But justice to the people of the several States requires that this rule should be established by Congress.  Each State is entitled to two Senators and at least one Representative in Congress.  Should the people of the States fail to elect a Vice-President, the power devolves upon the Senate to select this officer from the two highest candidates on the list.  In case of the death of the President, the Vice-President thus elected by the Senate becomes President of the United States.  On all questions of legislation the Senators from the smallest States of the Union have an equal vote with those from the largest.  The same may be said in regard to the ratification of treaties and of Executive appointments.  All this has worked admirably in practice, whilst it conforms in principle with the character of a Government instituted by sovereign States.  I presume no American citizen would desire the slightest change in the arrangement.  Still, is it not unjust and unequal to the existing States to invest some 40,000 or 50,000 people collected in a Territory with the attributes of sovereignty and place them on an equal footing with Virginia and New York in the Senate of the United States?

For these reasons I earnestly recommend the passage of a general act which shall provide that, upon the application of a Territorial legislature declaring their belief that the Territory contains a number of inhabitants which, if in a State, would entitle them to elect a Member of Congress, it shall be the duty of the President to cause a census of the inhabitants to be taken, and if found sufficient then by the terms of this act to authorize them to proceed “in their own way” to frame a State constitution preparatory to admission into the Union.  I also recommend that an appropriation may be made to enable the President to take a census of the people of Kansas.

The present condition of the Territory of Utah, when contrasted with what it was one year ago, is a subject for congratulation.  It was then in a state of open rebellion, and, cost what it might, the character of the Government required that this rebellion should be suppressed and the Mormons compelled to yield obedience to the Constitution and the laws.  In order to accomplish this object, as I informed you in my last annual message, I appointed a new governor instead of Brigham Young, and other Federal officers to take the place of those who, consulting their personal safety, had found it necessary to withdraw from the Territory.

To protect these civil officers, and to aid them, as a posse comitatus, in the execution of the laws in case of need, I ordered a detachment of the Army to accompany them to Utah.  The necessity for adopting these measures is now demonstrated.