Year: 1867

eOhiNo w Ahb AfEHAo 0bA IlAANntEtr VI
States, irrespective OF their population
or fitness for such government, it is
submitted whether it would not be
well to devise such measures as will
bring the subject before the country
for consideration and decision.


This would seem to be evidently
wise, because, as has already been
stated, if it is right to admit Colorado
now there is no reason for the exclu-
rion of other Territories. /. is no an
swcr to these suggestions that an ena-
bling act was passed authorizing the
people Of Colorado TO take Action on
this subject. IL is well known that
that act was passed in consequence of
representations that the population
reached, according to some statments,
as high us eighty thousand, and 70
none less than fifty thousand, and was
growing with rapidity which, by the
time the admiss on 60 I'D BE- consumma-
ted, would secure population Of over
a hundred thousand.


These representations prove to have
been wholly fallacious, and, in addi-
tion, the people of the Territory, by a
deliberate vote, decided that they
would not assume the responsibility
of a State government. By that dc.
cision they entirely exhausted all pow
er that was conferred by the enabling
act, and there has been no step taken
since in relation TO the admission that
has had the slightest sanction or war
rant of law. The proceeding upon
which the present application is based
was in the utter absence of all law in
relation to it, and there is no evidence
that the votes on the question of the
formation Of State government bear
any relation whatever TO the scnti-
ment of the Territory The protest
Of the House of Representatives, pre-
viously quoted, is conclusive evidence
to the contrary.


But if none of these reasons existed
against this proposed enactment, the
bill itself besides being inconsistent in
its provisions in comforting power up
on u person unknown to the laws, and
who may have a legal existence, is so
framed as to render its execution al
most impossible. 1t is, indeed, ques-
ton whether il is not in itself Lulli-
ty. To say the least, it is OF exceed
ingly doubtful propriety to confer the
power proposed in the bill upon the
"Governor elect" for rs by its own
terms the Constitution is not to take
effect until after the admission of the
State, be, in the meantime, has no
more authority than any other pri-
vate citizen. But even supposing him
to be clothed with sufficient authority
to convene the Legislature, what con-
stitutes the estate legislature TO
which is to be referred the question
of hecondtions imposed by Congrcssl
Is it new body to be elected and
convened by proclamation Of the Gov
ernor elect, or is that body which met
more than n year ago under the pro-
visions of the State Constitution By
reference to the second section of the
schedule and eighteenth section of the
fourth article of the State Constitu-
ton, it will be seen that the term of
the members of the House Of Repre-
sentativcs and that of one-half Of the
members Of the Senate expired on the
first Monday of the present month.
/ 1t is clear that if there were no in
trinsie objections to the bill itself in
relation to the purposes to be accom-
plished 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 a period
and state OF facts entirely different
from the present and affairs as they
now exist, and if carried into effect
must necessarily lead into confusion.


Even if il were settled that the old
and not new body was to act, it
would be found impracticable to exc
cute the law, because n considerable
number Of the members, as | am in
formed, havo ceased TO be residents OF
the Territory, and in the sixty days
within which the Legislature is to be
convened after tho passage of the act
there would not be sufficient time to
ill the vacancies by new elections,
were there any authority under which
they could be held. 1t may not be
improper 10 add that, if the proceed
ings were all regular, and the result
to be obtained were desirable, simple
Justice to the people of tho Territory
would require longer period than
sixty days within which to obtain ac-
ton on the conditions proposed by the
third section of the bin.


There are, as it is well known, large
portions of the Territory with which
there is and can be no general COM
munication, there being several coun-
ties which, from November to May,
can only be reached by persons trav.
cling on foot, while with other regions
of the Territory, occupied by large
portion of the population, there isyory
little freedom of access. Thus if. the
bill should become a law, It would be
impracticablc TO obtain any expression
. of public sentiment in reference 10 its
provisions, with a view to enlight.
, en- the Legislature, if the old body
were called together, and, of course,
equally impracticablc to procure tho
election of a new body.


) This defect might have been rcme
, died by an cxtcntion Of the time and
submission of the question to the
, people, with full opportunity to ena-
bic them to express their sentiments
The admission of a new State ha:
| generally been regarded as an epoch
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