Year: 1859

for the then States until 1860. But an
! express provision is made that if after the
appOrtionment of representatives under
that or any subsequent census, new State
| or States shall be admitted, the represen-
tatiye or representatives assigned to such
new State or States shall be in addition
to the number of representatives limited
IN said law. Here then we have in this
law an express provision for admitting
States without regard to the rule adopted
for the then States. Since the enactment
of that law, Minnesota has come In with
two representatives, and Oregon with
one, the latter not pretending TO have the
number Contended for under the rule, and
without any official enumeration to ascer-
tain the population of either If, as is
said, the Territory must have ninety-three
thousand, how, we ask, is tbs fact to be
ascertained The federal constitution
only provides for taking the census once
in ten years. Suppose in 1860, by the
return Of the Marshal, it should appear
that Nebraska had a population of ninety
two thousand, would we be compelled to
wait until 1870, with a population of two
or three hundred thousand, before we
could come into the Union? And yet
there is no authority for taking the CEN
sus before 1870, and Congress can only
be legally informed of the population in
one way, to wit: through her sworn ofFic-
er, the Marshal. 1t is said that a special
law could be passed, we reply that Con-
gress refused it to Kansas, and would, to
be consistent, refuse it to Nebraska.-
the folly Of the rule.


But, it is said, admitting Territories
with less population is unjust to the other
States. Not, certainly, unjust to those
which have been admitted with less popu-
lation than we have, and they probably
embrace more than two thirds of the new
States. Have we not right, under this
constitution, to be admitted upon the same
terms, and upon an equal footing with
those that have preceded us? If so, how
can it be done, if a different rule is ap-
piled to Nebraska than has been applied
to Florida, Arkansas, Iowa, Oregon and
others Have not all the Territories, ex-
cept Arkansas, been admitted without re-
gard to population, and with population
equal to the only Territory which forms
an exception, to all former precedent, are
we to be excluded? If so, how is Neb-
raska to be ever admitted? If Congress
can require ninety-three thousand q for
tiori, it can require three hundred thous-
and, and Territories may struggle in vain
for half century to secure the blessings
of free government There is neither
sense, Justice nor humanity in the rule,
and it is beneath the dignity of grave
Senators, TO subject dependencies to such
burden, and equally beneath the dignity
of free and enlightened people, capable
of and entitled to self government to SUBJ
NIT to the oppression.


But we hold that by virtue of the treaty
with France in 1903, ceding to the gen
eral government the country now known
as Nebraska, we have a right to be ad-
mitted without regard to any definite po-
pulation. BY the second article of the
treaty it is provided that the inhabitants
of the Ceded Territory shall be incorporated
into the Union of the United States, and
ADMITTED AS SOON AS POSSIBLE, according
to the principles of the federal constitu-
ton, to all the rights, advantages and i'm
munities of citizens of the United States.
".Admitted as soon as possible" Does
this mean that whenever it shall suit the
whim or caprice of Congress When
ever the applying Territory shall bring
herself within some arbitrary rule? Has
Congress the power, under this solemn
treaty, which is next to the Constitution
in its binding form and obligation, to pre-
scribe terms which render admission I'M
possible; and in that way deprive us of
the right secured under the treaty2


Treaties are solemn Compacts, and
Congress has no more right to violate
them than it has the Constitution Of the
United States. If terms are to be allowed
where is to be the limit? If population
is to be affixed as one Of the terms, may
not Congress go further, and say that sla-
very shall forever exist in the new State,
as condition to coming into the Union?
What is to hinder? There is the same
constitutional authority for the one as for
the other. The word possible" in the
treaty, negatives in the most emphatic
manner, the possibility of such terms
The boon of self-government is secured to
the people who may inhabit the country
included within the purchase, so soon as
they desire 1t and can support State or
ganization, they themselves being the
judges.


Territorial governments are serious
evils, probably necessary, but should only
be tolerated as a necessity, and this ne
cessity ceases as soon as the people are
able TO form a government Of their own,
and not one moment beyond this should
they endure or submit to a deprivation Of
their civil or political rights. ".Admited
according TO the principles of the Federal
Constitution" In that solemn instrument
we find no arbitrary rule of population: !:
but all that is required of the new State
is that the Constitution shall be republi-
can. By what right has Congress to add
other conditions?


But again, suppose the rule of popula-
ton is applied. 1t would be unjust, be-
cause it would not be universal, anu
would not operate on all alike. Louisia-
ma, Arkansas, Iowa and Minnesota-all
included within the purchase Of France
have bpen admitted and IN neither case