Mr. HENDRICKS. When this bill was before the Senate on Friday I expressed the regret which I felt at making any opposition to the immediate admission of Nebraska as a State, because I said that my sympathies were with the border settlers, an . it were the desire of the people of Nebraska to come into the Union P should hesitate very much to oppose their desire, but that I felt very much relieved from my embarrassment by the consideration of the fact that of the 7, 776 people who voted upon the Constitution 3,838 voted against it, lacking but 50 of being 1/2 of the people who voted upon the subject. I also expressed my gratification at the liberality of the views expressed by the Senfrom Ohio [Mr. WADE] on this question views that I had not expected from him and judging from his opinions generally expressed on such questions. That Senator said, speaking of the amendment of the Senfrom Missouri, [Mr. Brows:]” “The pending amendment proposes to attach a condition to the admission of this State. I do not know whether you can do that. She ought to admitted, be if at all, on the same footing with all the other States. to this hour the regulation of the elective franchise has been regarded as a question. State It belongs, under the Constitution as it now stands, exclusively to the States of the Union. oye not proposed to take it away from any awe. Then, sir, after expressing some views in regard to the power of Congress over the southern States, in which I do not concur, the senator went on to say: “I do not know what right you have to say that a and Ine tbe allo t elective franchise as she 5.?" 0 regulate her The broad doctrine is here asserted that when a State is admitted into this Union she must be admitted on terms of equality with the other States: the broad doctrine of the equality of all the States in this Union. And, sir, when Nebraska is admitted I shall regard it as a precedent, after consideration of the question by the Senate, that a State of the Union is to be admitted to representation without reference to the character of her domestic institutions which do not affect her relations to the Federal government. In other words, I shall regard it as establishing the doctrine that the people of a Territory in forming their State government have a right to form it according to their own pleasure, subject only to the condition that the government shall be republican in form, and that when a State has a right to come here and to be represented she has a right to be represented without reference to the character of her domestic institutions or without complying with any conditions other than those required by the Constitution of the U.S. The Senfrom Ohio [Mr. SHERMAN] has expressed the opinion that we are committed to the admission of Nebraska by the enabling act passed in 1864, for he says that the people of Nebraska have complied with the required of them. In some respects the conditions of the enabling act have been agreed to in the constitution j. Nebraska has proposed for herself, but certainly the Senator did not wish to be understood as saying that the requirements of the enabling act have been complied with in the adoption of the constitution which is now presented to us. Why, sir, in no respect whatever has the enabling act been complied with. I understand the facts to be that the delegates were elected pursuant to the enabling act, that the delegates met in con; vention at the time required by that act, and that having thus met, so strong did they know the judgment of the people of the Territory to be against the formation of a State government and the adoption of a constitution, that they adjourned at once without making any constitution, without taking any steps in that direction. The popular opinion in Nebraska, was under stood to be so decidedly against the policy of forming a State government at the time the delegates met that they adjourned without agreeing upon any provisions of a State constitution whatever, and afterward, at what time I am not prepared to say, the Legislature of the Territory of Nebraska formed this constitution itself. This is not the work of a convention. This constitution was formed, as I understand, by the Legislature of Nebraska. I ask the Senfrom Ohio if that was within the spirit, or letter either, of the enabling act? Is it a legislative act to form a State government ai' to present here a State constitution? Certainly not. And when the territorial Legislature adopted a constitution that constitution was without legal authority or force; but I am free to say i. if the people of the Territory being of sufficient numbers had afterward agreed to that constitution in such manner and in such numbers as to satisfy us that it was the choice and desire of the people then the act of the people would give force an validity to such a constitution. It brings us not to the question whether this State ought to be admitted under the enabling act, but to the question whether the people of Nebraska have agreed to this State constitution. The Senfrom Ohio says that there are 85,000 people in Nebraska.