Mr. DOOLITTLE. Mr. President, there are certain facts in relation to the Territory of Colorado which do not exist to the same extent in relation to the Territory of Nebraska; and the facts to which I should like to call the attention of the Senate, if it were possible to get it, are those facts which bear upon the population of Colorado and which bear upon the question of whether the population of orado do or do not desire to assume the bur dens of a State government. I shall not go over the ground, nor repeat what was said by me when the bill for the admission of Colorado was before the Senate on another occasion. The facts which I then stated I believe to be true; but I have some further additional facts and testimony bearing on those 2 questions, testimony which comes from an official source; testimony which it seems to me every Senator in his place here is bound to regard at least with respect, though he may not concur entirely in the opinions which are expressed. I refer to the statement of the Governor of Colorado made on the 13th of the last month, of December, in his message to the Legislature of Colorado, a copy of which I have now before me. The Governor of colorado states that “It would be idle to attempt to concealthe fact that there are 2 parties to this issuo in the Territory, although strenuous effortshave been made to create the impression abroad that the people were united on the question, But here, where the evidence is readily attainable, it would be equaliyidie to deny that the party desiring a State government forms a very small portion of the population, and is represented by those who seekFo aggrandizement and Place at the expense of the welfare oftory. the Terri 4. &: 4. k & “It may not be amiss to give a brief history of quotion this from the beginning. Congress, in 1864, passed a law to enablethe people to form a State government if they desired to do so. After a very thorough discussion of the subject, they decided that it was inexpedient to adopt a State goverminent. “This seemed to closethe question: the powerunder the act of Congress, being completely exhausted: men to effect, if possible, a reconsideration of decision. this A convention was called in which only 11 counties out of 17 were ro. By this convention a constitution was framed, which it is pretended was adopted by a majority of 155. There was no law governing this vote and no restraints whatever surrounded the proceedings, and the socalled vote wasno indication of the sentiment of the fo “The Legislature at its last session, feeling the wrong that was attempted to be put upon them by forcing a State government on the people under the representation that therewas a population numbering between50 and 60,000 to bear the expenses authorized a census to be taken by the assessors o the different counties, paying them a compensation per capita of work to be dosnixe cinenctosnfonreectvieornywniathmethreetuarnnneuda, ltahes sessments. Returns have been received from the following counties, namely: Gilpin 6, 847 Jefferson. 1, 782 Conejos Fremont. Summit.. 456 552 565 Arapahoo. 4, 145 Douglas 542 Weld. 1, 192 Pueblo 890 Amounting to. 24, 331 “These returns all show upon their face marked evidence of the care with which the work has been done and the population enumerated, and their accu racy is acquiesced in by every portion oftory the Terri with the exception of a single county, and of the correctnessof that one there is no reason to doubt. “From the following counties no returns have been received, and the population is estimated by persons conversant with the condition of the counties, including members of the Legislature representing them, namely: Larimer 600 Clear Creek 1,500 Huerfano Making an aggregate of 27, 931. “This result, will doubtless produce great disappointment in the public mind because of the studied effort to create the impression that the population portion ucohf th large orm, maultnhiotuy ght, htohsee wphruodheanvte, the intkaing to pay and the burden of the government to sustain felt assured all the while that the effort was a merely selfish one to support the ambitious schemes of signing demen. The exaggerations of the population has been but a small portion of by which they sought them is representation to accomplish their purpose. “The fact that the is small does us no harm; the truth never does injury: it is only the perversion that does mischief.' 4. “Since the adjournment of the last Legislative Assembly I have traversed almost the entire area. of the Territory, mingling freely with every portion of its citizens, amongthe miners and, in the agricult ural districts, and I am convinced that at least 2/3rds of the people are adverse to the formation of a State government. In whole sectionsthe entire population are opposed to it with scarcely a dissenting voice, while in no portion is there any considerable degree of unanimity in its favor. If this opinior is doubted its accuracy can be easily ascertained by affording the people a fair opportunity to speak for themselves. “If Congress desires the admission of the State, and the foof the Territory wish it, the admission can be consummated at the next session with equal advantage to every interest that could be obtained by admitting it now.” Now, Mr. President, I have read at some little length the statement made by the governor of Colorado as to a census which was taken under a law of the last Legislative assembly of that Territory requiring the assessors to take an enumeration of the population, and by that enumeration all told there are but 27,000 inhabitants in this territory of Colorado. There is not a dollar in the treasury. The people are not in a condition to bear the burdens of a State government; they will of necessity be involved in debt; and if it is admitted into the Union the scrip of this new State within one year from this date will be selling at less than 50 cents on the dollar beyond all question, and the people burdened with a taxation they cannot well bear. Mr. President, when such are the facts why is it that the admission of this Territory as a State should be so pressed upon the Senate of the U.S.? The Senfrom Ohio but in 1865 a movement was made by a few aspiring: [Mr. WADE] has over and over again declared the real purpose of bringing this Territory in as a State, although he himself, in the beginning of the discussion, and before the political neces sities had pressed upon him as they have been oupon him of late, in an argument which e has not answered and which has not been and cannot be answered, showed conclusively that this Territory of Colorado was in no condition to be admitted as a State into the Union. But, sir, there are other reasons, pressing rea: sons, reasons of political necessity he would have us understand. It is necessary to reen force a majority of 3/4ths in this body by the admission of new members from the new State of Colorado, and that is the reason why this is to be pressed. Sir, I should not speak of this if the honorable Senator had not over and over again avowed that his purpose was to bring in reenforcements; and this is the great anxiety which he has for the passage of this bill. Sir, it is a new argument in the Senate of the U.S. to press upon the Senate what their judgment does not approve, from considerations of political necessity, to strengthen a party or for any political purpose whatever. And, Mr. President, a new style of argument has arisen, too, in reference to constitutional questions, which I never heard before, to wit: that the Senate are called upon to vote in favor of measures conceded to be unconstitutional because it is said being unconstitutional they are perfectly nugatory. Of course I will not assume to judge for other persons; but I do not see how it is possible for me to consent to vote for a proposition which I believe to Hot be because its being unconstitutional will make it nugatory and of no account. It is in vain to say that if we vote for an unconstitutional law it is null and void, and therefore it may be disregarded by the people who are to be affected by it, or it may be over ruled by the judgment of the Supreme Court or any other tribunal. That does not excuse us in my judgment. I do not know but that others can see their way clear to excuse this matter to their own consciences in view of the oath they have taken to support the Constitution of the U.S.; but I cannot see how I can vote for a proposition which violates the Constitution when I have sworn to defend it. It seems to me that it is illogical, it is preposterous; and I for one cannot reconcile it with my sense of the obligations which I owe to the oath that I have taken. Now, Mr. President, I shall not go over the argument as to the proposed amendment to show its unconstitutionality, and that with the exception of perhaps 2 or 3 gentlemen who have expressed their opinion upon this subject it is conceded to be unconstitutional. If congress has this power on the admission of a new State to propose by an ordinance or a law perpetually . forever upon the State that the State shall make no distinction between its citizens on the ground of color so far as the exercise of the franchise is concerned, congress may say the same thing in relation to any distinction of sex. Congress has the power to impose upon a new State equal, universal woman suffrage as well as negro suffrage or Indian suffrage. There is no limit. But, sir, the answer given is that being against the constitution it is of no account, it amounts to nothing; and therefore we can vote for it. Why, Mr. President, this is the strangest argument I have ever heard anywhere. f ann certain that such an argument is a very novel one in the Senate of the U.S. Mr. President, I fear that it is another evidence of that revolution through which we are passing, which may in its progress involve all our institutions, Constitution and all; for if men here can disregard it, how shall we ex: pect that the Constitution will be respected elsewhere?