After adducing additional evidence, Mr. Sumner proceeded to consider the obligations upon Congress from the Enabling Act, and here he said:-- If I understand the argument, it is, that Congress, by a statute, pledged itself in advance to admit this community as a State into the Union; that we are bound by such statute, so that we cannot escape the obligation; that, in short, we are tied up by our own statute. This is a strong assumption; but I believe it is an accurate statement of the position of the other side. Now, Sir, I think I can easily show that here is a great mistake. I may remind you that the President, to whom the question was naturally submitted, has expressly stated in a message to the Senate that in his opinion the new constitution was not formed in pursuance of the Enabling Act. … I have said that the Enabling Act had expired. These parties can claim nothing under it. It is like an obsolete statute, which we read in the statute-book, but never adduce for authority. It stands as a monument, showing what Congress required, and showing also what this community failed to perform. In adducing it, you bring authority against the present pretension; for you show clearly that the pretension had no foundation in the statute. But, Sir, even assuming that the Enabling Act was in a condition to be employed for the organization of this Territory,--which I claim it was not,--then it is my duty to go further, and show you that these parties, as the colored telegraphic correspondent from Denver alleges, did not in any respect comply with the Enabling Act.[277] Why, Sir? By the Enabling Act the Convention was to be called by the Governor. But it was called by the executive committees of political parties, being so many caucuses. Such was the origin of the convention to give you a new State. What authority for that do you find in the Enabling Act? Be good enough to point out a single word to justify any such transaction. And yet we are gravely told that this strange political hocus-pocus was by virtue of the Enabling Act,--as if in every respect it was not plainly inconsistent with the Act. But the Enabling Act declares that “the constitution, when formed, shall be republican.” This is a fundamental condition. And here I repeat what I have so often said, but which at this hour cannot be too often sounded in the ears of the Senate. I affirm with confidence, that a constitution which denies the first principle of human rights cannot be republican in form. Do you answer, that there are States having such constitutions? Then I reply: We are not called to sit in judgment on those constitutions; we have no power to revise them; we are not to vote upon them; but we are called to sit in judgment upon this constitution, to revise it, and to vote upon it. You are now to declare by your votes whether this constitution which tramples upon the principle of human equality is republican in form. I insist that it is not.