Year: 1867




an enabling act was passed authorizing the
people Of Colorado to take action on this
subject. 1t is well known that act was
passed IN consequence Of representations
that the population reached. according TO
some statements, as high as eighty thou
sand, and to none less than City thousand,
and was growing with rapdity which, by
the time the admission could be consummaf.
ed. would secure a population Of over 4
hundred thousand. These representations
prove to have been wholly taIlacious and
in addition the people Of the Territory, by
a deliberate vote, decided that they would
not assume the responsibilities Of State
government.


By that decision they utterly exhausted
all power that was conferred by the en-
abling ac, and there has been no step taken
since in relation to the admission that has
had the slightest saoction or warrant of Law.
The proceeding upon which the present
application is based was in the utter abb
sence of all law in relation to it. and there
10 no evidence that the votes on the ques-
tion Of The formation OF State government
bear any relation whatever to the sentiment
Of the Territory. The protest Of the Houss
Of Representatives. previously quoted. ie
conclusive evidence 10 the contrary.


But it none of these reasons existed a.
gainst this proposed enactment, the bill
itself, besides being inconsistent in its pro-
visions in conferring power upon q person
unknown to The laws, and who may never
have legal existence, is so framed as to
render It's execution almost impossible. lie
is indeed a question whether it is not in
itself nullity. To say the least. it is ex.
ceedingly doubtful propriety to confer the
power proposed in this bill upon the " Gov
ernor elect;" for as, by its own terms, the
constitution is not to take effect until after
the admission Of the State, he in the mean
time has no more authority than any other
private citizen. But even supposing him
to be clothed with sufficient authority TO
convene the Legislature. what constitutes
the State Legislature" to which is to be
referred the submission Of the conditions
Imposed by Congressf Is il new body
10 be elected and convened by proclama.
tion of the " Governor elect" or .is. it that
body which met more than year ago un.
der the provisions OF the State constitu-
tion


By reference to the second section OF In e
schedule, and to the eighteenth section OF
the fourth article OF the State constitution, it
will be seen that the term of the members
Of the House of Representatives and that of
one half Of the members OF the Senate ex-
pired on the first Monday Of the present
month. Il is clear tina. il there were no
intrinsic objections to the bill itself in re.
lation to purposes TO be accomplished. this
objection would be fatal as il is, apparent
that the provisions Of the third section of
the bill to admit Colorado have reference
TO period aud state offacts entirely dif-
ferent from the present and Affairs 40 they
now exist, and IL carried into effect must
necessarily lead to confusion.


j Even il il weie settled that the old. and
not new body we're 10 act. IL wonld be
found impracticable TO execute the law, be-
cause a considerable. number Of the mem
bers, as am Informed. have ceased 10 be
residents Of the Territory, and in the sixty
days with which the Legislature is to be
convened after the passage Of the act, there
would not be sufficient time 10 Gill the va
cancies by new elections, we're there any
authority under which they could be held.
Il may not be improper to add that It
these proceedings were all regular. and the
result to be obtained were desirable. simple
justice to the people Of the Territory would
require longer period than sixty days with
! in which to obtain action on the conditions
proposed by the third section OF the BILL
There are, az is we'll known, large porticns
} Of the Territory with which there is and
, can be no general communication. there be-
ing several counties which, from Novembes
, 10 MAY. can only be reached by persons
!, travelling on loot. while with other regions
. Of the Territory occupied BY large Por-


ton Of the population there 10 very little