1st Session. SYPHER vs. ST. MARTIN. APRIL 6, 1869.-Laid on the table and ordered to be printed. No. 11. Mr. PAINE, from the Committee of Elections, made the following REPORT. The Committee of Elections, to whom was referred the case of J. H. Sypher vs. Louis St. Martin, from the 1st congressional district of the State of Louisiana, in obedience to the following resolution of the House of Representatives, adopted March 22, 1869– Resolved, That in all contested election cases referred to the Committee of Elections in which it shall be alleged by a party to the case, or a member of the House, that either claimant is unable to take the oath prescribed in the act approved July 2, 1862, entitled "An act to prescribe an oath of office, and for other purposes," it shall be the duty of the committee to ascertain whether such disability exists; and if such disability shall be found to exist, the committee shall so report to the House, and shall not further consider the claim of the person so disqualified without the further order of the House; and no compensation will be allowed by the House to any claimant who shall have been ineligible to the office of representative to Congress at the time of the election, and whose disability shall not have been removed by act of Congress- submit the following report: It was alleged in writing before the committee by said Sypher that said St. Martin could not take the oath prescribed in the act entitled "An act to prescribe an oath of office, and for other purposes," approved July 2, 1862. The committee thereupon, in obedience to said resolution, inquired into the said charge; and, have found and do report to the House that Louis St. Martin, claiming the right to represent the 1st congressional district of the State of Louisiana in this house, is unable to take the oath of office prescribed in the said act of July 2, 1862. 1st Session. JOHN B. RODGERS. APRIL 7, 1869.-Laid on the table and ordered to be printed. No. 12. Mr. HEATON, from the Committee on Elections, made the following REPORT. The Committee of Elections, to whom was referred the certificate of John B. Rodgers as a representative from the State of Tennessee in the 41st Congress, submit the following report : * * * * The Constitution, article 1, section 2, provides that "representatives * shall be apportioned among the several States which may be included within the Union, according to their respective numbers, which shall be determined by adding to the whole number of free per* three-fifths of all other persons." A decennial census is provided for, and the number of representatives limited "not to exceed one for every 30,000, but each State should have at least one." Beyond this the apportionment of representation among the several States devolves upon Congress to regulate by legislation. sons ACTION OF CONGRESS-PRECEDENTS. Until a census could be taken and an apportionment made accordingly, the number of representatives in the House was fixed at 65. By the first general apportionment act, April 14, 1792, ch. 23, the number was increased to 105, and the ratio of 33,000 adopted. The second, January 14, 1802, ch. 1, retained the ratio of 33,000, and increased the number still further to 141. The third, December 21, 1811, ch. 9, fixed the ratio at 35,000, and the number of representatives at 181. The fourth, March 7, 1822, ch. 10, increased the ratio to 40,000, and the number of representatives to 212. The fifth, May 22, 1832, ch. 91, advanced the ratio to 47,700, and the number of representatives to 240. The sixth, June 25, 1842, ch. 47, established the ratio at 70,680, and incorporated the novel principle of one additional representative for each State having a fraction greater than one moiety of the said ratio. This reduced the number of representatives to 223. Each of these acts followed the tak ing of the census and was based upon the results, and, though in terms of unlimited duration, was manifestly intended to continue in force but for ten years, until after the next succeeding census. The difficulty of this legislation had been found so great that it produced the act of May 23, 1850, ch. 11, for the taking of the seventh cen sus. This act fixed the number of representatives at 233, to be apportioned among the several States by the Secretary of the Interior, according to their respective populations as ascertained by the census, and was obviously designed to be permanent. Sections 25 and 26 of the act prescribe the method of apportionment, and after the taking of the seventh census in 1850 the representatives were so apportioned. These, it is believed, are all the general laws upon this subject, extending in their operation to all parts of the country, and ascertaining the numerical character of the House. From time to time special acts have been passed to meet the exigencies of particular cases, at the discretion of Congress. The act of February 25, 1791, ch. 9, gave two representatives each to Kentucky and Vermont, until there should be "an actual enumeration of the inhabitants of the United States." By the act of June 1, 1796, ch. 47, Tennessee was admitted to the Union, with one representative "until the next general census." The act of April 30, 1802, ch. 40, enabled Ohio to form a State and gives her one representative "until the next general census." The act of April 8, 1812, ch. 50, admitting Louisiana, gives her one representative "until the next general census." The act of April 19, 1816, ch. 57, enables Indiana to form a State government, and until the next general census entitles her to one representative. She was admitted to the Union by joint resolution December 11, 1816. A similar act was passed for Mississippi, March 1, 1817, ch. 33, and a similar joint resolution December 10, 1817; also for Illinois, April 18, 1818, ch. 67, and December 3, 1818; and for Alabama, March 2, 1819, ch. 47, and December 14, 1819. The act of April 7, 1820, ch. 39, reduced the number of representatives in the 17th Congress from the State of Massachusetts to 13, and gave the remaining seven to the recently formed State of Maine. The general apportionment act of March 7, 1822, gave to Alabama two representatives. The following year a special act, January 14, 1823, ch. 2, gave her an additional member upon fuller information as to the num ber of her inhabitants. The act of March 6, 1820, ch. 22, enables Missouri to form a State government with one representative until the "next general census." She was admitted to the Union by joint resolution, March 2, 1821. The act of June 15, 1836, ch. 100, admitted Arkansas to the Union with one representative "until the next general census." The legislation by which Michigan was admitted to the Union was attended with much difficulty. It will be found in the acts of June 15, 1836, ch. 99, of June 23, 1836, ch. 121, and of January 26, 1837, ch. 6, and its difficulties are illustrated by the debates of the two houses. In the present purpose it is deemed sufficient to refer to section three of the act of June 15, 1836, which provides that as soon as the people of Michigan should have complied with certain fundamental conditions the President should announce the same by proclamation; and thereupon, without further action of Congress, "the senators and representatives who have been elected by the said State" should be entitled to take their seats without further delay; nothing appearing in the statutes to indicate the number of representatives. The act of March 3, 1845, ch. 48, for the admission to the Union of Iowa and Florida, provides that "until the next census and apportionment" each State be entitled to one representative. Iowa was not, in fact, admitted under this act and not until near the close of the following year, act of December 28, 1846, ch. 1; but no further provision was made for her representation. The joint resolution of December 29, 1845, ch. 1, admits Texas to the Union with two representatives until the next apportionment. The act of August 6, 1846, ch. 89, enables the people of Wisconsin to form a State government, with two representatives "until another census" and apportionment. The act of September 9, 1850, ch. 50, admits California to the Union, with two representatives, until the next apportionment. Before that |