New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-21
NEW ORLEANS REPUBLICAN, SATURDAY, JANUARY 81, 1871

ment. If that census DO incorrect. the con-
stitutiOn does not authorize the Legislature
tOfgnore it: but it requires that the census
shall he rotaken in 1875 wherever it has
not boon properly taken. There must be a
census taken. and the Legislature must act
upon it; we ann act upon anything else.
The constitution provides that until 1873
the Legislature must be controlled by the
census taken by the United States govern
ment in 1870. Now, if this census has been
taken, we are bound, under the imperative
requirements of the constitution, to be gov
erned by it.
If it has not been taken, why we need
make no apportionment ut all. We must
either make the appOrtiOnment according to
the census of 1870, or we must not make any
from Ouachita has said hat anything we
may pass on this subject can not be possibly
drawn up before the courts but I believe
that we will be accountable to the people for
our acts: and we have all taken an oath to
support the constitution. l hold that We
ought to be governed by it that we should
try to make an apportionmcnt according to
the census returns Of 1870, Or to conclude
that there has not been a census taken, and
make no appOrtiOnment at all. As to this
being u political question before which the
constitution and all law must yield, l have
nothing to say. As the gentleman is IA mem
Der of the party Of great moral IDEAS" l
shall not discuss that point with him.
Mr.. Pinchback: l am very glad to see the
drift that the argument OH this bill has
taken. 1t seems to me that we are nearing
the time when the halcyon days l have
read about are coming when congrega-
tons ne'er break up, and Sabbaths have no
end" Certain gentlemen on this floor are
speaking of tho constitution. and say they
now think proper to stand by that instru-
ment. This is u time l have been looking
for Il long time. Hereafter we can do away
with political parties, as there will be no ne
cessity for them, because We will all recO.-
nize the great truths laid down in this great
Magma Charta of Louisiana. Coming down,
however, to practical talk, l hope that my
motion will prevail, because l believe there
are little defects in this bill, the changing
of which viii! not alter its spirit. and which
will do justice to all the parishes of the
State.
Mr.. Lewis: Senators say that this sub
stitute would do them injustice. because
the population of their districts is mach
greater now than it was under the old
appOrtionment. But still, if there are Il
number of parishes in the State in which
the census has not been taken, it may be
possible that if it had been taken their
population would he increased in an equal
ratio, and the ~nsequen would be that
instead of twenty thousand inhabitants
composing a Senatorial district. it might be
necessary to make the number forty thou
sand. Under no consideration will the
State be represented by more than thirty
six Senators. and the consequence is that
the whole population of the State must
always be divided by thirty-s;x in order to
get the proper representation in the Senate.
In a number of the parishes of this State
the census has not been taken at all, and
in n great many Others it was taken SO iIn-
perfectly as to bear the impress Of talsitv
upon its face.
1t ia true that the constitution requires
that the apportiOnment shall be made ac-
cOrding to the census. but the constitution
does not say that it is absolutely necessary
that tho old ~apportionment shall be
changed. | think that if the census OF the
State was fully and fairly taken. even then
there would be no better rule by which We
could be guided than the a~pportionment of
1863. l contend that the constitution does
not compel us to change the old apportion-
ment. | take it that the adoption OF the
old appOrtionment is Il re-apPortionlnent OF
tho State, even if You do not vary from it
i'll a single iota.
The motion of Mr.. P!nchbuck to take up
the substitute section by section was then
carried.
Mr.. BlackmaA: l would like to have one
question settled before we proceed, any
further. Are We to proceed under the cen
sus of 1870, are or We not! 1t we are to
proceed according to the census returns Of
1870. cannot proceed in the deliberation of
this question unless l have the census ie-
turns before me. | want to see the returns;
aud l would ask. before We go one step
further. 10 have them printed and laid on
our desks.
Mr.. Wilcox: I will state that the com
mittce met and have made their report,
which is before YOU and a bill has been
offered by the committee. If the Senator
from Claiborne will read the bill and the
repor. he will then know what the con-
mittee has based that report upon. The
official return OF the United States Marshal
turn the whole population of the State
was 11S,S60. The comma tee have fixed
upon ll5 as the number OF Representatives
in the House, which would give one Repre-
sentative to about 6ti!6 inhabitants. l
believe that the committee nave acted us
fairly and justly on this subject as any
committee possibly could. We have de-
liberated upon it fully, and have come to
this conclusion. There are fifteen parishes
in the State whose population we found to
be less than was required for a Representa-
tive District. OF course We were compelled
to give those parishes one Representative.
according to the constitution. Then, takin.
the population of these fifteen parishes.
is 6S.So3. from the total population.
We had a remainder of GJ9,9S7; which. ac
cording to the basis we started out upon,
would give us eighty-five Representatives.
from the country parishes and thirty from
the city.
The committee found it impossible to come !
to any other conclusion than this. We could
not arrange the matter 80 that all sections |
and all parishes of the State should nave a |
fair and equal representation upon any
other basis than this.
l believe that the report Of the minority
be adopted. l will be satisfied with
it, although II it would hardly be Just to my |
own parish. because. in this new apportion-
Inent, we are entitled to two Representa-
tives. and under the old apportiOnment we
ire entitled to but one: SO that it is evident
that the adoption of this substitute will do
H. Justice to my W parish.
The Senate then adjournud.
DEBATES OF THE HOUSE.
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