Mr. JOHNSON. A right, too. She had a right to tax. She is to judge herself whether she will execute the power; but the power necessarily involves the of the State. The State government must beoand the only mode of supporting it is through some form of taxation. E. was contended in the 2 cases to which I have referred that the State could not part with the taxing power. The answer which the Supreme Court gave, and the answer was satisfactory to the whole bench on each occasion, was, that the State could enter into a contract in relation to any subject which did not impair her sovereignty and take away her ability to hold an equal place among her sister States; and as she could do it in relation to the 2 subjects to which I have adverted after she came in, she could do it the moment of coming in. But my friend says they are not States. In one sense they are not States. That very amendment, however, deals with Nebraska as a State now. She is not in now. The bill upon your table deals with her, of course, as a State now. In the amendment and in the bill itself she is spoken of as a State, and yet she is not in. She is a State, having no control, however, over Congress, having no right to interfere with the authority which Congress is exerting through its power to regulate the public Territories of the U.S.; but she is a State in the sense of the clause which gives to Congress the power to admit her: because, I was about to say, it is an absurdity to suppose that Congress can admit as a State that which is not a State; at least I think so. Here is Nebraska. She says she is a State of the Union;aState that should be admitted into the Union. She has formed her constitution either under the authority of your enabling act, or she has formed it upon the authority which is implied from what has occurred over and over again in the admission of new States; that is to say, the authority to form a constitution without an antecedent enabling act. She has elected her Senators. Now my friend proposes to admit Nebraska. What will he do the moment Congress passes the bill for the admission of Nebraska? Will he make any objection to the swearing in of the 2 Senators who have been elected? Iam sure he will not; but yet they have not been elected, if he is right, by any State, and Senators can only be elected by a State. He persists in telling us and of course he is sincere in that opinion that they have been elected by a mere concourse of citizens who have no polit. ical power whatever, but are entirely subject to the territorial laws which they have passed under the authority of Congress, and which alone they were justified in passing; and in the laws which Congress have passed for the government of the Territory they have given to them no power to elect Senators. Now