Mr. WADB] who doubtless had before him the legislation of the Territory excluding the word “ white" from its electoral laws. Was not, then, this enabling act passed under a misapprehension? I do not say there was any purpose of deception. Did it not obtain the vote of my excel lent friendfrom Ohio and in own vote under the idea that by the laws of t iis Territor colored persons were not excluded from so rage? The enabling act, as I have already said, in reply to the Senfrom Kansas, expressly declares that “all persons qualified by law to vote for re Representatives to the General Assemblyof sai Territory at the date of the possage of this act shall be qualified to be elected, and they are hereby authorized to vote for and choose representatives to form a convention.” Between the introduction of the act and the date of its approval, the legislative body of this distant lerritory undertook to make this fundamental change in its electoral law; and in that respectI say that people fcll more than they fell in the fall of their population. Their population has diminished, but they certainly have deteriorated in political character, and they have not now the same noble elements of political life which they had when they 1st up cared as petitioners to be a State. ir, I might say something more on the question whether any power can be derived under this enabling act. I think however, that has been enough discussed. All must see that whatever may have been its original character, whatever powers may have own from it to the territorial government those have all been exhausted, and that act has practically expired; it isfunctus officio; it is a dead set, and this community is no more authorized to proceed under it than any other Territory is authorized to proceed under it. It is not in any respect applicable. It has ceased to have any legislative potentiality. Therefore, sir, whatever this people have undertaken to do they have done without any legislative net; they are a voluntary body proceeding by voluntary action, without any previous sanction of Congress, and all that they may do is submitted to the judgment of Congress which is in no respect bound or comromised in the least by any previous proceeding. We approach the question now as a new question, precisely as if there had been no enabling act, as ifthe name of Colorado, a pleasant name I trust it may be hereafter in these Halls, had never before found an echo here. The whole question is absolutely new from be ginning to end, and we must approach it under all the responsibilities of our position looking at it on the evidence, according to the facts, in order to determine whether now, at this moment, under these circumstances, we shall be justified in ceding to this community all these great powers. But, sir, there was one argument from the Senfrom Kansas [Mr. LANE] which was an a peal somewhat to us personally, to my exce lent friendfrom Ohio, to my excellent colleague, and to other Senators who had been here in other days, when Kansas was in danger, and in that “ Wellfoughten field We kept togetherin our chivalry. Sir, it is one of the prides of my life that at that time I was able to do something for the State which the Senator now represents on this floor. I did it sincerely, honestly, believing it my duty, at the time, because I saw well that that distant. community was in peril and it could only be saved by the intervention of Congress, the swift intervention of Congress, which would not brook delay. Therefore, sir, for the sake of peace, and as I would save a drowning man just sinking for the last time, I exerted myself in every way to invest Kansas with all the privileges and self protectin powers ofu State. The case was peculiar an excep iional; it was also historic. It is not a case which can be cited as a precedent on the present occasion. As well might you cite what you do to save a drowning man who is about to perish as a proper precedent for your conduct in daily life. The case of colorado is one which is to be met on the facts; it is not an exceptional case, it is a simple case. Meetit, therefore, on the facts and on its simplicity.,