ADMISSION OF OREGON 367
better for the Republican party to preserve for itself the con- sistency which it possesses, rather than attempt to recover for the Democrats the consistency which they have lost.
Then, sir, in relation to this qualification of population, what is the position of the Republican party, and what has it been? This party, by its Representatives, voted for the ad- mission of Kansas under the Topeka Constitution, with less than one-half of the present population of Oregon. The Re- publican party in the House, with one exception, so far as I know, voted for the enabling act inviting Oregon to come here, with a Constitution, to be admitted as a state. I have no dis- position, and there is no need, to inquire here what is the population of Oregon; for, as a Republican, I am pledged to no rule on this subject.. I opposed, as did my colleague, and my friends on this side of the House, the restriction which was put upon the Territory of Kansas. We protested against it then, and protest against it now. We have no sympathy whatever with that restriction, and are ready, at any time, to give an honest vote for its repeal.
Another objection is urged against the clause in the Consti- tution of Oregon which excludes negroes and mulattoes from that Territory; and, in addition, provides that they shall not bring any suit therein. It is said that this is in contravention of the Constitution of the United States. This I do not admit. But what if it is ? The Constitution presented by the people of Oregon is not submitted to our vote. We cannot amend it; all we have to do about it is to see that it is republican in form. If it is unconstitutional, it is not in the power of Congress to impart to it the least vitality, and it will fall by its own weight. But gentlemen argue here, as if we could by our votes give life and power to an instrument in violation of the Constitution of the United States. Sir, this argument is weak and futile, Congress itself derives its own vitality from the Constitution, and how can it impart a greater vital force than it has re- ceived ? The stream cannot rise above its source.
But should the Constitution of Oregon be proved uncon- stitutional before the proper tribunal, then, sir, will it follow
