Monday, April 9.
Apportionment of Representation.
Mr. Fisk said he rose to offer a resolution, which he had for some time wished to present for the consideration of this House. It is to provide for fixing the apportionment of the Representatives of the several States according to the third census. The last ratio was one Representative for every thirty-three thousand souls; which, gave one hundred and forty-two members to this House—a number as large as may be considered necessary for the despatch of legislation, or to preserve the liberties of the people. It is estimated that the next census will give seven millions two hundred thousand souls, which, according to the present ratio of representation, would give to this House two hundred and eighteen members—a greater number than could be accommodated within these walls, and a greater body of men than could progress with the business of the House.
After the census shall be taken, the amount in each State ascertained, and the fractional numbers known, it will be much more difficult to fix the ratio than at this time. I therefore beg leave to submit the following resolution. And as it embraces a subject of great importance, I have no objection that it lay on the table a few days for the consideration of the members:
Resolved, That the apportionment of Representatives amongst the several States, according to the third enumeration of the people, ought to be in the ratio of one Representative for every forty-five thousand persons in each State, and that a committee be appointed to bring in a bill accordingly.
A motion was made that the resolution lie on the table.
A motion was also made to postpone it for a week.
Mr. Pickman moved to postpone the further consideration of the resolution indefinitely. He thought the question could be decided to much greater advantage in the two first months of the next session of Congress than in the two weeks remaining of the present session.
Mr. Macon was against indefinite postponement. Every one, on reflection, must be satisfied that it would be better to decide the ratio of apportionment now than after the result of the census was known. He thought the resolution had better have been in blank as to the ratio. The ratio might be settled either by fixing the number of Representatives of whom the House should consist after the next census, or by fixing the number of souls which should entitle a district to a Representative.
Mr. Gold said, however desirable it might be at this time to fix the ratio, he doubted very much whether a decision would now settle the question. If a law were now to be passed, and there should be several large fractions on any given ratio, there would be a strong disposition to alter the ratio at the next session. He thought it would be expedient also to postpone the apportionment, because it might be affected by the proportion in which the population of the United States may have increased since the last census, which could not be ascertained till after the census.
Mr. Quincy said he understood the object of the resolution to be to settle a principle before the facts were ascertained. Now it was his opinion that the House should know the facts first and settle the principle afterwards. Suppose the principle to be adopted—perhaps one or two States might be entitled to but one Representative, which, had the ratio been fixed at forty thousand, might have been entitled to two. This would appear to operate unjustly. The House must know the facts in order fairly to apportion representation. The apportionment ought to be made not merely in relation to population, but to the weight of the different States in the Union—and these considerations could not have their due weight till after the relative numbers were ascertained.
Mr. W. Alston was in favor of deciding on the subject at this session. He had no fear of difficulty resulting from fractions remaining unrepresented. It would be recollected that at the last apportionment, Delaware had a fraction of thirty-one thousand left, and Carolina twenty-nine thousand. The small States could not object to the course proposed; for if this question was postponed till after the census, and a particular ratio should appear to suit the returns of the three large States, they would support it and carry it too, notwithstanding the large fractions it might leave to smaller States. A disadvantage would therefore result to the small States from postponement rather than from a decision now.
Mr. Fisk said there was one other reason why an apportionment should be made at this session, viz: that it would enable the State Legislatures at their ordinary winter sessions to divide the States into districts, and not subject them to the necessity of an extra session for the purpose.
Mr. Livermore was against indefinite postponement, because he was inclined to the opinion that the subject ought to be acted on at this session, but wished the resolution to lie on the table a day or two. He said he was convinced, from his experience in the manner of doing business in this House, that it would take nearly the whole of the next session of Congress to make the apportionment, if it was postponed till after the census was taken. He had rather the resolution had been blank as to the ratio.
Mr. Fisk modified his motion, so as to leave it blank as to the ratio.
Mr. Burwell thought that the present was the proper time to fix the proportion; because, after the respective numbers of each State were received, it would be in the power of the larger States to fix the ratio as they pleased, and at present none of the State jealousies could be brought into action, which would, when the returns were actually made. To get over the difficulty said to exist in settling a principle before the facts were known, it was only necessary to say that so many members should compose the House. If the population was smaller than expected, there would still be the number deemed proper to constitute the House; and if it was larger there would be no great increase of members, to the detriment of public business. Mr. B. said he was fully impressed with the necessity of acting on the subject at the present session. If postponed till the result of the census was known, and the particular interest of each member of the House became implicated in the decision of it, there would be extreme difficulty in coming to a decision.
Mr. Smilie said he could not conceive any objection to passing the resolution in its present shape. In this question there was an inconvenience on one side and evil on the other. It was an inconvenience that the House could not with precision ascertain the population of the United States; but, from the increase in times past, the increase for the last ten years might be estimated. The evil of postponement on the other hand was great. Mr. S. said he had been in Congress when the ratio of representation had been settled heretofore, and he had never seen a more difficult question—and it ended at last in a bargain between the members of the different States; and from these bargains no good could arise. He much preferred deciding on the subject at the present session.
Mr. Rhea of Tennessee was anxious that the subject should lie on the table a day or two, the more especially as there was such a disagreement of opinion as to the operation of the measure of fixing the ratio beforehand. Coming from a small State himself, he feared lest the principle should operate to the injury of the small States. He said he had been much surprised at the declaration of the gentleman from Pennsylvania, that the question would be decided eventually (if postponed) by individual interest. If on such a question the House was to be governed by individual interests, what was the nation to expect from them? This suggestion was another reason in his mind for the resolution's lying on the table.
Mr. Smilie had spoken of human nature as he found it, even in the gentleman from Tennessee as well as all others—a degree of self-concern always influenced individual conduct. Whoever had assisted at settling the representation of a State would conceive the difficulty of deciding these questions.
The motion for indefinite postponement was negatived, ayes 23. The motion to postpone to Monday shared the same fate, ayes 33. The motion to lie on the table was carried—53 to 41.