Mr. FESSENDEN. I should like to ask my friendfrom Vermont a question. He knows very well that I agree with him in not only what he has been saying, but with reference to the leading idea of his amendment. I wish, however, to ask him a question to resolve a doubt of mine, a difficulty in my own mind. His proposition to say that this State, if it comes in, shall only come with this fundamental provision that they shall do so and so, is, to a certain extent, overruling their constitution. They come here with a constitution; that provision is not in it; something is in it entirely at war with that provision. Now he says: “You may come in as a State, but when you come as a State, that provision of your constitution shall be of no effect whatever; we so provide, and you must so understand it.” I agree with him that if, after that, they, by any action which can be called State action, agree to it and say that it is satisfactory to them so to come in, it will have all the binding force of law; but the Senator will see that he cannot compel a State to come into the Union with any provision that they have not adopted. The question therefore is, in the peculiar circumstances of this case, what will be effected? If Nebraska had not already elected its Sena. tors and its Representatives under the Constitution, but was to act upon that subject, and we should provide that they might become a part of the Union but with this fundamental condition, and they should then elect Sens&Reps and send them here to their seats, that, undoubtedly, would be considered an adoption of it; they would agree to the condition; they would agree to what we impose upon them. But, aIs understand it, they have already elected Senators and a representative. The practice of electing Sens&Reps before a State is admitted is a very bad one, and it ought not to be countenanced; but they have done so. Now, suppose we pass this bill with the Senator's amendment, and thereupon, as soon as it is passed, without the question going back to Nebraska in any shape, to the Legislature or the people in any way whatever, these gentlemen choose to take the oaths and take their seats; have they any power to agree to this condition which is imposed upon them? May not the people of .turn around and say, “We do not choose to come in under those circumstances, and this action of these gentlemen whom we elected under a different provision does not bind us at all?” Is there, in other words, that kind of action, that kind of adoption of what may be called an amended constitution, that would be held, under those circumstances, as a sufficient adoption of it to make it binding in its effect upon the State? Otherwise, if not, we have imposed this con: dition and we have admitted Sens&Reps from that State, and they have taken their seats, and there is no action whatever, express or implied, on the part of the State that they accede to the condition thus imposed. I state this to my friend in order that he may be able to dissipate, as he undoubtedly will, any doubt I may have on the subject owing to the peculiar circumstances of the State itself as now represented here, or attempted to be.