New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-29
THE LAs4F'VETo.

TO THE SENATE,
s1rElsonApH TO n Y.
WAsHINGTON Monday Jan. %, 1867
The following Veto Message has been communicated
to Congress by the President of the United States;
To the Senate Of he United States;
Ireturn to the Senate in which House It originated
bin entitled "An Act to admit the State Of Colorado INTO
che Union" to which cannot consistently with my scio0
OF duty, give my approval With the exception VI a"
additional section containing Provisions is SUI
etanaly the same as the bill of similar ue passou ny
Congress during the last session, submitted u 'Ho 20
dent for his approval, returned win tAe oyeo'iois
contained in a message bearing ua'e tno i''H VI
MAY last and yet awaiting the RECONSIDERATION
~ t6a senate second bill, having in view
fhe Same purpose has passed both Houses OF Con
oross and been presented for my signature. Having
an carefuly considered the subject have been unable
20 pereiye any for changing the opinions which
have already been communicated TO Congress find
Tire contrary many objections to the proposed
legislation Of which not at that time aware and
that while several Of those which then assigned have
An the gained in strength yet others have been
created 10y the altered character Of the sub
mted The Constitution under which this State Govern
ment proposed TO be formed very properly contains
provision that all laws in force at the time Of its adoption
and the admission Of the State into the Union shall con-
finue the Constitution had not been adopted Among
those laws is absolutely prohibiting negroes ana
mulatoes from the right to sit jurors. This bill was
vetoed by the Governor Of the Territory who held that
are citizens and subject the duties well entitled
so the rights of citizenship. The BILL however, was
passed the objections Of the Governor to the contrary
Notwithstanding and is law Of the Terliory yet
n the bill before by which it is proposed to admit
the Territory a State, 1t is provided that
there shall be no denial OF the elective fran
chise. or any other rights to any person, by
incongruity thus exhibited between the legislation of
Congress and that OF The Territory taken in connection
with the protest against the admission of the state here
inafter referred TO- would seem clearly to indicate the
less will result I'm such inquiry if this bill become law,
conferred upon Congress by the Federal Constitution
That instrument simply declares that Congress may
Congress may make States for the purpose Of admit
ting them into the Union or for any other purpose and
yet this bill is clear attempt TO make the institu
lions any which the people themselves could engage
an view of this action of Congress the House Of Repre-
sentatives Of the Territory have earnestly protested
against being forced into the Union without first having
the question submitted the people Nothing could be
more reasonable than the position which they thus
assume and it certainly cannot be the purpose of Con-
government which they do not believe themselves ca
pable Of sustaining. The following is copy OF the protest
alluded TO as officially transmitted to me-:
Whereas 1t is announced in the public prints that it
Is the intention Of Congress to admit Colorado State
ResolSed BY the House Of Representatives Of this
legal expression Of public opinion on this question.
earnestly protest against the passage of law admitting
vote of the people for the reasons: First that we have
right TO in the selection of the character OF
government second that have not sufficient popu
latiOn 20 support the expenses Of State Government
For these reasons trust that Congress will not force
upon government against Will"
Upon information which L considered reliable as
population Of Colorado not more than 10000 aud
pressed the opinion that this number was entirely too
small either TO assume the responsibility or TO enjoy the
privileges OF State. IL appears that previous 10 that
time the Legislature, with view to ascertain the exact
condition OF the Territory, had passed law authorizing
census Of the population to be taken The law made 1t
che duty Of the In the several counties TO take
the census in connection with the annual assessments
and in order TO secure correct enumeration OF
6e om Tor IPT aGd added d gbe Ic eos eoe
of office, oath perform this duty with fidelity. From
have been received from the Is ont Of IS counties into
which the State is divided and their population amounts
In the aggregate to 2l909 the three remaining counties
estimated to contain 5000 making total population
OF 800. This taken in the Summer season.
when il Is claimed the population is much larger than at
ber their work and return to the East with the
suits OF their summer enterprise me population,
1t VIII be observed, is put snghty III excess
Of one-fifth Of the number required as the
basis of representation for single Congressional
district in any Of the states, that number being l2I
unable TO perceive any good reason for such great dis
parity IN the right OF representation giving as IL would,
TO the people of Colorado not only this vast advantage ia
the House Of Representatives but an equality in the
with perhaps single exception, such inequality as
this has ever before been attempted know that It is
time Of their admission has varied at different periods but
It has varied much more than the population Of each
decade and the corresponding basis OF representation for
son was fba no state should be admitted with less pop
uation than the ratio Of representation at the time Of APP
pcaOn The limitation in the second section Of the first
article Of the Constitution declaring that Each state
shsIi have at least one representative was maniiesy
designed to protect the states which originally composed
the Union from being deprived, in the event Of waning
population, Of a voice in the popular branch OF
Congress, and never intended as warrant
to force a State into the Union with q repre-
sentative population far below that which might nj the
be required Of sister members of the COnfedcTacy
This bil view OF the prohibition Of the section,
which declares that the number Of Representative snail
the spirit not OF the letter of the Constitution IL IS
respectfully submitted that however Congress under the
pressure Of circumstan may have admitted two or
States with less than Representative population at
ton for admission has been entertained when the
population, officially 9scertained below $1,000.
Were there doubt Of this being the true construction
Constitution it would be Of spelled by the early and
lOngcOntinued practice OF the Federal Government. For
years after the adoption OF the Constitution
State admitted with population believed AT the
time u be less than the current ratio fOr representative,
and the first instance IN which there TO have been
departure from the principle I'm 1915, in the of
Florida. Obviously the result OF sectional strife,
EyOud do well regard it a warning OF evil rather
than as example for imitation aud think candid
men of all parties viii agree that the inspiring
wholesome principle OF restraint Is 10 DC
found in vain attempt to balance those antagoisns
which refused 10 be rccOnccd except through the bloody
arbtrament Of arms. The plain facts Of our history VIII
attest that the great aud leading States admitted since
1915 viz. Iowa, Wisconsin, California Minnesota, ana
Kansas including Texas. which admitted that year.
have all come with ample population for one repre-
sentative, and Of them with nearly or quite enough
SOr two To demonstrate the correctness OF my views on
this question, sublOn table containing list OF the
States admitted since the adoption Of the Federal COnsn-
tuition, with the dates OF admission, the ratio OF repre-
mtted deduced from the United States Census tables;
the calculation being made for the period Of the decade
corresponding with the date OF admission
States Admitted Ratio. Population.