Mr. DOOLITTLE. It seems from that cer tificate that the election was not held under the enabling act. The enabling act provided for the choosing of a convention under such rules as the Governor should prescribe. It did not provide that the Legislative Assembly of Nebraska should submit a constitution to the people, but that, a convention chosen under the act of Congress should submit a constitution, and that election should determine the question whether the people adepted the constitution or not. The difficulty in a case like this is that where a constitution is formed in this irregular way, without any authority of Congress, the election held is a mere voluntary affair altogether out side of the law; and if frauds are committed, if false voting is perpetrated, or if perjur is committed at the polls, no man can be punishedanywhere than if it was a mere political meeting. It is like holding a caucus. It is more formal, to be sure, when they undertake to submit it under the authority of the Legislature of the Territory; but the honorable Senfrom Ohio will not contend that any man could be convicted for perjury for swearing falsely at such an election; no man could be punished for filling the ballot boxes improp erly. And why ‘1 Because the Legislature of the Territory had no power to order any such election until they were 1st authorized by Congress to do so, because in Congress under the Constitution is the legislative power which controls this matter. It is not in the Territory, because we have not delegated to the Territo any such poweras that. In this point of view it is a material circumstance that the majority was only 100. With such a small majority at an election where there was no law to prevent frauds bein perpetrated, how can we say and feel assure that the people of the Territory of Nebraska have shown that they want a State organization? Mr. President, I was anxious to learn what the fact was on that subject, whether they had proceeded under the enabling act or whether they had proceeded under some voluntary act of the legislative Assembly, and it seems they proceeds without the authority of the enabling act, under the voluntary act of the Assembly. I sug est to the honorable Senfrom Indianais motion is to refer this bill back to the ComJudiciary to inquirethat he make a different motion. In reference to the admission of Territories as States into the Union, I never have known in the history of the Senate that such a question was ever referred to any other committee than the ComTerritor; and, therefore, I hope the honorable Senator will change his motion. I do not believe it should be taken from the ComTerritor to be sent to the ComJudiciary, because the ComTerritor have always had the consideration.