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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.


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