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is but 15,000, taking your calculation from the ident. The disproportion would be very great, of Colorado, because of their assumed loyalty, vote that was cast.
and it would give to a man in Colorado far a voice ninety times greater than to the men But, sir, the Senator from Oregon, with greater power and voice in the selection of a of Indiana. great force and earnestness, appeals to us to President than to a man in the State of Indiana. Mr. President, it is claimed that the Territory give to these people
the right to vote for Pres- As to the two electors that are based upon the can be very much more prosperous with a State ident of the United States, to control the legis- senatorial representation, my argument is cor- government than with a territorial governlation of Congress, to control the financial rect. Colorado at the next presidential elec- ment. I have never lived nder à territorial policy of the Government. He referred in his tion, if she is admitted, will elect two senatorial government, and have not the experience of remarks to these matters; and to give force | electors, and those two senatorial electors will the Senator from Oregon or the Senator from to his argument he alludes to the position of cast a vote equal to the two senatorial electors Nevada in that respect; but why is it that a the Senator from Massachusetts, that taxation that are selected by the 1,800,000 people of Territory may not be prosperous? Why may without representation is tyranny. Sir, is it Indiana. In respect to the two senatorial del- she not be comparatively independent in the possible that a small community in the forma- egates, my argument is correct, that one man regulation of her own domestic affairs? She tion of the laws shall have the same voice that in Colorado would have a voice equal to ninety does not have the selection of her Governor, or a great community shall have ? Representa. men in Indiana.
of her judges; but she selects all her local offition must be equal and just, else representa- || Mr. KIRKWOOD. Do I understand the cers; she selects her Legislature. Her Legistion of itself becomes tyranny. If you say Senator from Indiana to say that the policy of lature, by the laws which it enacts, regulates that 15,000 persons in Colorado shall have the our Government and the Constitution of our all her domestic affairs. If they need a comsame voice in the legislation of the country Government require eqnality in these things? bination of wealth, the Territorial Legislature that the 1,300,000 people of Indiana have, you Mr. HENDRICKS. No, sir, I do not say so. may establish corporations, and may do all adopt a tyranny as oppressive as to deny rep. Mr. KIRKWOOD. Take the State of Del- those things which the local interests of the resentation altogether. What has been the aware, take the State of Florida, which the people may require. I think the history of the policy of the Government upon this question ? Senator is so anxious to get in, and he will Territories does not support the Senator from The first position assumed by the Government find an inequality, if not so great, yet very Oregon in the position that they are less proswas before the adoption of the Constitution, in great between those States and the State he perous during their territorial existence than the celebrated Ordinance of 1787, by which it so ably represents here. It is not the policy afterward. I think there is not much weight was provided that out of the Territory of the of our Government, I apprehend, to have in the argument of the Senator from Oregon Northwest, which now has in this Union such | equality in these things, and we do not have it. and the Senator from Nevada upon that point. great empire States, there might be formed Mr. HENDRICKS. The existing inequal- The Territories up to this time have not com. three or five States, but that no State should || ity in the Senate of the United States was so plained, so far as I know, of the legislation of be admitted until it had a population of 60,000, | ably discussed by the Senator from Pennsyl- Congress that applies to them. It seems to me about double of what was then the ratio of vania [Mr. BUCKALEW] some time since, and to have been just and fair; and in respect to representation in the House of Representatives; has been answered, or attempted, at least, to their domestic affairs, they regulate them for and my colleague and I represent a State that be answered by some Senators, that it is not themselves. came into this Union under that provision. necessary now for the Senator from lowa or I have said about all that I desire to say on The people of Indiana had no voice in the || myself to rediscuss that question. The fact this question. I know of no change that has making of the Federal laws, the people of In- that there is inequality in the old States that taken place in the population of Colorado or diana had no voice in the selection of the Pres. came in as colonies into the Union and helped || in the regularity of the proceedings by which ident of the United States, until they could num. to make this Government does not justify us | this constitution was adopted since this bill ber 60,000, until they could show a population || in carrying that inequality beyond any point was rejected by the Senate. I am curious to entitling them to a Representative in the other known in our history heretofore. In 1787, as know what shall change the judgment of Sen. House. But now it is claimed as tyranny if I have said, when a territorial government was ators in regard to it. My colleague says that this Territory with a population of 15,000 shall given to the Northwestern Territory, it was he has not joined in any whispering that we not have a voice in the Senate of the United | required that before the admission of a State need two additional Senators here, and yet he States, equal to the 1,300,000 people of In. from that Territory there should be a popula- || did say before he closed his speech that he was diana.
tion entitling the State to two Representatives glad to have additional Senators if they repreWhy, Mr. President, contemplate the prop- in the House-a population of sixty thousand. sented a loyal constituency. Mr. President, I osition of the Senator from Oregon for a mo- I believe the same provision is found in the shall, as readily as my colleague, as readily as ment. He says that it is an act of injustice, that territorial government for the Southwestern any other Senator, welcome Senators who come it is an act of tyranny, if the people of Colorado | Territory, and in the territorial government here from new States with a population which shall not have a voice in the selection of a for the 'Territory of Louisiana, showing a pol- || justly, fairly, and rightly entitles them to seats President of the United States. Her popula- || icy and purpose by our forefathers; and I un- in this body; but I am not prepared to say that tion, in comparison with the population of the derstood the chairman of the Committee on the small popnlation of Colorado shall have State which my colleague and I represent, is Territories to say that that has been the senti- an equal voice in the Senate with the large about as one to ninety. In the Senate of the ment constantly from the foundation of the || population of Indiana. United States one man in Colorado will have Government up to the present time, some
Mr. STEWART. There have been several the voice of ninety men in the State of Indi- | times, for particular reasons, departed from,
allusions in the debate to the fact that this bill Is that equality? Is that democracy? as in the case of Kansas.
has been once defeated. I desire to call the Is that justice? Or is it tyranny? And when Mr. STEWART. Was it not departed from attention of the Senate to the fact that it was you come to select a President of the United in the case of Florida and Arkansas to a greater not defeated in a full Senate. The votes against States in 1868, is it right, is it just, is it con- extent than in the case of Kansas? Neither | it were only 21, and those for it 14, so that sistent with the policy of our Government, that of them, as I understand, had as much as fif- there were only thirty-five Senators voting. one man in Colorado shall have the voice of teen thousand.
When we have a full Senate there are fortyninety men in Indiana? How many it would Mr. HENDRICKS. I was quoting the re- nine here, there being twenty-five States repre. be in New York, I know not. But the Sena- mark of the Senator from Ohio as authority: sented. I say consequently that vote was not tor says he has heard no complaint from New If the Senator from Nevada is not content with a fair test when there were only thirty-five York; no complaint from the great State of the argument that I present, I shall be obliged || members voting. Pennsylvania. - As one of the representatives to him if he will answer it when I get through. The assumption that the population of Col. from Indiana, I differ from my colleague, and The Senator from Ohio, in the argument of orado is only 15,000 is not a fair statement of I am not willing that in the selection of a this question a few weeks since, when he op- the case. I think, myself, that the population President at the next great election, which is posed the admission of Colorado with very is small; but placing it at 15,000 is certainly a to be a very sensitive period in our history, ore great ability, stated, as I understood
him, that very great exaggeration-a greater exaggeraman in Colorado shall equal ninety of the men the policy of the Government had been, though || tion than it would be to place it at 50,000. whom I represent. It is not according to the sometimes departed from under peculiar cir- From the evidence fairly before us it is shown policy of the Government. It is not accord
cumstances, to require a population entitling that at the last election for State officers they ing
the people to a Representative in the House cast over seven thousand votes. Gentlemen Mr. STEWART. I should like to inquire of Representatives. Now, sir, it would require say that is just as good a criterion of the amount of the Senator how he figures that out. He about one hundred and twenty thousand to of population as the vote in 1861 was. I deny says that Indiana, as compared with Colorado, secure a Representative in the House of Rep- || it. Since that time families have been moving estimating her population at fifteen thousand, resentatives; and here with a population, upon in; there were not so many miners roaming has ninety to one in population ; but Colorado the best information we can get, of about fif- over the country that are only transient; there will not have the same number of votes in teen thousand, it is asked to give two Senators is a more settled population, and the numbers electing a President that Indiana has.
and a Representative to Colorado. I think the of voters in proportion to the population now Mr. HENDRICKS. The criticism of the people of Indiana will hardly be satisfied with is not as great as it was in 1861. Senator is right in respect to the election of a the argument of my colleague, based upon the In 1861 they were huddled together in one President. I have not made the calculation | loyalty of the people of Colorado, when he or two small 'mining camps. Now they are as to what would be the disproportion in the says, that in the making of the laws, so far as scattered all over the Territory, and many of election of a President. I made my calculation they depend upon the action of the Senate, ll them following agricultural pursuits with their in respect to the voice in the passage of laws and in the selection of a President of the Uni- families. A vote of 7,000 now would indicate through this body, and then applied it without ted States, so far as it depends upon senato- a larger population than a vote of 10,000 did very much reflection to the election of a Pres- rial electors, he is willing to give to the people ll when they were in one or two mining camps
all voting, all males, before they had brought thousand votes in the Territory of Colorado? || ceeded regularly, as required by the statute, to their families there. The population has I speak with a knowledge that is not unin- || institute for themselves a State government at changed from a mining to an agricultural one formed, for I have lived on the frontier from a time when they certainly had not a smaller to a great extent, and the vote of 7,000 of last
my young manhood, and inhabited about that | population than six thousand eight hundred year to me indicates a larger population than part of the world, and I was in Colorado, I and fifty-seven. The probability is that in à vote of 10,000 would situated as they were believe, before any gentleman on this floor. 1864, when they went through the process of in 1861, not having extended their population Seven thousand votes there would indicate a forming themselves into a State government, over the Territory and being huddled together || population of about fifteen thousand, not more. the population was larger, but what it was I am where they could all readily vote. Now they | It has been regarded heretofore as a rule that not now able to say. It was certainly, as I prehave spread over the Territory; they have no State should come into the Federal Union sume, not greater than the population of Colbrought their families; and a vote of 7,000 at until her population would come up to what orado. If I am wrong in this my friend from this time indicates to my mind a population of was required by the enumeration for a mem- Nevada will be able to correct me. We have at least 35,000, because they are so situated ber of the House of Representatives. I do not || admitted Nevada as a State of the Union, that they do not come to the polls so regularly ; | remember the precise number now required, which in 1860, being then a Territory, had a they are a long distance from the polls; they but I know it is something over one hundred || population of only six thousand eight hundred have settled in the little valleys all over the thousand. Two Senators in the Federal Sen- and fifty-seven inhabitants. country as any person traveling through will ate for a population of fifteen thousand would If the Territory of Colorado in 1864 pos
I am justified, then, in saying that a vote be a great injustice; and to that injustice I sessed a sufficient population to justify Conof 7,000 at this time indicates a larger popula- cannot be a party. I did vote for this bill in gress in granting them the privilege of formtion than a vote of 10,000 would situated as the first instance. I did it for the reason that ing themselves into a State government, and they were in 1861 ; and I think that when we I want to build up the interests of the Pacific | jf, as is indubitably the truth, that population have before us the fact that they cast 7,000 and the mountains; but I cannot on consider- has not diminished since then, upon what votes it is an extreme exaggeration to say that || ation agree to such a wrong. This is not a ground is it, I ask, that gentlemen allege insuftheir population does not exceed 15,000. community yet established; its foundations ficient population as a reason for refusing ad
But Congress has passed upon the question have not yet been laid. When they are well mission to Colorado? I insist, sir, that so far of population. The Senate twice passed upon laid, with the proper population, a well-organ- as Congress are concerned, so far as the spirit it by passing an enabling act in 1863, and again ized society, then they shall be of the com- of the law is concerned, we are estopped from in 1864. The population is certainly as great munity of States by my voice, but not now. insisting upon this objection. now as it was then, and is increasing, and the Mr. HOWARD. Mr. President, I was not
Mr. MCDOUGALL. Will my friend from prospects before the Territory are infinitely present in the Senate at the time the vote was Michigan allow me to ask him, is there any such superior to what they were in 1864. In 1864 taken rejecting the bill. Had I been here I thing as an estoppel as against a judge on the they were cut off by an Indian war; they were should have voted for the bill, and I regret very bench, he being bound to do justice? Is there embarrassed in every possible way; their pros. much that I did not happen at that time to be any such thing as an estoppel where one has pect for the future was gloomy to what it is in my seat, because I have a very strong con- authority? It may be applied to parties liti
The rebellion is over ; they have a rail- viction of the expediency and propriety of gant, but not to the judge. road approaching them very rapidly; they have admitting Colorado as one of the States of the Mr. HOWARD. I am not speaking of techlearned something of irrigation, and they have Union.
nical estoppels in trials at law. We all know learned, too, how to dispose of grasshoppers,
There appear to be two objections raised | right well that estoppels are mutual. What I so that they will not be so ruinous perhaps as against the admission of Colorado. The first is mean to say is that we are upon every political they were before. The grasshopper question, insufficient population according to the opinion and moral principle precluded from urging now, the irrigation question, and the Indian war
of some gentlemen, and the second is that the as an objection against the admission of Coloquestion are all better understood. The pros
right of suffrage as defined in the constitution rado, that she has not sufficient population, bepects of the country are good. The mines have itself is too limited in excluding colored persons.
cause we acted upon that identical question in proved to be very rich. The various ores are
Now, sir, I confess that I do not regard either
1864, and said to Colorado and said to the being worked now to better advantage, and the of these objections of sufficient weight to induce
whole nation that Colorado then possessed a Territory is in a much better condition than it
me to vote against the admission of Colorado. sufficient population to justify us in forming her was in 1864. It has a larger population than I consider the objection based upon the alleged
into a State. it had when you passed on the question; and
Mr. McDOUGALL. Allow me.
insufficiency of the population in point of num-
The PRESIDENT pro tempore. Does the WILLIAMS,] that it would be bad faith, after March, 1864, Congress declared in very plain
Senator from Michigan yield the floor to the having given this invitation, and after this conterms that
Senator from California? stitution has bcen formed and these represent“The inhabitants of that portion of the Territory
Mr. HOWARD. With a great deal of pleasatives have come here, to change the invita
of Colorado included in the boundaries hereinafter I hope my learned friend from California tion and deny them admission. Hereafter if designated, be and they are hereby authorized to form will now indicate his ideas in a tone of voice want to establish a different rule, establish
for themselves, out of said Territory, a State governyou ment with the name aforesaid, which said State when
which will enable me to catch them on this side it; but now, under all the circumstances, I say formed shall be admitted into the Union on an equal
of the Chamber. that upon any fair construction of these votes fuoting with the original States in all respects what- Mr. McDOUGALL. Only one word. Sup. there is a larger population in Colorado than soever."
pose I was wrong then ; suppose I acted unadthere was in 1864, and everything connected It is said that this statute, which in its sub- visedly with that Territory shows that it is better able sequent clauses provides the mode by which Mr. HOWARD. That is not a supposable to support a State government, with better the people shall organize themselves into a prospects, than when you passed the enabling State has spent its force and become functus Mr. McDOUGALL. And I change my act, and I contend that it is bad faith to deny oficio; and we are therefore called upon, by | opinions, have I not a right to express it by them admission.
the honorable Senator from Massachusetts es- my voice? Answer me that. Mr. MCDOUGALL. Mr. President, I wish pecially, to pay no regard to the act of 1864. I Mr. HOWARD. I suppose, according to it were quite as convenient to think as to talk, do not regard the statute in that light; I do not the Senator's speech, he has availed himself for in thought there is counsel, but in words regard it as having spent its force. I regard of that high privilege of changing his opinion there is often great want of wisdom. I said this first section, which I have read, as con- and changing his vote. I will now ask him a yesterday that on the former occasion I was in taining a pledge of the Government of the ll question ; and that is, whether he did not vote error as to facts which led me to a wrong con- United States to the people of Colorado that for the act of 1864, giving this privilege to clusion. There is no man on this Senate floor whenever they shall form themselves into a Colorado? more concerned in building up the interests of State and provide for themselves a govern. Mr. MCDOUGALL. I believe I did. the mountains and the Pacific and the great ment, they shall, so far at least as population Mr. HOWARD. And I think, as I am West than myself; I have labored in it from is concerned, be admitted into the Union. informed, he voted for the bill which was my youth upward, but I cannot justify myself I have said we passed this statute in March, recently under discussion in this Chamber. to myself in sustaining this measure, for the 1864, and in the same breath we passed an. Mr. McDOUGALL. Yes, sir; I did. reasons that I will state briefly, for I do not other statute giving the same privilege to the Mr. HOWARD. And made a speech, too, propose to go into a discourse or make it mat- Territory of Nebraska,ʻand another giving the a very good speech, undoubtedly, in favor of it. ter of argument.
same privilege to the then Territory of Ne- Most undoubtedly every gentleman has a right This Government was organized upon a sys- vada; and we did it at a time when the popula- to change his opinion; but I say that without tem. In this Senate Chamber each State is tion of these several Territories, as ascertained further light upon a given subject, without represented by two Senators, alth
the official agents of the Government who || further facts to justify such a mental mutation be entitled to but one Representative in the took the census in 1860, was as follows: the as my friend from California seems to have other end of this building. To adjust the population of the Territory of Colorado at that I undergone, he can scarcely say that he has a equilibrium was one of the great troubles of time, according to the census from which I moral right so to change his opinion as to our grandsires. That for some factitious pur- give these figures, was 34,277; that of Dakota || change the proper course of legislation upon pose a State should be introduced not possess- Territory 4,837 ; that of Nebraska Territory || the question. ing the qualifications that should justify it in 28,841; and that of the then Territory of However, sir, that is a question which be claiming a member of the House of Represent- Nevada, perched like an eagle's nest upon must settle for himself. I cannot act as casuatives would be a wrong upon the system as it mountains, was 6,857.
ist in so grave a matter. He must be his own has been best understood. What are seven The people of the Territory of Nevada pro- judge.
gh it may
Mr. MCDOUGALL. The Senator from Cali- or 50,000; I ask you, sir, especially as Con- the mode of taking the vote was unfair, that fornia takes care of his own conscience. gress has already passed upon this question, there was any fraud or corruption in the whole
Mr. HOWARD. I hope he has a very con- according to my apprehension, whether we proceeding; and I take it that if Senators are siderable task at times in doing so. (Laughter.] ought now to hesitate and to keep the State silent upon this, which would appear to be a Mr. McDOUGALL. Very.
out of the Union simply because her people | very grave objection, it may be taken for Mr. HOWARD. And now, Mr. President, | happen to have exercised the same right, the granted that the proceedings were entirely fair; I think that I have answered that objection, cer- same power, be it right or wrong, which is that although the constitution originated spon; tainly in a manner satisfactory to my own mind, exercised in the constitution of almost every taneously with the people, and was carried however unsatisfactory I may have been in other State in the Union.
forward by their consent until it finally became regard to the minds of others.
Mr. SUMNER. Dolunderstand my learned consummated in the form of a constitutivn, The next objection relied upon by the hon- friend as arguing that you may deny rights to that is no reason whatever why we should disorable Senator from Massachusetts appears to one hundred persons but you may not deny regard the constitution itself, or look upon it be that the constitution which has been actu- them to a thousand ?
with suspicion. ally framed and is now before us is not in per- Mr. HOWARD. I leave that question to I have in my mind, sir, a precedent which fect accordance with that clause of the enabling the decision of the majority of the people of may not be without its interest on this occaact which requires that the constitution shall Colorado as the best test, as the most satisfac- sion. It is one relating to my own State. The not be repugnant to the Constitution of the Uni- tory rule for my conduct at present, especially || State of Michigan organized itself under an act ted States nor to the principles of the Declara- as the number of that class of persons is so of the territorial government of the Territory tion of Independence; and he seems to hold very small. I beg to say, however, and this I of Michigan, and utterly without the sanction that the restriction upon the right of suffrage || speak from my deepest convictions, that I think of Congress or any fundamental law, in the found in the constitution of Colorado, by which the time is not far distant when every citizen year 1835. It called a convention, which assem. all persons who are not white persons are ex- of the United States, black or white, ought to bled, framed and adopted a State constitution, cluded from the electoral privilege, is a depart- be and will be admitted to the right of suffrage. and that constitution was submitted formally ure from that clause of the enabling act, the || I could wish it were otherwise in the present to the vote of the people of the Territory in clause in the State constitution declaring that case; I could wish that the people of Colorado the fall of 1835, if my memory serves me, and every white male citizen of the age of twenty- in forming this coustitution had seen fit to omit the people of the Territory assented to the one years, &c., shall have the right to vote. the word 'white'' as a qualifying provision be. constitution and ratified it. Subsequently, in
I do not understand that this is any viola- fore “person,” in reference to suffrage, and I 1836, Congress passed an act declaring that tion of or departure from the principles of the sball vote under the expectation that that gen- Michigan should be admitted into the Union Declaration of Independence. I was never erous and enterprising people who have done as a State, provided a convention of her people able to discover in the Declaration of Inde- so much according to their numbers to uphold || should give their assent to a change of her pendence that it was the right of every person, the Government of the United States during || boundaries on the southern border. The Senwhite and black, to vote at the polls. There the late war will see to it hereafter that this ator from Ohio, perhaps, is old enough to rec. is certainly no such clause contained in it, and error shall be corrected in their constitution, ollect that rather stirring controversy between I believe it has never received such a construc- and that all persons, black and white, shall be his great and gigantic State and the little Terri. tion.
permitted to vote in that State. I hope the tory of Michigan. The Territory of Michigan Mr. SUMNER. I would ask my learned same principle will be carried throughout the called a convention in pursuance of a regular friend if the Declaration of Independence does States, and that we shall all live to see the territorial statute. That convention met and not contain the proposition that all men are day-I expect to live to see it, and at no very took into solemn consideration the proposition equal in rights.
distant period—when there shall be no such of Congress to assent to a change of bounda-, Mr. HOWARD. The Declaration of Inde- distinction in respect to suffrage as "colored" ries which stripped us of several townships ou pendence declares that “all men are created or "white." I believe that it is as much the our southern border, and decided that they equal."
right of the colored man to vote at an election would not consent to it; and the convention Mr. SUMNER. That means equal in rights. as the white man; but still we must look to dispersed and went home. The Democratic
Mr. HOWARD. And that "they are en- these matters in a practical sense; we must party, then entirely omnipotent in the State, dowed with certain inalienable rights.” contemplate them as practical questions of discovering that it might be necessary in order
Mr. SUMNER. Then permit me to ask him, || legislation, and not as mere theoretical ques- to give strength to Mr. Van Buren, who was does it not go further and say that all just gov- tions.
then a candidate for the Presidency, took upon ernment stands on the consent of the gov- But, sir, it is said that this constitution ori- themselves, through their leaders, to call a poperned? My learned friend will see that by this | ginated irregularly, without the sanction of law, ular convention, which the boys at that time constitution one whole class is excluded. and the Senator from Indiana (Mr. HENDRICKS) were in the habit of calling the frost-bitten con.
Mr. HOWARD. I see plainly that one whole has passed some severe criticisms on this feat. vention. A vote was taken in a most irregular class is excluded by this constitution. That is ure of the case. I do not regard this constitu- inanner throughout the Territory, without oath, very true; but it does not follow from that fact
tion as having originated without law. I look without challenge, without any of the forms that it is a violation of the principles of the upon the statute of 1864 as containing, as I of law ordinarily observed at such elections.
Independence, in my judgment before remarked, a pledge to the people of Another convention was elected in this irregu. I suppose that notwithstanding the Declaration Colorado that they should come into the lar way; that convention assembled together, of Independence, it is the right of every organ- Union, as a pledge to them of the privilege of although it was supposed that the law itself ized political community to regulate the right || forming a State constitution, Congress having had spent its force under which the former conof suffrage according to the opinions and desires | adjudged that their numbers were sufficient vention was called, and gave the assent of the of a majority of that community. When we and that their situation at that remote point Territory to this change of boundary; wherecome to the question of government in a repub- was such as to make it necessary and proper upon a no less distinguished individual than lican country the great and only final test is the that they should form a State constitution and Andrew Jackson, then President of the United will of the majority, whatever may be the com- be admitted into the Union. It is very true States, issued his proclamation, founded en: ponent parts of the population. If, therefore, that certain provisions of the act of 1864, relat- tirely upon the assent of this irregular popular it be the will of a majority to exclude certain || ing to the proceedings to be taken in the Ter || convention, and announced to the people of classes from the right of suffrage, where that ritory, had lapsed and ceased to be operative || the United States that the State of Michigan will is exercised freely, I do not know any higher | in consequence of the lapse of time. In such
was admitted into the Union. I do not refer law pertaining to a republican government than a question as this, Mr. President, is the mere to this precedent as one to be followed in all that will. It must be submitted to. It may be | lapse of a few months' time of such importance
At the time I regarded it more as a right or it may be wrong in point of morals, in as to justify gentlemen in saying that Congress warning and as an admonition for the future point of philosophic principles, but it must be is under no obligation to the people of Colo- than as a thing to be approved; but there it is submitted to as a practical rule of conduct, | rado? We know very well that in all legal pro- upon the statute-book, and there is the
may be the theory in regard to it. ceedings, even in proceedings of the most sol. lamation of President Jackson, and here stands I do not, I confess, Mr. President, regard this emn character, where life itself is at stake in a Michigan to-day admitted into the Union in restriction of the right of suffrage in the Colo- court of justice, the court, in most cases, holds virtue
of such a popular decree. rado constitution as of importance enough to time to be merely immaterial; it is the sub- Mr. President, I have consumed more time withhold my vote from the bill now under
con- stance of the thing to which the court looks; than I intended upon this subject. I regard, sideration. If there was a large portion of the and it seems to me, in this case, it is the sub- as I said before, the statute of 1864 as holding people of Colorado who were colored, if they stance, it is the promise, the encouragement, out to the people of Colorado the pledge of were an important portion of the population, the pledge which we in our sincerity held out Congress, that upon the formation of a constithe question would then present itself in a dif. to the people of Colorado, that ought to govern tution by them which is republican in form, ferent aspect, and it might become a very serious us, and not thc mere question of the lapse of and not inconsistent with the Declaration of question whether they ought not to be admitted time,
Independence, they shall be admitted into to a participation in the privileges of govern- Now, sir, I have not heard any complaint made Congress as one of the States of the Union on ment; but as I understand it, the number there that in the proceedings preliminary to the elec- an equality with the other States; and I shall is only some forty or fifty.
tion of delegates to the convention that framed vote to reconsider the bill, and I hope to have Mr. SUMNER. One hundred.
this constitution there was any fraud or unfair- the good luck to vote for the bill upon its final Mr. HOWARD. Suppose there are 100, and ness whatever. The Senator from Massachu- passage and to see it adopted by a very respectsuppose the population of the present Territory setts bas made no such allegation. He does able majority of the Senate. of Colorado to be 30,000 or 35,000 or 40,000 not pretend, nor does any Senator pretend, that Mr. EDMUNDS. Mr. President, as I feel
constrained to vote against this reconsideration, believe is the cardinal one, which has been democratic spirit precisely as that which aniand as the reasons which impel me to that stated by the Senator from Massachusetts, of mates the aristocracies that govern the moncourse are somewhat different in degree, if not the equality of man, and that further principle | archies of the Old World, only the form of the in kind, from those which have been advanced which has been stated by him, which that | aristocracy is developed in a different way. by other Senators upon this floor, I beg the instrument emphatically declares, that the obli- | For myself, I am a Democràt in the thorough indulgence of the Senate for a very few mo- gation and the right of those who govern is sérrse of the term, as I understand it. I ments while I state them. derived from those who are governed.
believe in the political equality of all men. I The principal objection which induces me to Now, there is offered to us a constitution believe in the sacredness of the private rights oppose the admission of this Territory at this which contains in it the fundamental declara
of all men.
And yet I am asked as a political time, and to oppose it in spite of the personaltion that the obligation to obey law, the power friend of these gentlemen, as one having an respect and esteem which I feel for the dis- l of those who are to exercise law, does not de- || ardent political desire that my party as it reptinguished gentlemen who would otherwise | pend upon the consent of some portion of the resents, as we suppose, the hopes of the counrepresent her in this body, is found in the governed at all; but that by reason of the acci. | try, should succeed—I am asked to deny my nature of the constitution itself which she has | dent of the color of a man's skin or of his race, principles in order to achieve a temporary sucpresented, rather than in the irregularity with of origin, independent of color–because I také cess. Sir, I cannot deny, I cannot turn my which it has been adopted or in the want of a it the word "white" in this constitution means back to those principles which are cardinal and sufficient population to entitle her to admis. || white as a race distinguished from the negro essential for the sake of any temporary suc. sion; and I presume that nobody will suppose race-a portion of the people are to be ex
A success of that description, in my that I misrepresent Vermont on this question | cluded from participation in the government. judgment, is one not worth winning upon mere when I say that it grows out of this much dis- We are called upon under this constitution, I | grounds of policy. It is one which no man who cussed word, "white.
say, to declare, if we approve it and submit it is convinced as I am of the cardinal error in In my own State from its foundation, when to this people, that a provision, fundamental in this constitution can possibly be influenced by. it was an independent State for many years, its nature, in this constitution of that descrip- But where is the harm, Mr. President, to not a member of the Union, its constitution tion is correct. I cannot consent to the doc- || put it upon mere grounds of temporary polfrom the beginning to this day has adhered to trine. If I rightly understand the theory of icy? Are not these people still in the Terriwhat I understand
to be the principles of the the formation of government, it is that consti- tory? Can we not send this constitution back Declaration of Independence thoroughly. It || tutions are formed (aside from the mere frame- to them and say, "Try your hand at it again; has tolerated no distinctions between human
work and machinery of government) for the reconsider your reconsideration once more; rights of one race and another, or of one color || protection of private rights and the fundamen- see if you cannot trust yourselves by a majorand another, or of one sect and another. While tal rights of minorities and individuals against | ity to declare whether you will allow negroes my State, as all other States do, recognizes | the powers of majorities, against the exercise to vote or not? Have you not confidence distinctions among men, while it acknowledges of arbitrary power or of tyranny on the part of enough in yourselves to leave it out of your the paramount right and the paramount duty the Government.
constitution and not to tie yourselves up forof a majority of the whole people to determine Now, sir, what is there so sacred, what is evermore to a principle of this description?"' what are the true qualifications of electors, it there so fundamental in the right of the white And then, on the first Monday of December, discards the dogma of delusion and of wrong men to rule the black, that the white men can- if a majority of that people are still desirous which declares that these qualifications and not be trusted with the power of wielding it by 1 of being represented in this body, can they not distinctions are to rest upon unreal and acci- a majority? What is there in the nature of present themselves to us with a constitution to dental foundations. Its laws always have, as this question which makes it our duty to say which no objection can be made, which sets the laws of all States do, provided that luna: to the people of Colorado, “We will not trust no bad precedent in morals or in fundamental "tics, non compotes, criminals, and a variety of a majority of your voters to repeal the clause, l right that will come to plague us by and by classes of persons upon whom the law under but we will allow you to put it in your funda- when we apply necessary legislation to other similar circumstances operates equally every. mental law so that the free will of your major- || portions of the country? And will these peowhere, are not entitled to exercise a voice in ity can never get it out?' I fail to see what || ple have been harmed? The tyranny of taxathe government of the State.
there is so sacred in this right of white suf- tion without representation, if it be a tyranny, Now, sir, in the case we have before us, in- frage and in the duty of the absence of suf- will not then have lasted long. I see no diffidependent of the question what are State rights, | frage on the part of the black man, as to | culty in that course, and withont occupying independent of the propriety of anything in || require it to be inserted in the fundamental the time of the Senate in dilating upon these the constitution of any State which already law of the Government.
questions, I say therefore it is that I feel comexists, we are called upon, in the exercise of You will find, sir, and Senators will find, that | pelled for one, representing in part, as I do, a a constitutional power, to decide as a matter this constitution contains the usual clause that State whose sentiments on that subject have of propriety for which we are responsible, what two thirds of the Legislature are requisite to never been mistaken; I feel compelled, against is fit and necessary to be contained in the con- amend it in any particular. It is not, there. my sense of what I should desire to do personstitution of a State which we are about to admit. fore, as I said before, the question whether it || ally for the respectable gentlemen who come We have entire power over the subject. It is right or fit that a State should decide for here; in spite of my wishes to accede to the appeals to our sense of justice and to our duty | itself who or what portion of its citizens should desires of that young and growing population, to the country. It appeals to that sense of jus- || vote, but it is the fundamental question whether I feel compelled by a sense of duty which cantice and to that duty in the lessons we have we will allow a Territory over which we have not be put aside by temporary considerations derived from the past and the hopes which we control to impose upon itself an obligation to vote against this reconsideration. have for the future. I am not to be told, for one,
which it cannot recede from, to exclude from Mr. SUMNER. Mr. President, I cannot that the rejection of a constitution because it any of the political rights of government any forbear returning my thanks to the Senator imposes the qualification of color upon its elect- class of its citizens. That is the question. I from Vermont for the noble utterance that we ors is a thing that has never been done before. do not know but that if this were left, as the have heard from him. He has reminded you As the honorable Senator from Massachusetts || original enabling act left it, to the people of of the true principle on which you are to pass. said the other day, when is the time to begin that Territory to declare of themselves when He has held up before you the dignity of the if it is not now? In all preceding time the and under what circumstances the colored race occasion, and has rallied this Senate to its condition of the country, the rights of States, should be clothed with political rights, I should | duty. I thank him, sir. His speech ought to the situation of the people were different. We not be satisfied. I should then have preferred | produce an effect on his associates in this have reached the culminating point where the indeed that we should have some voice in the Chamber. It ought to remind them that there bitter fruits of errors of years ago have been matter; but I fail to perceive how we can be is a truth which cannot be put aside for any reaped in a large degree, and where now, turn. || appealed to to give to these people a constitu- temporary expediency. I am grateful to the ing our faces ouce more toward the arts of tion which ties up their own hands from doing Senator for the speech he has made. I think peace and the hopes of prosperity and of equal. || what every one of my political brethren says the Senate will do well to sleep upon it ity, and fraternity too, I should hope, we are to is an act of justice.
to-night, to reflect upon it, and when they begin a new era. There is, therefore, eminent What is there so sacred in this thing that come here to-morrow to do their duty in mainfitness according to the spirit of the times, this same constitution does not require the taining those principles which he has so clearly there is great appropriateness that now when Legislature, by two thirds of its members, to advocated. I move that the Senate do now we have the first opportunity after what has | allow any other class of citizens to vote? Is it adjourn. ["No," "No."] passed we should put ourselves right upon the not the subject of ordinary legislation to de- The motion was not agreed to. fundamental principles of government; and clare who shall vote and under what circum- Mr. CRESWELL. Mr. President, when accordingly there have been in this spirit intro- stances? And if so, why is it necessary to this question was before the Senate on a duced already in these enabling acts qualifica- insert in a constitution which cannot be con- former occasion I voted against the admission tions and requirements which were never intro- trolled by a majority of white men, that the of Colorado as a State, and were it not that duced before. It has not been usual, accord- mere accident of race or color shall be a fun- I to-day propose to change my vote I should ing to my recollection, to insert in these en- damental objection to any allowance on the not trespass on the time of the Senate, at so abling acts that the constitution when formed part of the whites to the blacks of the right || late a period of the discussion, to make any shall be republican and not repugnant to the to vote?
remarks whatever touching the issue now preConstitution of the United States and the prin- Mr. President, it appears to me, without en: sented by the motion for reconsideration. ciples of the Declaration of Independence. larging upon this topic, that the aristocracy of The difficulty in my mind, and which inThat ancient charter of our liberties has again class, the aristocracy of caste, is as bad as the duced my vote in the negative on the occasion been referred to, and among its principles I ll aristocracy of kings. It is the same evil, anti- to which I have just alluded, was not any of
those which the Senator from Massachusetts In a country where there is not a stream that does This indicates clearly to my mind that the or the Senator from Vermont has presented,
not contain some indications of coal, it is difficult to
population of Colorado must remain there from nor was it a difficulty arising out of the paucity have colored on the plats only such as is proved to the very necessities of their case. We have of population or the regularity of the election. contain workable veins that are accessible."
scriptural authority for saying that where the Vs trouble was with regard to the permanency So much for the mineral wealth of Colorado, treasure is there will the heart be also ; and it of the population. I think I can safely say around which a permanent population may be seems that these people have not only invested that the practice of the Government heretofore settled. Now, sir, what are the facts with ref- their means, but invested their means largely, in has never been to require any stated popula- erence to the population already in that Ter- these various pursuits which necessarily fix tion as a condition-precedent to the admission ritory? It may not be very large; different them in that locality, attach them to that soil. of a State, nor has it ever required any special estimates have been presented to the Senate So far as lawyertare concerned, we find a tax form of proceedings with a view to qualify the varying from twenty-five thousand (and onegen- of $593 33. I know they are called a parasitic people of a Territory for the rights of State tleman, I believe, stated it to be as low as fif- class of society, but I think that the fact that sovereignty. With regard to all that I was teen thousand) up to fifty thousand. I shall $593 was paid for lawyers' licenses in that localsatisfied, but doubts were entertained by me not make a point with regard to the numbers, ity, when lawyers pay but ten dollars a year, with regard to the permanency of the popula- | because, in my mind, the necessity resting upon indicates a very considerable fungus growth tion then and now occupying the soil of Colo- this Government to fill up that vast extent of with regard to the institutions of Colorado which rado.
territory stretching from the western portion || I think indicates permanency. Being a lawyer Since the discussion on the occasion to which of Kansas and the other States lying north of myself, I may be permitted to make that reI have referred with reference to the admis- it, to the eastern frontier of the States lying mark. [Laughter.] So it is with reference to sion of Colorado I have examined with more on the Pacific is paramount. I believe that many other of these pursuits. They are percare into the state of affairs existing in that the sooner we fill up that vast territory with manent pursuits, and only such as men engage Territory, and I shall refer to the statement States, remove from the arena of angry and in who intend to remain, perhaps, the balance of facts made by Messrs. Chaffee and Evans, so perhaps dangerous controversy on the floor of of their lives in the localities where they far as it is not contradicted by the statement Congress all that immense section of country,
settle. of the remonstrance or the statements of the the sooner shall we be in a position to bear This doubt, then, being removed from my mind honorable Senator from Massachusetts, in sup- our present heavy burdens of taxation, and to by an inspection of the facts as applicable to port of the position I propose to take to day in advance more rapidly in the path of pros- Colorado, I am prepared to-day to vote for her now voting for the admission of Colorado. | perity.
admission. I am glad to be able to do so, The proposed State of Colorado, according to Already in Colorado the people, according because I voted against her before very relucthe facts adduced, contains about one hundred to the statement of the remonstrance filed here tantly. and six thousand square miles, of which forty- | against its admission, and their friends, have One more remark, and then I shall close. It two thousand square miles lie cast of the Rocky expended thirty millions in one year with a view has been intimated as to the motives which act. mountains, and the residue, some sixty-four to permanent improvement for mining pur- uate gentlemen in voting on our side of the thousand square miles, west of the mountains. poses. In Gilpin county alone there are sev- question, that we have been prompted by a The region lying to the east of the mountains enty-five or eighty quartz mills, which cost desire to increase the force of our own side on is nearly all valuable by reason of its adapta- | from $25,000 to $100,000 each. The smelting certain questions in this body. I hope I may be bility to the pasturage of cattle; that lying to works of one company cost about two hun- permitted to say, without intending any rudewest of the mountains constitutes the great dred thousand dollars. The mineral develop- ness to the gentleman from Massachusetts, that mining region of the State. With regard to ments in the other counties indicate beyond a I think that assertion was a very unwarrantable the quantity of land actually in cultivation there doubt equally rich and more extensive mines At the time this question was before the seems to be some difference in point of fact, of both gold and silver. The report of the Senate before there were pending then great some gentlemen contending that not more than Superintendent of the United States Mintshows issues about which this whole nation, from one two hundred and fifty thousand acres are now that Colorado, as a gold-producing territory, end of it to the other, felt the most profound in cultivation, while others contend that nearer is second only to California.
concern. If I had been actuated then any ten times that amount is in cultivation. As to This last assertion, I very well remember, such motive, I should, without questioning for the quantity that is susceptible of cultivation the Senator from Massachusetts in some a'moment the propriety of the admission of there is also a difference of opinion. I think measure attempted to controvert as to its pre- these gentlemen from Colorado, have voteil, it is clear or can be clearly deduced from the cise accuracy. I will only say that I cannot not as I did, but rather in favor of the bill then statements of fact presented that all that portion take issue with that gentleman, although cer- pending. That necessity has been in a measof the Territory lying east of the mountains is tainly it appears from the statements adduced ure removed. Those questions have been setvaluable by reason either of its adaptation to by him that the gold and silver product of tled; the Senate has declared itself with regard agricultural or pastoral pursuits.
Colorado is sufficient to assert their right to to them, and they are definitely disposed of. With regard to the mineral resources of the claim that they stand among the first States What may come in the future is only conjecState the testimony seems to be entirely clear, in the Union in regard to their mining prod- ture. We then had the certainty staring us in So far as the mining interest is concerned, I ucts. They have a population there which the face of perhaps a very closely contested quote from the Report of the Commissioner of seem to be civilized in a measure; they seem contest with the President upon those measthe General Land Office for 1864, page 81: to avail themselves of the ordinary pursuits of So far as I am concerned, that consid"That Colorado is a rich mining country, no ono
mankind, and not only that, but they seem eration does not in any way affect my vote. I acquainted with its resources can for a moment doubt. willing and able to pay their taxes. When stand prepared, so long as I shall remain a repThe gold occurs in veins of copper and iron pyrites; gentlemen speak of their inability to maintain resentative of my State upon this floor, to vote varying in thickness from six inches to forty feet, and in the yield from
$15 to $500 per ton. I am not far out a State government, I beg leave to refer them always in accordance strictly with my convicof the way in saying that there is no gold-bearing vein to the figures compiled in the bureau for the tion of right and justice, and to repel every imin Colorado that will not pay with proper machinery and economical working. I send you herewith a map collection of internal revenue.
putation that I may be controlled upon any of the gold region of Colorado, in which I have col
In Colorado there were collected last year measure by any such motive as the gentleman ored the parts that are known to be gold-bearing by | $130,052 01 for the purposes of internal rev- has attributed. actual development. "In the county of Gilpin alone, the smallest of the enue, independent of the receipts for stamps.
Mr. WILSON. I hope we shall now progold counties, and I think no richer than others, there
The tax of six per cent. on clothing and other ceed to take the vote on the reconsideration. are now on record over seven thousand gold-bearing articles of dress amounted to $705 59. The I think we have spent sufficient time in this lodes: on thescan average oftwenty claims ofone hun
discussion. dred feet each have been recorded, making one hun
tax of six per cent. on furniture and other dred and forty thousand claims in that county alone,
articles made of wood amounted to $1,372 77. Mr. JOHNSON. Mr. President, I am willand every day adds to the number of lodes. Compar- The tax on the manufacture of iron castings ing to say what little I have to say now, or in atively few of these lodes have as yet been fully developed, but enough have been worked to show that
amounted to $216 61. The tax of one eighth the morning if it is the pleasure of the Senate under proper management a great majority of them of one per cent. on brokers' sales of merchan- at this time to adjourn ; but I do not ask an can be made to pay."
dise and other goods amounted to $1,876 05. adjournment on my account. What I propose “Rich mines of silver have been discovered this The tax of six per cent. on bill-heads, cards, to say I can submit within a reaso
sonably brief summer, and the latent wealth of the Territory has been vastly improved.”
and circulars, printed law blanks, and other period. But it is not in the precious metals alone, | paid by bankers amounted to $1,100 ; licenses
printed forms amounted to $410 20. Licenses I am opposed to the admission of Colorado, Mr. President, that the soil of Colorado is
and I am opposed to it upon two grounds, the of commercial brokers, $1,353 36 ; licenses for first of which would, of itself, be suflicient richly endowed. General Pierce, the surveyor
stock-brokers, $658 33 ; licenses for builders without the other. My opposition to it in the general of Colorado, in his report for 1865
and contractors, $462 51 ; licenses for busi- first place is the want of the necessary populaand by the way that report of General Pierce has been referred to by gentlemen on the other
ness and trade, or professions, $354 16 ; li- tion. The Senate are aware, every member
censes of butchers who sell butchers' meat at side of this discussion as being entirely correct
of the body must be aware, that in the deliber. retail, $197 50 ; licenses for livery stables, ations of the Convention by which the present and very thorough in its examination--says:
$215 01 ; licenses of peddlers who travel with Constitution was adopted, the cause of all "To a geologist nothing can be more certain than two horses or mules, $2,246 07; income tax, others which threatened most the defeat of the that at least one third of the plains of Colorado contain coal, and it has been found in enough localities
$38,079 67; tax on banks and insurance com- object which they had in view was the disparity to prove that that theory is correct. As yet very few panies, $765 04; licenses of wholesale dealers, between the States. From day to day the coal reins have been opened and worked, and most $3,531 83; licenses of retail dealers, $3,755 01; || patriotic men who constituted that body were of these are in lands that had been surveyed previous
licenses of hotels, $2,205 41 ; licenses of law- solicitous to avoid, if possible, the giving to to the discovery of the coal, so that the ainount found and returned by thesurveyors is comparatively small. yers, $533 33.
the smaller States a voice in the Senate of the 39Th Cong. Ist SESS. ---No. 137.