarded to
me from the proper Department.
DEPARTMENT OF THE INTERIOR,
WASHINGTON July 9, 1861
To His Excellency, John G. Downey, Co
verno of California |, Caleb B. Smith, sec
retary of the Interior, do hereby certify that
in discharge of the duty devolved on me 10y
the provisions Of an Act of Congress, approv-
ed May 23, 1850, entitled An Act providing
for the taking Of the seventh and subsequent
censnses of the United States. and to tiX the
number of the Members of the House of Re-
presentatives and provide for their future APP
pertinent among the several States" | have
apportioned the Representative of the Thirty
eight Congress among the several States as
provided for by said Act in the manner di>
rected by the twenty-titth section thereof
And do hereby further certify that the
State of California is entitled to three l3l
Members in the Honse of Representatives for
the Thirty-tight Congress- and until another
apportionment shall be made according to
law. In testimony whereof etc
CALEB b. SMITH
From the preceding certificate it is very
apparent that the apportonment made by
the Secretary of the Interior, under the cen
Gus of 1860, does not operate in changing the
the status of the present Congress. The first
regular session Of the Thirly-seventh Con-
gress commences on the first Monday in De-
eember next and the Thirty seventh Congress
expires on the Sd of March, 1863. 1t l.
needless to ask why eapportioument should
be aeld in allegiance until the Thirty eighth
Congress, since it operates equally upon all
the States, and seems to be in accordance
with the practice of the Government from
the year 1893, when the first aprortionmenl
went into effect, and has continued each
decade from that year to be renewed, each
upportionment being composed of FIVE Con-
gressional terms. Messrs. Latham and Me
Dougall took their seats in 1858, being the
first session of the Thirty-third Congress.
under the apportionment made by virtue of
the seventh census, taken in 1850; and thus
ten years and five Congressional te, ms inter-
vening, the members elected under the eighth
census will take their seats at the first session
of the Thirty eight Congress, 1868 In the
recent apportlORnent, the Secretary has but
followed the established preeedents And MS
the apportionment made by him will not be
changed, but is binding upon Con ress and
all the States, California will not be entitled
to a third Representative in Congress until
Ahe Thirty y-eighth Congress- or until the 4th
of March, 1863.
The argument that, because Congress has
levied n direct tax upon the States. based
upon the enumeration OF the census of 1860
therefore, representation in Congress must of
necessity be based upon the same census upon
the maxim that taxation cannot be imposed
on people without representation, does not
seem to me to be applicable in the present
case. California cannot claim that she is
unrepresented, or that her representation is
not based upon the same census as that of
other States
But | desire to call the attention of the
public to the following clauses in the thirty
fourth section Of our statute concerl ing
Elections y: "And if more persons are de
sgnated on any ticket for any Office than are
to be elected to such Office such part of the
ticket shall not be couHted for any of them.
AS California is entitled to but tho Repre-
sentatives for the Thirty-seventh Congress
slonal term, voting for three candidates for
Congress upon any ticket would invaldidate
the choice of the voter for any and all Of the
candidates on the ticket for that Office. And
IN pursuing such course, the will of the ma
Jonty Of the voters may be defeated, while
an Insignificant minority, by voting for but
'~o candidates for Congress, might succeed in
eleetlng men to that office whose views and
principles might be highly obnoxious to a
large majority of the people of the State-a
result which could but be deplored by all
,{ Who desire to have the popular will expressed
'hrough their ballots.
Very respectfully. your obt. servt,