The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-01-31
The Nebraska BilI-AuOfhcr Veto
Message.


To he Senate Of The United States:
return for reconsideration bill enti-
tcd ian act for the admission Of the State
II Nebraska into the Union" which origi-
,ated in the Senate, and has received the
.,>cnt Of both Houses Of Congress. A bill
lqyinC in view the same object was pre-.
scatcd for my approval few hours prior
:, the adjournment OF the last session: but
submitted at time when there was no
opportunity for proper consideration Of
the subject, withheld my signature, and
tbe measure failed to become a law.
Ii appears by the preamble Of this bill
,lat the people Of Nebraska, awaiting
themselves Of the authority conferred upon
,.tm ny the act passed on the 10th Of
April, 1864, have adopted a constitution,
which, upon due examination, is found to
,aaform 10 the provisions and comply with
M, conditions OF said act, and 70 DC repub-
lean in lis form Of government, and that
thtv now ask for admission into the Union"
proposed law would therefore seem to
Af based upon the declaration contained
The enabling act, that upon compliance
,..h lis terms the people of Nebraska
should be admitted into the Union upon
an equal footing with the original States.
Reference to the bill, however, shows
tia, while, 10y the first section, Congress
distinctly accents, ratiieS, and confirms
.lc Constitution and State Government
which the people of the Territory have
formed Tor themselves, declares Nebraska
81. he one OF the United States Of America,
sal admits her into the Union upon an
pnal footing with the original States in all
aspects Whatsoever; the third section
divides that this measure "Shall not take
.F.ct except upon the fundamental condi-
ION that within the State of Nebraska
mere shall be no denial of the elective
-auchi>c, or Of any other right, to any
.,-Sna, by reason OF race or color, except
~r indians not taxed and upon the fur
:her fundamental condition that the Legis-
...u-c OF said State, by solemn public
st. shall declare the assent of the said
safe 10 the said fundamental condition,
.rl shall transmit 10 the President Of the
United States an authentic copy of said
set: upon receipt whereof the President,
.v proclamation, shall forthwith announce
the fact, whercupou said Fundamental con-
80,iOn shall he held as part Of the organic
avg OF the State: and thcreupon, and with
mt any further proceedings on the part of
Congress, the admission Of said State into
the Union shall be considered as com
plete." :
IuiS condition is not mentioned in the
original cna6lingact was not contemplated
al the time of its passage, was not sought
rs the people themselves, has not hereto
lore been applied 10 the Inhabitants of any
State asking admission, and is in direct
conflict with the Constitution adopted by
the people and declared in the preamble
"to De republican in lis form Of govern
rrut": for in that instrument the cXer-
Use OF the elective franchise and the right
hold office are expressly limited TO
wife citizens OF the United States. Con-
c-csS thus undertakes to authorize and
,npel the Legislature to change the Con-
,.,utinD, which il is declared in the pre-
ublc las received the sanction of the
rcop,c. and which by this bill is accepted,
.1tf,ca, and confirmed" by the Congress
@. the nation.
The first and third sections of the bill
exhibit vet further iucougru.ty. By the
.e, Nebraska is "admittud into the
r.oa upon an equal footing with the
original States in all respects whatso-
ever: while, by the ether, Congress de-
n8uds, as a condition precedent 10 her adj
mission, requirements which in our history
.avea never been asked Of any people when
presenting a constitution and State govern
men. for the acceptance OF the law making
power. 1t is expressly declared by the
;hiri section that the bill "shall not take
fleet except upon the fundamental condi-
non that within the State OF Nebraska
there shall be 10 denial of the elective
franchise. or of any other right, to any per-
,0a, hv reason Of race or color, excepting
Indians 10; taxed.
Neither more nor less than the assertion
O. the right Of Congress 10 regulate the
elective franchise of any State hereafter
., be admitted, this condition is in clear
collation. Of the Federal Constitution, under
ae provisions of which, from the very
.yundation of the Government, each State
las been left free TO determine for itself
t4e qualifications necessary for the exer-
else of suffrage within its limits. Without
precedent in our legislation, it is in marked
contrast with those limitations which, I'M
posed upon States that from time to time
have become members of the Union, had
tur their object the single purpose of pre-
venting any infringement OF the ConStltu-
ton of the country. If Congress is salts
led that Nebraska, at the present time,
possesses sufficient population to entltle
her to full representation in the councils
d, the nation, and that her people desire
av exchange OF q territorial for a State
Government, good faith would seem to de-
mand that she should be admitted without
further requirements than those expressed
in the enabling act, with all Of which, II IS
as,erted in the preamble, her inhabitants
have complied.
Congress- may, under the Constitution,
admit new States or reject them, but the
people of a State can alone make or change
their organic law, and prescribe the quail
acations requisite for electors. Congress,
lewever, in passing the bill in the shape IN
which il has been submitted for my ap-
prevail, does not merely reject the appll-
cation of the people Of Nebraska for pre-
sent admission as a State into the Union,
On the ground that the constitution which
they have submitted restricts the exercise
the elective franchise 10 the white popu-
4,ion, but imposes conditions which, If
accepted by the Legislature, may, with
cut the consent of the people, 50 change
the organic law as to make electors OF all
persons within the State, without distinc-
tou Of race or color.
In view Of this fact, l suggest, for the
consideration of Congress, whether 1T
would not be just, expedient, and in ac
corlauce with the principles OF our Go
Hernmcut, to allow the people, by popular
vote, or through convention chosen by
Themselves for that purpose, TO declare
whether or not they will accept the terms
uyou which it is now proposed to admit