re the country for
consideration and decision. This would seem to be eminently wise,
because, as has already been stated, if it is right to admit Colorado
now there is no reason for the exclusion of the other Territories.

It is no answer to these suggestions that an enabling act was passed
authorizing the people of Colorado to take action on this subject. It is
well known that that act was passed in consequence of representations
that the population reached, according to some statements, as high as
80,000, and to none less than 50,000, and was growing with a rapidity
which by the time the admission could be consummated would secure a
population of over 100,000. These representations proved to have been
wholly fallacious, and in addition the people of the Territory by a
deliberate vote decided that they would not assume the responsibilities
of a State government. By that decision they utterly exhausted all power
that was conferred by the enabling act, and there has been no step taken
since in relation to the admission that has had the slightest sanction
or warrant of law.

The proceeding upon which the present application is based was in the
utter absence of all law in relation to it, and there is no evidence
that the votes on the question of the formation of a State government
bear any relation whatever to the sentiment of the Territory. The
protest of the house of representatives previously quoted is conclusive
evidence to the contrary.

But if none of these reasons existed against this proposed enactment,
the bill itself, besides being inconsistent in its provisions in
conferring power upon a person unknown to the laws and who may never
have a legal existence, is so framed as to render its execution almost
impossible. It is, indeed, a question whether it is not in itself a
nullity. To say the least, it is of exceedingly doubtful propriety to
confer the power proposed in this bill upon the "governor elect," for as
by its own terms the constitution is not to take effect until after the
admission of the State, he in the meantime has no more authority than
any other private citizen. But even supposing him to be clothed with
sufficient authority to convene the legislature, what constitutes the
"State legislature" to which is to be referred the submission of the
conditions imposed by Congress? Is it a new body to be elected and
convened by proclamation of the "governor elect," or is it that body
which met more than a ye