Between the introduction of the Enabling Act and the date of its approval, the legislative body of this distant Territory undertook to make this fundamental change in its electoral law; and then I say that people fell more than in the fall of their population. Their population has diminished; but they, unhappily, have deteriorated in political character, and have not now the same noble elements of political life by which they were once commended.
Sir, I might say more on the question, whether any power can be derived under this Enabling Act. I think, however, that has been enough discussed. All must see, that, whatever its original character, whatever powers may have proceeded from it, they have all been exhausted, and the act has practically expired; it is functus officio,—it is a dead act; and this Territory is no more authorized to proceed under it than any other Territory is authorized to proceed under it. It is not in any respect applicable. It has ceased to have any legislative potentiality. Therefore, Sir, whatever this people have undertaken to do they have done without any Enabling Act; they are a voluntary body, proceeding by voluntary action, without previous sanction of Congress, and all that they do is submitted to the judgment of Congress, which is in no respect bound or compromised in the least by any previous proceeding. We approach the question now precisely as if there had been no Enabling Act,—as if the name of Colorado (a pleasant name I trust it may be hereafter in these Halls) had never before found echo here. The whole question is absolutely new from beginning to end; and we must approach it under all the responsibilities of our position, looking at it on the evidence, according to the facts, in order to determine whether now, at this moment, under these circumstances, we shall be justified in ceding to this community all these great powers.
There was one argument of the Senator from Kansas [Mr. Lane] which was an appeal to us personally,—to my excellent friend from Ohio, to my excellent colleague, and to other Senators who had been here in other days, when Kansas was in danger, and in that
“well-foughten field
We kept together in our chivalry.”
Sir, it is the pride of my life that at that time I was able to do something for the State which the Senator represents on this floor. I did it sincerely, honestly believing it my duty at the time, because I saw well the peril of dependent condition, and that it could be saved only by the interference of Congress, the swiftest intervention, which would not brook delay. Therefore, Sir, for the sake of peace, and as I would succor a fellow-man in agony, I exerted myself in every way to invest Kansas with all the privileges and self-protecting powers of a State. The case was peculiar and exceptional; it was also historic. It cannot be cited as a precedent now. As well cite what you do to save a drowning man just sinking for the last time, as a proper precedent for conduct in daily life. The case of Colorado is to be met on the facts; it is not an exceptional case; it is a simple case. Meet it, therefore, on the facts and on its simplicity.
At the suggestion of others, and in order to reach an immediate vote on the bill, Mr. Sumner withdrew his amendment.
On the question of its engrossment for a third reading, the bill was rejected,—Yeas 14, Nays 21.
March 14th, Mr. Wilson, of Massachusetts, who had voted with the majority, moved that the Senate reconsider the vote rejecting the bill, thus keeping the question open for further debate.