Prologue: Ask someone on the street why a census is taken in the United States every ten years. A common answer might be, “for taxes.” Several people might answer, “for reapportioning the seats of the U.S. House of Representatives.” Both answers would be correct. In Article I, Section 2, the Constitution of the United States says:
“Representatives and direct taxes shall be apportioned among the several states which may be included within this Union according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent ten years, in such manner as they shall by law direct.” NOTE: For the complete text of Article 1, Section 2, see www.census.gov/history/pdf/Article_1_Section_2.pdf.
Beginning in 1790, the United States of America became the first country in the world to call for regularly held censuses. Note that the Constitution did not treat everyone as equal. “Free persons” excluded Indians living on treaty land and who were exempt from paying taxes (or voting). “All other persons” meant slaves, who were counted as 3/5ths of a person for determining representation in Congress. This latter provision was to offset the large slave populations of states like Virginia and South Carolina, where, in 1790, slaves represented 39 and 43 percent of their population, respectively. In comparison, Connecticut and New Jersey had slave populations of 1.1 and 6.2 percent, respectively.
It may be overlooked by some that “direct taxes” were authorized in the Constitution of the United States. But, except for the national direct tax levied in 1797 to defray debts left over from the Revolutionary War, and the direct tax levied during the Civil War Era, Congress did not do it permanently until 1913, when personal income taxes were first levied directly on individuals.
The primary action of Article I, Section 2, was to authorize and carry out a national enumeration/census to be conducted every ten years. As in so many other areas of the U.S. Constitution, the wisdom of the document is revealed in how it simply states what must be done and leaves the details of carrying out a census to Congress “in such manner as they shall by law direct.” For every ten years since 1790, Congress has enacted a law specific to and authorizing a census to be taken. None of the laws is the same, and each specifies more information to be gathered than in the preceding census.
Forming a Representative Government
After every census taken in the U.S., Congress first decides how many total seats there will be in the U.S. House of Representatives, then divides that number into the figure for the total U.S. population. This determines how many persons one congressman will represent. By dividing that number into each state’s population, it can be determined how many U.S. representatives can come from each state. After each decennial census, it is the responsibility of the state legislatures to decide the new U.S. Congressional boundaries within their state, and to ensure that each area is equal to that portion of population for one U.S. representative. The exception to this rule applies to states whose entire population is less than one congressional allotment – all states must have at least one U.S. representative.
Actual Enumeration
Although the word “census” was not used in the Constitution, the phrase, “the actual enumeration shall be made,” was debated early in Congress, because one could say that it meant an “actual count” and nothing else. From the first census of 1790 forward, however, more information has been included than just the tally of persons; and each subsequent census has included more information than the previous one. For this, genealogists are very grateful. However, the language of the Constitution also stated that Congress should carry out the censuses “in such manner as they shall by law direct.” That provision established that Congress could broadly determine the content and manner of taking censuses, and that provision has never been challenged judicially.
Modern computer modeling and statistical sampling has proven to be extremely accurate – the tabulations done by the Census Bureau between census years are almost exclusively done by way computer models and sampling. But, in 1997 the Census Bureau proposed that the census for the year 2000 should be the first census ever taken that would not attempt an “actual enumeration” of every citizen. They wanted to collect a door-to-door count of up to 90 percent of the population, based on the typical return of census forms; then use statistical sampling to count the remaining 10 percent rather than continually go back time and time again to find the persons who did not return the forms. However, Congress denied permission for this statistical sampling proposal because of the constitutional provision for an actual enumeration.
NOTE: the GenealogyBlog article, Taking the Census in the Applegate Valley of Oregon, has details about a 1950 census taker being met by a shotgun from many of the resistant farmers in his district, and the Census Bureau’s method of dealing with such unresponsive citizens. See www.genealogyblog.com/?p=19385.
Census Accuracy
Census accuracy and under-counting has always been a matter of contention. Over the years, several major cities have sued Uncle Sam because the cities thought they were unfairly deprived of numbers, therefore, a loss of federal block grants based on population. In most cases, the courts have held that under-counting is an inherent part of taking a census, and no compensation or recounts were due.
Exceptions to this were in 1870, when the northern cities of Indianapolis, Philadelphia, and New York County were each granted a second enumeration. A few southern cities had also asked for a recount in 1870, without success. This may have been in keeping with the times; because after the Civil War, northern carpetbaggers were often used as census takers in the South. They were known to under-count their enumeration districts on purpose in an attempt to keep the political influence of the South less important in Congress. In 1880, the city of St. Louis was granted a second enumeration. All of these repeated enumerations in 1870 and 1880 are available as part of each state’s microfilmed & digitized censuses. In 1890, the city of New York was convinced that the federal census was so bad, they undertook a census of their own, today called the 1890 New York Police Census. That NYC name list is extant, microfilmed & digitized online. (The 1890 NYC federal census, however, was later lost due to a fire).
GenealogyBlog Articles Related to Censuses & Substitutes
Substitute Name Lists for the Lost 1890 Federal Census – Part 1: National & Alabama to Missouri, See www.genealogyblog.com/?p=41927.
Substitute Name Lists for the Lost 1890 Federal Census – Part 2: National & Montana to Wyoming, see www.genealogyblog.com/?p=41997.
Common Census Questions. Census Takers, Census Bureau, etc., see www.genealogyblog.com/?p=24480.
Are You Reading the Originals? Reading Federal Census Records, Census Copies, etc., see www.genealogyblog.com/?p=24002.
County Name Changes and Abolished Counties Reflected in the 1790-1920 Censuses, see www.genealogyblog.com/?p=21820.
Census Records and County Boundary Changes, when your ancestors appear to move from county to county, but actually the boundaries moved, not the people, see www.genealogyblog.com/?p=19203.
Census Mistakes. Things to consider when using census records, and areas where mistakes are prevalent, see www.genealogyblog.com/?p=18199.
Taking the Census in the Applegate Valley of Oregon. 1950 census taker met by shotgun, see www.genealogyblog.com/?p=19385.
The 1880 Census Short Forms & Where to Find Them. A list of 48 counties holding originals, see www.genealogyblog.com/?p=41858.