The national Republican., 1867-01-29
yrTo MESSAGE.
The Bill for the Admission orGelo-
rndo Heturned By the Presi6ant.

lreturn 70 the ocnhte, IN winch mouse ~
originated, bin entitled "an act TO admit
which cannot, consistently with my sense Of
Of an additional section, containing new pro-
visions, Il is substantially the same rs the
bill Of similar title passed by Congress
during the last session, submitted to the
President for bis approval, returned with
the objections contained in q message bear.
ing date the 18th May last, and yet await.
ing the reconsideration OF the Senate.
A second bill, having in view the samepur.
pose, has now passed both houses OF Com
gress, and been presented for my signature.
Having again carefully considered the sub
ject, l have been unable to perceive any
reason for changing the opinions which have
already been communicated to Congress. !
find, on the contrary, that there are many
objections to the proposed legislation Of
which was not at that time aware, and that
while several Of those which then assigned
have in the interval gained in strength, yet
others have been created by the altered char
acter Of the measure now submitted. r.
The constitution under which this State gov
ernment is proposed to be formed very proper
ly contains provision that all laws in force at
the time Of its adoption and the admission Of
DIhlt lntU tut OnlOu buull COntlnuG US IL
the constitution had not been adopted.
Among those laws is one absolutely prohib-
iting negroes and mulattoes from voting.
At The recent session Of the Territorial Leg
islature bill for the repeal Of this law in
troduced into the council, was almost unani-
mously rejected; and the very time when
Congress was engaged in enacting the bill
now under consideration, the Legislature
passed an act excluding negroes and mulat-
toes from the right to sit as jurors. This bill
was vetoed by the Governor Of the Territory,
who held that by the laws Of the United States
negroes and mulattoes are 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 to the con-
trary notwithstanding, and is now law Of
the Territory. Yet in the bill now before
me, by which II is proposed to admit the
Territory as State, 1t is provided that
there shall be no denial Of the elective
franchise or any other right, to any person,
by reason Of race or colors, excepting In
dams not taxed" The incongruity thus ex-
hibited between the legislation Of Congress
and that Of the Territory, taken in conn c.
tion with the protest against the admission
OF the State, hereinafter referred to, would
seem clearly to indicate the impolicy and
|
1t might indeed be a subject Of grave in
quiry, and doubtless will result in such in.
quiry il this bill becomes law, whether it
does not attempt to exercise power not
conferred upon Congress by the Federal
Constitution. That instrument simply de-
clares that Congress may admit new States
into the Union. 1t nowhere says that Con-
gress may make new States for the purpose
Of admitting them into the Union, or for any
other purpose; and yet this bill is as clear IN
attempt to make the institutions as any in
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 first having the
question submitted to the people. Nothing
could be more reasonable than the position
which they thus assume; and it certainly can
not be the purpose Of Congress to force upon
o community, against their will, q govern
ment which they do not believe themselves
capable Of sustaining.
The. following is q copy Of the protest al-
luded TO, as officially transmitted to me:
"Whereas it is announced in the public
.. prints that IL is the intention Of Congress to
admit Colorado as State into the Union;
therefore
"ReSolved by the House Of Representatives.
of this Territory That representing, as we
. do, the last and only legal expression OF pub
lie opinion on this question, we earnestly
protest against the passage Of q law admit
ting the State without first having the ques.
tion submitted to vote Of the people, for
the reasons-frst, that we have right to O
voice in the selection OF the character OF our
government; second, that we have not 0
, sufficient population to support the expenses
, Of State government. For these reasons
|. we trust that Congress will not force upor
!. us government against our will"
Upon information which considered rclia
BILE, assumed, in my message Of the 18th o
May last, that the population Of Colorado wa
!, not more than thirty thousand, and expressed
the opinion that this number was entirely too
: small either to assume the responsibility o.
to enjoy the privileges Of State.
1t appears that previous to that time, tn,
Legislature, with a view to ascertain the ex
act condition Of the Territory, had passed {
law authorizing census Of the population t
be taken. The law made it the duty of tht
a assessors in the several counties to take th,
census in connection with the annual assess
= ments, and in order to secure correct emu
meration Of the population, allowed them
liberal compensation for the service by pay
= ing them for every name returned, and adde'
!. to their previous oath of Office an oath t,
perform this duty with fidelity.
From the accompanying official report /
appears that returns have been received from
fifteen of the eighteen counties, into whicl
the State is divided, and that their popula
8 ton amounts in the aggregate TO twenty-fou
n thousand nine hundred and nine. The thre,
. remaining counties arc estimated to contain
4 three thousand, making total population o
: twenty-seven thousand nine hundred an,
|. nine, (27,909) .
. This census was taken in the summer sea
son, when it is claimed that the population il
+ much larger than at any other period, as il
the autumn miners in large numbers leav,
o their work and return to the east, with th,
a results Of their summer enterprise.
+ The population, it will be observed, is bu
o slightly in excess OF one-ffth of the numbe
n required as tho basis Of representation for
!. single congressional district in any of tn,
States that number being 27,00O
am unable to perceive any good reason
for such great disparity in the right Of repre-
' sentation; giving, as 1t would, to the people
u of Colorado not only this vast advantage IL
. the House of Representatives, but an equal
/ l.. - 10 ,L,.1 a Al Ga