Mr. BUCKALEW. Mr. President, I discussed this bill upon its merits before the hol iday adjournment, and treated all the points which I think material with the exception of a single one upon which we have since obtained information. I am now satisfied that not only is this proposed State deficient in population; not only is this measure open to objection because it deals unequally with the Territories, admitting one with 50,000 population when we do not }.to admit o with 100,000, and still another with 120,000; but in addition, this constitution was rejected upon a fair vote of the qualified electors of the Territory of. Nebraska. The evidence for that opinion is furnished in a statement made by a large part of the members of the Legislature of that territory. They vouch for the facts, from which the conclusion is inevitable that this constitution was in point of fact rejected. Now, sir, within the limited period to which by common consent debate is limited on this bill, it will not be convenient, it will not even be possible for me to go over the whole field of inquiry upon this important and vital question. But it would be a very singular thing indeed, if a subject of this importance should undergo debate in the Senate for a very considerable fo of time and should be finally committed to the judgment of the country without one word upon this point which I have now mentioned. It is stated by the gentlemen of the Nebraska Legislature that at the Rock Bluffs precinct, in Cass county, there was a majority given against this constitution of 78 votes; that in Poll Creek precinct, in Merrick county, there was given against it a majority of 11 votes; and the returns for both these precincts were set aside by the county canvassers, so far as I can erceive, without any warrant of law whatever. the territorial act under which those boards proceeded the returns were to be made to them of the elections in the several precincts, and the simple duty charged upon them by the statute was that they jcount up those returns, declare results, issue certificates to candidates ele&ted, and make returns to the territorial officers named in the law; but without any authority whatever those officers charged with these duties set aside the 2 election returns which I have mentioned; and they set them aside upon no allegation of fraud nor for any other objection which was fundamental or material to the validity of those elections. They set aside the main one of Rock Bluffs, as I understand the case, on 2 grounds alone. The 1st was that the election officers had adjourned one hour during the election for the purpose of getting their dinners, and afterward, ater in the day, again one hour for the purpose of obtaining their suppers; but during those recesses the election.were in charge of 2 of the officers of the election. The other objection was that all the election papers were not certified by the election officers. They united them together in a single bundle, roll, or book, and certified the whole mass by one general certificate; whereas upon the construgtion which these canvassers gave to the law it was directory upon them that they should certify each paper separately. such objections, under election laws as they are understood in the various States, were not material. They were at most only irregularities, not affecting the validity of the election. In the smaller precinct of Poll Creek, the rejection of the return was for similar slight irregularities, and it was equally unwarranted and unjust. Then, sir, it is alleged that an Indian agent in the Territory, named Matthewson, holdin an appointment under this Government an who had been there only 4 months, not only voted himself, but polled the votes of 18 half breed Indians who were under his control. Here we have 19 illegal votes in favor of this constitution under which the State is to be admitted, if admitted at all. 6 months residence in the Territory is necessary to the right of voting, and the Indians or half breeds, of course, were not qualified electors. Then, as to the point discussed at the last session, relative to the voting of Iowa soldiers: their votes were cast at Fort Kearney, I be: lieve. At that election poll, which was opened for the 1st regiment P Nebraska volunteers, 134 votes were cast for the constitution and 24 against it. At that poll it is alleged that 40 of the soldiers who thus voted for the constitution were Iowa soldiers, who had never resided in Nebraska except for the purposes of the military service; and by the 5th section of the organic act of Nebraska Territory it is provided “that no soldier shall be allowed to vote or hold office in said Territory by reason of being in service therein;” so that there can be no question that these 40 votes also are to be deducted in coming to a proper conclusion upon the question whether this constitution was adopted by the people of Nebraska or ii. not several corrections amount to 148 votes. As there was reported in favor of the adoption of the constitution a majority of only 100, it follows, upon the making of these corrections, that the constitution was in fact rejected by a majority of 48. We are not concluded by the proceedings of the territorial officers, by the action of the boards of election, nor by the action of the county canvassers, through whose hands the returns passed. When these facts are called to our attention we are obliged to investigate them as far as the information in our power will enable us to do, and to determine the case as if no result had been certified to us by the officers of the Territory to whom the general returns were sent. Observe, sir, that election was not held under any act of Congress. It had no sanction of public law other than that of the territorial legislature itself; and under the regulations of the territorial law there was no authority to pervert and to change returns any more than to poll improper votes. But not only were illegal votes taken in the 2 cases mentioned, but the election returns were changed in an unauthorized and unjust manner by the boards of canvassers. I have called these facts distinctly to the attention of the Senate, in order that they may accompany the volume of our debates and enable those who examine our proceedings to judge whether the weight of the argument in this case is in behalf of or in opposition to the passage of the bill. I will state further, that the exhibit of facts from which I have quoted is signed by 5 members of the Senate and 16 members of the House or delegates of the Territory of Nebraska, constituting a very large part of the members of the Legislature. They certify and declare that, at the election in their Territory on the question of adopting or re3.this constitution, it was in fact rejected; that the actual and honest votes given by qualified citizens upon the question is represented by a majority of 48 votes against the constitution, instead of a majority of 100 votes in its favor.