Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-05
THE VETO OF COLORADO AND NJ
RWASKA


The President has vetoed the bills adj
hitting the territories of Colorado and
Nebraska as States, and returned them
with his objections. We have not space
for the message in full; but give below
the main reasons for his refusal to assent
Ia regard to Colorado, lac says
The constitution under which this State
government is proposed 10 be formed very
properly contains a provision that all laws
in force at the time of its adoption and
the admission of the State into the Union
shall continue a. if the constitution had
not been adopted Among those laws is
one absolutely prohibiting negroes and
mulattoes from voting. At the recent
session Of the Territorial Legislature a bill
for the repeal Of this law, introduced into
the council, was almost unanimously re-
iected and at the very time when Congress
was engaged in enacting the bill now under
consideration, the Legislature passed an
act excluding negroes and mulattoes from
the right TO sit as Jurors. This bill was
vetoed by the Governor of the territory,
who held that hv the laws Of the United
States negroes and mulattoes are citizens
and subject TO the duties as well az entitled
90 the rights Of citizenship. This bill, how
ever, was passed, the objections of the Gov
ernor 10 the contrary Notwithstanding, and
is now a law Of the territory. Yet in the
bill now before me, 10y which it is pro-
posed TO admit the territory "a a State, it
is provided that there shall be 40 denial
81. al
TO any person of race or color, excepting
Indians not taxed The inoongruity thus
exhibited between the legislation of Con-
gress and that of the territory, taken in
connection with the protest against the
admission of the State, hereinafter referred
to, would seem clearly to indicate the inn
policy and injustice of the proposed enact
ment.
Ii might indeed be a subject of grave IN
quiry, and doubtless will result in such in
quiry if this bill becomes a law, whether it
does not attempt 20 exercise q power not
conferred upon Congress by the Federal
That instrument simply de-
clares that Congress may admit new States
into the Union. IL nowhere SAYS that Con
gress may make new States for the purpose
OF admitting them into the Union, or for
any other purpose; and vet this bill is a.
clear an attempt to make the institutions as
any in which the people themselves could
engage.
In rejecting the Nebraska bill, he says
Ii appears, by the preamble Of this bill,
that the people of Nebraska, ayailing them
selves Of the authority conferred upon them
by the act passed on the 18th Of April
1864 have adopted constitution, which,
upon due examination, Is found 10 conform
to the provisions and comply with the con
ditions of said act, and 70 be republican in
It's form Of government, and that they now
ask for admission into the Union. This
proposed law would, therefore. seem 10 be
based upon the declaration contained in the
act, that upon compliance with
is terms, the people Of Nebraska should be
into the Union upon an equal
footing with the original States.
Reference 60 the bill, however. shows
that while by the first section, Congress
distinctly accepts, ratihes, and confirms the
and State government which
the people Of the territory have formed for
themselves, declares Nebraska 10 be one of
the United States Of America, and admits
her into the Union upon an equal footing
with the original States in all respects
v hatsoeyer, the third section provide that
Ibis measure shall not take effect except
upon the fundamental condition, that with
in the State of Nebraska there shall be no
denial of the elective franchise, or Of any
other right 20 any person by reason Of
race on color, excepting Indians not taxed
ard upon the further fundamental condi-
ton that the Legislature Of said State, by
solemn public ACT, shall declare the assent
OF sald state 90 the said fundamental con-
dluon, aud shall transmit 20 the President
OF The United States an authentic copv of
said act upon receipt whereof, the Presi-
dent by proclamation, shall forthsith an.
nounoe the fact whereupon said funda-
mental condition shall be held as a nan of
the organic law OF the State and there
upon, and without any further proceedings
on the part Of Congress, the admission Of
said State into the Union shall be consid-
cred a. complete" This condition is not
mentioned in the original enabling act
was not contemplated az the time Of it, pas
sage; was not sought by the people them
selves has not heretofore been applied 20
the inhabitants OF any State asking admis-
sion, and is in direct conflict with the con
stimuon adopted hy the people and de-
clared Ia The preamble 20 be- republican
in 10 form Of government :" ior in lhat ia
strument the exercise Of the elective fran
chise and the right 90 hold office are err
pressly limited 90 white citizens Of the