New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-21

tent. IDaC COululIttec uHS given u1OFc lIulC
and attention to the matter than we lave
given to it. They were allowed by the last
Legislature to take the whole of the inter-
vening time between tho two sessions for
their work, and, as a matter of course, |
suppose they have done So Az the result
of their labors, they have made this report,
and l think we should stand by it.
Mr.. Lynch: The Senator from Claiborne
is in error when be states that the bill re-
ported here is the bill reported by the joint
committee appointed by the respective
houses. That bill was perfectly s~atisfac-
tory to me; but it was an entirely different
bill from this. | am surprised that the
members of the Committee on ApportiOn-
ment should present such a report az wc
have before us. Now let US look into the
logic of the Senator for one moment. l
claim that i'll onc-haIf Of one Of the parishes
| represent the census was ignored entirely.
II Onc part of the parish was ignored, why
not the whole parish' If one parish is
Senatorial District! According to the
Senator's logic, we might have to set aside
the whole Of the Senatorial District, II We
might even have to lay aside the whole OF
the State.
claim thaAin parishes of the State where
no census was taken at all, we must avail
ourselves of tho best information we can
get as to the population of those parishes.
Mr.. Hunsaker: The senator from Clai-
borne seems to be very DESTROYS of conform
ing to the requirements of the constitution.
and so am L. but l stand here TO make an
assertion that is emphatically recognized
by every Senator on this hoOr-tIlat is, that
the census, as returned by the marshal. is
grossly inaccurate. In the parish of st.
James l know the censu returns are palpa-
bly, inaccurate. tMr. Hunsakcr here named
the figures OF the census and the figures of
the real population. neither Of which reach
ed the cars of the reporter. Bat, SIR, the
main question we should consider now is
this: VIZ stand here entirely locked; we can
not proceed with a resolution or a single bill
until this appOrtiOnment bill is passed.; and
l believe that the interests Of the people and
the State demand that We should adopt
this bill at once. We should not stand here
and cavll ut every triiling part of it. Every
Senator on this floor well knows that the
census returns by the Marshal are incor-
rect. In the parish of Tcnsas no return has
been made at all, and it is commended that
that parish can be deprived of its repre-
sentatiOn for that reason. 1t is equally as
unreasonable to say that the parish of St.
James. that has a voting population Of four
teen thousand. should nave but one Repre-
sentative. In presenting this substitute, l
have taken the ground that we cannot
comply with that section Of the cOnstitu-
ton which the gentleman from Claiborne
has read. because there have been no SUI.
ticient census returns upon which to base
our action In order to settle this matter
at once, | move the adoption Of the substi-
tute, and call for the previous question.
Mr.. Campbell: l wish merely to say a few
words OH this question. To adopt the old
a~pportionment would be in direct violation
of the constitution. as the Senator from
Claiborne says. 1t is true that if we pass
an apportionmcnt bill based upon the census
returns made by the United States Marshal,
it VIII certainly lead to grave errors: but. /
will call the attention of Senators to the fact
that this is a more matter of form. and that
after 1875. we can have a new apportion-
ment Of the State. The only way We can
get out of this at present. is to act upon this
apportionment bill. and endcayor to remedy
the matter hereafter in some way. 1t is
certainly absurd to apport:on this State ac-
cOrding to the census oflS50. For instance.
in this city, the apportionment gives us ten
and thirty Representatives. while
under the old apportionmcnt we would not
have near SO many. think it would be
wrong to make us come down to that.
MIR. Pierce: The gentleman from St.
James seems to be in 4 great hurry to get
his substitute through. l remember that
the same Senator stopped us from acting on
the original bill reported by this committee
until he had time to make Il minority re-
port. do not wish to hurry up this mat
tor. l merely wish to have it properly un-
derstOOd, and | therefore ask for delay. l
not favor either bill entirely: but it
to me that We should have Il fair
chance at this Important question. and not
AVE il craIrmcd deWu orr threats in this
way.
Mr.. Todd: Tins substitute vii. have to
be amended: for as it reads now the
Twelfth. Thirteenth and Fourteenth wards
in this city will be left without any repre-
sentation.
MI. Hunsaher remarked that that portion
of it could he amended when it came UP.
Mr. Blackman moved to lay the sub
Oh the table. and to take up the
bill and amend it wherever neccs-
Mr.. Ray: l have very earnestly med
til, subject. and have made five or six cal
culations i'll regard to it. l have probably
made more calculations on the subject than
any other Senator on the floor, and l have
arrived at the conclusion that the appor-
made in 1868, by the House of
and Senate. Is nearer right
than any other apportionment that can be
The appOrtionment reported by the
committee is based upon a hundred
fifteen Representatives, and the number
upon which the substitute is based is one
hundred and seven. being less than the ma
report calls for.
Now, after the careful investigation |
made of this matter. | am satisfied
hat we will never arrive at a more cquita-
Die and Just conclusion thar Wc would by
this substitute. 1t is conceded |
,y almost everybody that the census taken
II this State was very defective. | believe
hat in my W parish it was very detec-
i've; but do not complain of it. because
II any other apportionment that could be
made we would rave the same representa- |
ion that we have now. l believe. too. that
the basis of representation was reduced
o one hundred and seven representatives,
he same thing would be true of the parish
# Claiborne. The Legislature has the SUI
control over this matter. Our action
N the subject is not liable to investigation
" the courts. 1t is a political question
one which can not colnc
'cfoIe the courts. Our action upon it will
'e final. The legal presumption is that we
omply with the constitution. and there is
10 other branch of the government that
rill AVE any right to overhaul the bill that
re may pass on this subject. Now. con
that the Legislature has absolute
OntTOl over tho subject. and considering
hat it is conceded on all sides that il very
census has been taken. ] think
hat this substitute is about AS equitable an
as we could adopt. 1t is
rue that the constitution provides that We
hall apportion the representation upon the
Enumeration taken by the United States
in 1870; but we are all
that that enumeration is a
ono, and that it does not do Justice
D all the parishes of the State. We can
OF rectify these errors before 1875. when
% will have controkof il, and if the census
as not been taken properly. We can order
retaken under tho constitution. con