Mr. HOWARD. And afterward, in pursuance of a territorial statute, submitted to the l voters of the Territory for ratification or rojecltion, and there was no formal popular convention. I believe such to be the state of the case. I do not conceive that this is any objection. The whole proceedin for the formation of the State constitution too place under and by the authority of the Territorial Legislature; they prescribed the rules of proceedmg; they sulr mitted the instrument which was the work of their own hands, and a very wise and excellent one I believe, to the consideration of the people, and the peOple adopted it as their form of government by a respectable majority. I am not able exactly to deny the utter of a territorial Legislature to pass an enabling act for the purpose of taking the sense of the people of the fern tory upon the question of forming a State government. I have too high a recedent before me to dispute the validity of psuch legislation. The people of my State, while afterritory, through their Territorial Legislature, passed a similar enabling act, and in 1835called a convention which framed a constitution of government which was afterward adopted by a vote of the people. I never heard it alleged there that this territorial statute was inva id, and that therefore if an elector at the polls had committed perjury he could not be punished for it under the subsequent State laws or under the territorial laws. Sir, I deny such a proposition. I insist that such an act of legislation by a territorial government calling an election and imposing penalties for the crime of perjury in voting upon such a question is a valid statute, and that the crime would be properly cognizable and punishable by the territorial court, or by the State court after the Territory should have changed its territorial condition and become a State; so that I do not admit that there is any validity whatever in the objection which is urged against this bill by the Senfrom Wisconsin, that there was no legal sanction, no legal protection in the holdin of the election for the ratification of the constitution. I think, sir, a voter who should swear falsely in getting in his vote under that territorial act would be justly, legally punishable. I have not any doubt of it, and I think you will find that the courts, if this question has ever been litigated there, will have held precisely in that way.