The New York herald., 1870-01-18

Ol banking AMI currency 70 I0pOrC U DAi CdTrylns
into effect those principles; also dIsapproving the
policy OF The secretary or the Treasury IN purchas-
Ing nve-twenty bonds premium, the right Of tne
lawful money being clear and unquestlonable.
The House refused 70 second the previous question
Dy vote OF 80 TO 10, and the resolution went over
BY Mr. JuDD. trepl OF m.-Donat,ng cannon to be
placed around soldiers lot In Rose Hill cemetery
BY Mr. IsGERsoLL, trep.) OF Il.--Calng on the
secretary OF the Treasury for statement of the
December, 1858, ana the aggregate amount OF cur
rency IN circulation then aud now Adopted.
mtee on Rules g into tne esssasncy Of
designating one DAY In each month for the business
OF The District OF Columbia. Adopted.
ny Mr.. BUFFIETON, Fep) OF Mass.-Calling on
the Secretary OF the Treasury for report a. to the
necessity OF establishing gnts marx tue piers Of
BY Mr. Cox, Idem.) OF N. T.-Gonstituting eight
nours days labor for all lab0rers, workmen aud
mechanics In the government employ. Referred.
BY Mr. NEaLRY, trep) OF Pa-Cailing on the Sec
retary Of the Navy FOR the names OF the navy pay
ma masters VINO nave been reported as deiauters, with
tue amount OF the defaicati0ns, since March, 1862
Adopted.
BY Mr.. Ella, (rep.) OF N. H-Caling on the Secre-
for compensation for the use OF the Fort Craig
Military Reservation, New Mexico. Adopted.
by Mr. FERRY. lrep.) OF Mich.-Callin9 on the Sec
rctary oi War for information as to the harbor Of
Black Lake, Michigan. Adopted
by Mr SARGENT rep.l OF CaL-Calling on The
secretary OF the Treasury for information aS 10 the
fur see isher1es OF Alaska. Adopted.
BY Mr.. MCNEELy, (dem.) OF nl.--Instructng the
Committee on Banking and Currency 10 report Dill
providing ior Withdrawing from circulation The
NATIONAL bank currency ana substituting greenbacks
Mr. Cox remarked that the committee was now
considering that subject.
Mr.. GARFIELD, (rep.) OF Ohio said that II The CON-
mlttee were simply instructed to inquire INTO the
expedlency OF dong this he would have no election.
Mr.. MoNEELy insisted upon q vote on his resoiu-
ton as II was
Mr.. GARFIELD said -"very well. We will give you
vote.n
The House refused to suspend the rules by 81 to
ll3, and the resolution was not received.
ArroRrIoNMENr or OBSERVATION-DISCLOSURES or
MR.. JUDD, OF ILLINOIS.
Thc House then TOOK up the bill introduced by Mr..
JUDD TO apportton the representation OF the several
STATES In the House OF Representatives ior the Forty
Mr.. JUDD addressed the House on the question OF
the apportonment under the next census. He said
that believing IN the Justice Of that clause OF the
constitution which says representatives shall be
apportfoncd among the several states which may be
included Within the Union according to their re-
spectlve numbers OF representative population, he
was Tor applying tins constitutional provision as
soon as IN legal and constitutional mode inequality
making power. To that end, while the Census Dill
was pending and under discussion, he had prepared
q series OF amendments TO those sections or the
bill relating to apportionment the eject OF which,
had they been incorporated INTO that bill.
would have been to extend the benefit OF equal
representation TO the Congress II by the
census returns TO be made before the s day OF July
such inequality should be made apparent. Section
two or the constitution directed positively that re-
presentation should be app0rtOned according 10
numbers. Was this TO be done only once IN ten
yearsa decadcs Tnerc was no Congressional tenure
Of ONCE for ten years nor there any provision
for series OF terms whose limit should be years.
or decade. The trainers OF the constitution were
not satisfied with that general direction. They
knew how roor human nature. once invested WITH
power, diskes to yield II, and that this feeling
might pervade sections OF the country, and that by
one preJence or another those in possession would
remain there as long as any quibble would excuse It,
and hence positive provision that there should be
m enumeration within every ten years. 1t did not
provlde against any more frequent enumeratIons
but It said tnat .wlthin" every ten years there
shall be one." This was compulsory {; but there was
no constitutional Requirements that apportlonment
shAll be made only once IN ten years. lhe plain
ana clear intent OF the law that as soon as tho
census returns are made an appOrtionment Snail
follow. Nor was there any constitutional provl-
sons which requires Congress, after t has IN legal
form ascertained The number Of Inhabitants to
the apportionmeni. Itney failed to give the people
the benefit VI tho enumeration in the Forty second
Congress 1t was postponement for TWO years and
why not, II 1t please an Interested majority post
pone u lor four yearsf Was there any doubt about
their duty In the premisesS
The moment that Congress shall be informed in
accordance with tae forms OF law OF the inequality
Of representation the provision OF the constitution
made II the duty OF Congress to make the apporton-
So that II the returns were made by the lgt
OF July, provided for the Census bill there WAS
nothing mpractlcable In carrying the spirit OF
the constitution and allowing the states representa-
tion In accordance Win the number OF Inhabitants
as shown py that census.
Mr. JUDD then proceeded TO examine and review
the usage and practice under the constitutional pro-
act orl772 10 The last apportionment OF 1850 ana
ne argued therefrOm tina: the power conferred
by the present Dill on the Secretary or the Interior
was no eXperiment-nO new thing. 1t had been
adopted IN the law Of 1850 and during ali the de.
bate that occurred on that bill there mad been no
member or Senator wise enough TO discover that the
constitutional power OF Congress was being in
vaded by that delegation OF power to Secretary
H there was constitutional objection TO lt then or
course, Its proposers would abandon it, aud there
was no occasion ior discussing any case OF expedl
ency THIS was not delegation OF Legislative power;
UVa nlntV IN
little had there been, not only OF toe constitution
ality Of comforting that power upon the
expedlency having the apportontment made by the
Secretary, that IN the act supplementary the Gen.
sus law, passed July 49, 1852, the secretary IS dl.
rected "fOrthwIthn 10 apporton among the several
States two hundred and thlrty-three members. The
House would Dear IN mind upat II the census bill be.
came law the enumeration would be completed
aud returDed Dy the LIST day Of July next rue bill
under consideration in its first section provided
Tor the number Of members TO pe elected and WAC
shall compose the House OF Representatives from
and after the sd day OF March 1871, which viii con-
suute the Forty second Congress. lie mad lett blank
Tor the number of members, and would b0 satisfied
with whatever the House might determAe, only ex-
pressing tue opinion that less number tnan three
popular branch OF the legislative body would not
bring the representative near enough to his con-
suen1 inc % ne y 80 brought ae greater s
fidelity; the larger tho number the less the danger
from undue influence from without. The trainers OF
the constitution had their fears OF undue influence
from the executive branch Of the government.
The immense growth Of patronage was OF ali
causes the most Daneful IN Its influence upon
our institutions He feared the erect Of that
influence upon small number OF representa-
ives. HIS theory for the security OF our
institutions was in the immediate responsibility OF
the persons entrusted with power to the peope-the
source OF all power. The Senator had term OF six
years, the President four, and the Representative
stood face to face with his constituents by the ter
nlination Of his Office every two years. Tyranny
ana usurpaton did not spring from such tenure OF
oilce Those only entrenched in long Official term
did ana dared evil The second seclon provided
that the Superintendent Of the Census shall report
the representative enumeration TO the Secretary OF
the Interior or before tue 15th OF August next.
He believed that That time might be shortened with
perfect safety. The fourth section required the
Secretary Of the Interior to transmit to the
Governors OF the respective States an Official
certificate OF the apposuonment o or before the
10th day OF September. II was said that there was
not time enough Tor the States to make the necessary
regulations for the purpose OF carrying out tins act
That question for each State to determine for
ITSELF IL Is sufficient for Congress, and II would
have fully discharged It's duty wnen it had passed
such laws az will enable the STATES to act. Let Con.
gress perform Its duty and make provision Tor
distribution OF Representatives under the provisions
of the constitution and the census taken under it.