Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-01-07


have received and considered bill enti-
tied "An act to regulate the elective franch ise
in the District of Columbia" passed by the
Senate on the 18th Of December. and by the
House of Representatives on the succeeding
day. 1t was presented for my approval on
the Goth nltimo-six days after the adjourn.
ment of CoDgress-and Is now returned with
my objections TO the Senate, in which House
IL originated. rH
Measures having been introduced, at the
commencement of the first session Of the pres
ent Congress- for the exten sion of the elective
franchise 20 persons of color in the District of
Columbia, steps were taken by the corporate
authorities of Washington and GeOrgeto wn to
ascertain and make known the opinion OF the
people OF the two cities upon a subject so i'm
mediately affecting z their welfare as a comma
nifty. The question was submitted to the peo-
PIE al special elections, held In the month Of
December, 1865, when the qualified voters of
Washington and Georgetown, with great una
nimity of sentiment, expressed themselves
opposed to the contemplated legislation. In
Washington, in a vote of 6,556-the largest,
with but two exceptions, ever polled in that
cIty-only thirty five ballots were cast for
negro suffrage; while in Georgetown, in an
aggregate of Sl3 votes--a number considerably
in excess of the average vote at the four pre-
cediDg annual elections-but one was given IN
favor of the proposed extension of the elec-
tive franchise. AS these elections seem TO
have been con Quoted with entire fairness, the
result must be accepted "a a truthful express
sion OF the opinion of the people of the Dis
trict upon the question which evoked it. Pos
sessiDg, as IN organized community, the same
popular right as the inhabitants of a State or
Territory, to make known their will upon
matters which affect their social and political
condition, they could have selected no more
appropriate mode OF memorializing Congress
upon the subject of this bill than throug the
sufrages OF their qualified voters.
Entirely disregarding the wishes of the people
ofthe District of Columbia, Congress has deemed
1t right and expedient TO pass the measure now
submitted for my signature. 1t, therefore. be-
comes the duty of the Executive, standing be-
tween the legislation of the one and the will of
the other. fairly expressed. to determine wheth-
er he should approve the bill, and thus aid in
placing upon the statute books Of the nation a
law against which the people TO whom IT, is to
apply have soemnly and with such unanimity
protested, or whether he shou Id return IL with
his objections in the hope that, upon recon.
stderatlon, Congress, acting as the representa-
tives Of the inhabitants of the seat of govern
ment, Will permit them to regulate purely
LEGAL question, as to them may seem best suited
TO their interests and condition.
The District of Columbia was ceded to the
United States by Maryland and Virginia. in
order that IL might become the permanent seat
OF government OF the United States. Accepted
by Congress, II at once became subject TO the
"eXelusive legislation" for which provision is
made III the Federal Constitution. 1t should
be borne in mind. however, THAI in exercising
its functions as the law-making power of the
District OF Columbia. the authority of the
National Legislature is not without limit but
that Congress is bound 10 observe the letter
and spirit of the Constitution, as well in the
enactment OF local laws for the seat OF govern
q
Union. Were IL TO be admitted that the right
Ito exercise exclusive Legislation in all cases
whatsoever" conferred upon Congress unlim-
tied power within the District OF Columbia
bills OF attainder and er post fdctO laws mIpht
be passed and titles OF nobility granted within
Its boundaries. Laws might be made srespect-
ing an establishment OF religion, or prohibiting
the free exercise thereof or abridging the free
dom OF speech or OF the press; or the right of
the people peacrably to assemble and to petit
ton the Government for a redress OF erIev
ances." The right OF the people to be secure
III their persons, houses, papers, and effects
against unreasonable searches ana seizures
might with lmpUnity be violated. The right Of
trial by jury might be denied, excessive bail
required, excessive fines imposed and crueI
and unusual punishments inflicted. Despo-
usm would thus reign at the seat of povarn
ment of free Republic and. as a place of ner.
manent residence, IL would be avoided by ALI
who prefer the blessings of liberty 10 the mere
emoluments OF officia position
IL should also be remem bered that in eglsia-
ung for me District of Columbia under the
Federal Constitution. the relation OF Congress
10 its inhabitants Is analogous to that of Lee
glsiature 10 the people of aStaee under their
own local constitution. II does not, therefore
seem 10 be asking TOO much that. in matters
pertaining TO the District, Congress should
nave like respect tor the will and interests
OF lts inhabitants as is entertained by State
Legislature for the wishes and prosperity of
those for whom they Legislate. The spirit of
our Consutution and the genius of our Gov.
ernment require that, in regard TO any Iaw
which Is TO affect and have q permanent bear
ing upon people, their will should exert at
least q reasonable influence upon those who
are tcung in the capacity Of their Legislators
Would, for instance, the Legislature of the
state OF New York, or Of Pennsylvania. or OF
lnoiana or OF any State IN the Union. in opps.
siten TO the expressed will of large majority
OF the people whom they were chosen TO rem
resent, arbitrarily force upon them, as voters
All persons OF the Afrlcan or negro race, and
make them eligible Tor Office. without any other
quaiihcaton than certain term OF residence
within the State In neither Of the States
named would the coored population, when
acnng toeetber, be able te produce any great
social or political result Yet, in New York.
before be can vote, the man OF color must YuI
t; HI eonoulons ~ that are not required OF the
franchise Is restricted TO white freemeu: while
in lndiana negroes and mulattoes are e. xpressIy
excluded from the right Of suffrage. IthardIy
seems consistent with the principles OF right
and justice that representatives Of States where
Suffrage is either denied the colored man. or
grated 10 him on qualifications req sirlng in.
teligence or property, should compel the peo-
pie of the Districtof Columbia to try an expsri.
ment which their own constituents have thus
Tar shown an uuwiiiinEness to test for them.
selves Nor does il accord with our republi.
can ideas that the prin ciple OF self government
should lose Its force when applied to the resi-
dents OF the District merely because their leg
isiators are not. like those Of The States respon
sible, through the ballor, to the peopIe for
whom they are the law making power
Ihe great object of placing the seat OF gov
ernment under the exclusive legislation Of
Congress, was to secure the entir e independ-
dence OF the General Government from un-
due State influence, and TO enable il TO dis
charge, without danger of interruption or in
frlngement OF its authority, the high functions
Tor which II was creaed by the people. For
this important purpose II was ceded TO the
United States by Maryland and Virginia and
teertainly never could have been contem.
plated, as one Of the obiecis to be attained by
placing ii under the exeSnsa ne jurisdiction of
Congress, that it would tsSssd co propagandists
or political parties place fer an experims nfaI
test OF their principles and theories. While,
indeed, the residents Of the seat OF government
are not citizens OF any State, and are not there.
fore allowed q voice in the electoral college,
OF representation in the councils Of the nation,
they are, nevertheless, American citizens en-.
tltled as such 10 every guarantee OF the Con-
stituuon, to every benefit of the laws, and to
every right which pertains to citizens of eur
common country. In all matters, then, affect.
ing their domestic affairs. the spirit Of our
Democratic form Of government demands that
their wishes shoUld be consulted and respect.
ed, and they taught to feel that, although not
permitted practically to participate in national
concerns, they are nevertheless under patsr.
mai GoveInment, regardful OF their rights,
mindful Of their wanis, and solIcitous for heir
prosperity. IL was evidently contem plated that
All local questions would be left to their
dseis ION, at laast 10 extent that would not be
incompatible with the, object for which Con.
erees was granted exclusive legislation over
of