The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-29
ANOTHER VETO.
The President objects to the Colorado Bill.

Dill AN ACb TO admit the State OF GOlu-
RADIO into the Union," to which cannot con-
sistently with my sense OF duty give my ap-
proyal. with the exception OF an additional
stantially the same as the bill OF a similar title
passed by Congress during the last session, sub
mitted to the President for his approval, re-
turned with the objections contained in mes
sage bearing date the 18th of May last. and yet
awaiting the reconsideration Of the Senate.
A second bill, having in view the same pur-
pose has now passed both Houses OF Congress,
has been presented for my signature. Having
again carefully considered the subject, have
been unable to perceive any reason for chang
ing the opinions which have already been
communicated to Congress- find, on the con-
tTary, that there are many objections TO the
proposed legislation OF which / was not at that
time avs re, and that while several OF those
gained in strength, yet others have been Gre
ated by the altered character of the measure
now submitted. The Constitution under which
this State Government is proposed to be formed
very properly contains provision that all laws
in force az the time of'its adoption and the
admission of the state into the Union shall
continue as If the Constitution had been
adopted. Among these laws IS one absolutely
prohibiting negroes and mulattoes from the
right to sit as jurors. tJ
This bill was vetoed by the Governor of the
Territory, who held that by the laws of the
United states negroes and mulattoes are citi-
zens, and subject to the duties as well as
titled TO the rights OF citizenship. The bill how
ever, was passed, the objections ofthe Governor
TO the contrary notwithstanding, and is now a
law in the Territory. Yet in the bill now before
me, by which it is proposed to admit the Terri
tory as a state, it is provided that "there shall
be no denial of the elective franchise or any
other rights to any person by reason Of race or
color, excepting Indians not taxed" The tncon-
gruity thus exhibited between the legislation
of Congress and that of the Territory, taken in
conheCtioh WIN Tue protest against Ile autnls-
sion of the State, hereinafter referred to. would
seem clearly to indicate the impolicy and in
justice OF tNS proposed enactment
IL might, indeed, be subject Ofgrave inquiry,
and doubtless Will result in such inquiry II this
bill become a law, whether it does not attempt
TO exercise n power not conferred upon Con-
RrpgS nv the Federal Constitution That N
ment simply declares that Congress may admit
new States into the Union. 1t no where says
that Congress may make new States for the
purpose of admitting them into the Union for
any other purpose. And yet this bill is clear
an attempt to make the institutions as any one
which the people themselves could engage. In
view OF this action of Congress, the House of
Representatives OF the Territory have earnestly
protested against being forced into the Union
without nTst having the question submitted to
the people.
Nothing could be more reasonable than the
position which they thus assume, and it GER
tainly cannot be the purpose of Congress to force
upon community, against theirwill, q govern
ment which they do not believe themselves ca
pabe of sustaining.
The following is a copy Of the protest alluded
to as ofhcially transmitted TO me-
Whereas, II is announced in the public prints
that it is the intention of Congress to admit Co.
dorado as a state in to the Union; therefore,
RESOLVED, By the House of Representatives of
this Territory, that representing as we do the
last and only legal expression of public opinion
on this question, we earnestly protest against
the passage of law admitting the State with
out first having the question submitted to q vote
of the people for the reasons,
First. That we have right to a voice in the
selection OF the character of our government.
Second. That we have not sufficient popula-
tlon to support The expenses OF State govern
ment.
For these reasons we trust that Congress will
not force upon us government against our
Upon information which considered reliable
assumed, in my message of the 18th of May
last, that the population of Colorado was not
more than thirty thousand, and expressed the
opinion that this number was entirely too small
either to assume the responsibility or to enjoy
the privileges of State.
1t appears that previous to that time the Le-
gislature, with q view to ascertain the exact
condition of the Territory had passed law au-
thorizing census of the population to be taken.
The law made it the duty of the assessors in the
several counties to take the census in connec-
tion with the annual assessments; and, in order
TO secure a correct enumeration Of the popula-
tlon, allowed them a liberal compensation for
the service by paying them for every name
they returned, and added to their previous oath
OF office an oath to perform this duty with
fidelity. From the accom- panying official rerort
it appears that returns have been received from
fifteen of the eighteen counties into which the
State is divided, and that their population
amounts in the aggregate to twenty-four thou
sand nine hundred and nine. The three re-
manning counties are estimated to contain
three thousand, making total population of
twenty-seVen thousand nine hundred and nine.
The census was taken in the summer season.
when IL is claimed that the population is much
larger than at any other period, as in the
autumn miners in large numbers leave their
their summer enterprise. The population, it
will be Observed is but slightly in excess OF one
fifth of the number required as the basis of re-
presentation for single Congressional Dis
trict III any of the States, that number being
one hundred and twenty-seven thousand. lam
unable TO perceive any good reason for such
great disparity in the right of representation,
giving, as IL would, to the people of Colorado,
not only this vast advantage In the House OF
Representatives but an equality in the Senate,
where the other States are represented by mil
lions. With, perhaps, a single exception, no
attempted.
/ know that it is claimed that the population
of the different States at the time of their ad-
mission has varied at different periods, but 1t
has not varied much more than the population
of each decade, and the corresponding basis OF
representation for the different periods. The
obvious intent of the Constitution was, that no
state should be admitted with less population
than the ratio for a Representative at the time
section of the first article of the Constitution
declaring that Each State shall have at least
one Representative" was manifestly 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 was never intended as
q warrant TO force new State into the Union
with representative population far below that
which might at the time be required of sister
members of the confederacy. This bill in view
of the prohibition OF the same section which de-
clares that The number of Representatives
shall not exceed one for every thirty thousand, +"
is at least violation of the spirit ii not of the
letter of the Constitution,
1t is respectfully submitted that, however
Congress, under the pressure of circumstances,
may have admitted two or three States with
less than a representative population at the
time, there has been no instance in which an
application for admission has ever been enter
tanned when the population, as officially ascer-
tanned, was below thirty thousand. Were there
any doubt OF this being the true construction of
the Constitution, it would be dispeled by the
early and long-continued practice of the Fede-
raj Government. For nearly sixty years after
the adoption of the Constitution, no State was
admitted with population believed at the
time TO be less IMAM the current Re-
preventative, and the first instance in which
Hhnrn have hpan a do, frnD