Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-07
M L > S A G Z
OF THE
PRESIDENTO OF THE UNITED STATES
vruu, m -rr3 r1r1n1
VETO OF THE COLORADO BILL

II originated, q bill entitled " An act *
q admit the state of Colorado into th,
. Union to which cannot, consistently
with my sense Of duty give my ap
Z. proval- With the exception Of an addi
tiOnal section, containing new provi
I sions, it Is Substantially the same as the
. bill Of similar title passed by congres,
:. during the last session, submitted to the
= president for his approval, returned
!, with the objections contained in
message bearing date the 18th
> Of May last, and get awaiting
the reconsideration of the senate
L A second bill, having in view the same
! purpose, has now passed both houses oi
=. congress, and been presented for my
signature. Having again carefully con-
!, sldered the subject, / have been unable
!. I to perceive any reason for changing the
opinions which have already been com
municated TO congress. / tind on the
J. contrary, that there are many objections
, to the proposed legislation Of which 1 was
! not at that time aware, and that while
several Of those which i then assigned
have IN the interval gained in strength
yet others have been created bv the
I altered character Of the measures now
submitted.
The constitution under which this state
government Is proposed to be formed.
very properly contains 8 provision that
all laws in force at the time of its adop-
ton and the admission of the state into
the union, shall continue as if the consti-
tuition had not been adopted. Among
those laws is absolutely one prohibiting
negroes and mulattoes from voting. AT
the recent session Of the territorial legis-
lature bill for the repeal Of this law,
introduced into the council, was almost
unanimously rejected; and the very time
when congress was engagedrf enacting
the bill now under consideration, the
legislature passed an act excluding ne
groes and mulaJtOes from the right to sit
As jurors. This bill was vetoed bv the gov
ernOF Of the territory, who held that by
the laws of the United States negroes and
mulattOes sre citizens and subject to the
duties as well as entitled to the rights Of
citizenship. The bill, however, was
passed, the objections Of the governor 70
the contrary Notwithstanding, and is
now law Of the territory Yet, in the
bill now before me, by which ID is pro-
posed to admit the territory as a state, it
| is provided that there shall be no de-
I Dial Of the elective franchise or any other
rights 70 any person by reason of race or /
/ color, excepting Indians not taxed .
| The incongrUity thus exhibited between
! the legislation Of congress and that of
1 the territory, taken in connection with
/ the protest against the admission of the /
! state, hereinafter referred to, would seem
/ clearly to indicate the impOh.y and in
] just &c Of the proposed enactment.
I It might indeed be a subject of grave
I inquiry, and doubtless will result in such |
| inquiry if this bill becomes a law, |
/ whether it does not attempt to exercise a !
/ power not conferred upon congress by the |
/ federal constitution. That instrument |
| simply declares that congress may admit |
( new states into the union. II nowhere I
l SAYS that congress may make new states |
i for the purpose Of admitting them into /
| the union, or for any other purpose and |
/ yet this bill is as clear an attemptto 10 make /
/ the institutions as any IN which the peo-
| pie themselves could engage.
J In view Of this action of congress, the /
4 house Of representatives Of the territory /
/ have earnestly protested against being /
/ forced in5O the union without first hav- /
! ing the question submitted TO the people. !
| Nothing could be more reasonable than .
| the position which they thus assume /
| and it certainly cannot be the purpose of /
! congress to force upon a community,
| against their will, government which /
/ they do not believe themselves capable /
of sustaining.
The following is a copy Of the protest
alluded TO, as officially transmitted 20
me:
Whereas it Is announced in the pub
! lie prints that it is the intention of con-
/ gress TO admit Colorado as q state into
D the Union Therefore,
| ResOiUcd dy the House al ReDrCseHta-
/ tires 0f this territory, That, represents
/ ing, as We DO, the last and only legal eX
/ pres ion Of public opinion on this ques-
/ tion we earnestly protest. against the
| passage Of the law admitting the state
/ without first having the question sub
mitted 10 3 vote Of the people, for the |
| resOns first, that We have a right 10 a
voice In the selection Of the character Of
our government; second, that We have
not a sufficient population TO support the
| expenses Of state government. For
/ these reasons we trust that congress will
/ not force upon US government against
our will.
Upon information which / considered
\ reliable, I assumed in my message Of the
! 18th Of May last that the population Of
/ Colorado was not more than thirty thous-
/ and, and expressed the opinion that this
numbe was entirely too small either TO
assume the responsibility or to enjoy the
privileges Of 9 state
It appears that, previous to that time, /
I the legislature, with a view TO ascertain
I the exact condition Of the territory, had |
I passed law authorizing a ceCsus Of the /
population % be taken The law made
/ IL the duty Of the assessoTs in the several /
counties 70 take the census in connection
l with the annual assessne ents, and in or
/ der to secure a correct enumeration Of
| the population, allowed them a liberal |
| compensation for the service by paying /
/ them for every name returned and added /
4 10 their previous oath Of Office an oath to
perform this duty With fidelity.
From the accompanying official report |
/ it appears thai returns have been re-
ceived from fifteen Of the eighteen cOun-
/ ties into which the state is divided, and 1
| that their population amounts in TIE ag
! gregate 70 tWeuty-four thousand nine i
hundred and nine. The three remain
I ing counties are estimated 70 contain i
| three thousand making a total popuia-
| ton Of twenty-seRen thousand nine hum
/ dred and nine, =, ,9O5b
This census was taken in the summer
season, when il is claimed that the popu-
/ lation is much larger than at any other 4
! period, ~ in the autumn miners In large /
numbers leave their work and return 10
the east, with the results of their simmer
enterprise.
The population, Il will be observed, is
but slightly ia excess Of one-hfth gf the
number required as The basis Of repre-
/ seDtation for a single congressional dis
trict in any Of the states, the number
being p, 600.
am unable 70 perceive any good rea-
son for such great disparity in the right
/ Of representation, giving, as it would, TO
the people Of Colorado not only this vast
advantage in the house of represent
| atives, but an equality in the senate,
where The other states are represented by
millions. With perhaps a single excep-
ton, no such inequality as this has ever
before been attempted ! know that il
is claimed that the population Of the diff
ferent states at the time OF their admis-
sien has varied at different periods but
il has not varied much more than The
population Of each decaie. and the cor
responding 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 Of applica-
ton. The Limitation, in the second sec
ton Of the first article Of the constitution,
declaring that each state shall have at I
least one representative, was manifestly
designed TO protect the states which
originally composed the union from be-
in9 deprived, in the event Of waning
population, Of voice in the popular
branch Of congress, and was never in
tended as warrant 20 force a new state
into the union with representative pop
ulation far below thar which might at
the time be required OF sister members Of
the eOnfederacy. 1nls oill, in view Of
the prohibition OF the same section. which
gl y t.r.. q /