Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-02-04
THE VETOES OF THE NEBRAS.
KA AND COLORADO BILLS.
Prom the s.. LouI. RspubIIcan.l

memOered, passed Dlilb huthittiuk cAvh
Of those Territories as States into the
Union, with the condition, however, that
there should be no denial Of the Elective
Franchise or any other right TO any per.
son by reason Of race or color, and that
the act should not take effect until each
of the new States had, by act of its Leg
islature, declared its assent TO the con-
dition.
In returning the Nebraska bill to the
Senate, with his objections, the President
makes very clear exhibition Of the alb
snrd incongruties OF the bill. He calls
attention to the fact that the preamble
and the bill admits that the people OF
Nebraska have formed and adopted a
constitution in conformity with the En-
abling act of 1864, and admits that that
constitution presents a republican form
of government. The first section Of the
bill also ratifies and confirms the consti-
tuition adopted by the people, declares
her TO be a State of the Union, and ad-
mits her into the Union on an equal
footing with the other States Them
after thus declaring that Nebraska has
conformed to the Enabling act, and has
adopted a constitution republican in its
form of government, and declaring her
admitted into the Union on an equal
footing with other States, the bill in the
third section declares the act shall not
take effect except on the fundamental
condition that there shall be no denial
of the elective franchise to any person
on account of race or color, and until
the Legislature by public act declares
its assent to the condition.
The President, after thus pointing out
the inconsistencies of the act, shows
that no such condition was prescribed in
the enabling act, and was not contem-
plated when that act was passed, and
never had been applied to any other
State asking admission into the Union.
He shows, also, that the condition is in
direct conflict with the Constitution
adopted by the people, which Constitu-
ton Congress, in its preamble to the
Nebraska bill, declares to be Republican
in its form. The President then calls
attention to the fact that Congress pre-
sents itself in the attitude Of authorizing
the Legislature of Nebraska to change
the requirements of the Constitution
which the sovereign people adopted, and
which in the preamble to the Nebraska
bill is declared by Congress to be
accepted, ratified and confirmed by
the Congress of the nation. He points
out other incongruities in the bill. The
first section declares Nebraska admitted
on an "equal footing with other States,
and yet imposes upon her condition to
which no other State has been or is sub
jected. The President further shows
that in imposing the condition in ques-
ton Congress does nothing less than as
sert the right of Congress to regulate
the elective franchise of any State to be
hereafter admitted, and this is most
clearly a usurpation of authority not
conferred on Congress by the Constitu-
ton.
He further shows that Congress vio-
lates good faith in demanding of Ne
braska q compliance with additional
conditions, after having complied with
the conditions laid down in the Enabling
Act of 1864.
The President suggests the justice and
the expediency of referring the question
to the people of Nebraska, to determine
by popular vote, or by convention,
whether they will accept the condition
proposed. 1t is so manifest that the vote
of the Legislature could determine no
change in the Constitution adopted by
the people, and that the assent of the
Legislature to the proposed condition
could give it no effect as a Consttu-
tional measure, that it is surprising the
wise men of Congress could have trihed
away time in debating and adopting the
provision. 1t is legislative abortion,
without vitality or promise Of life, which
the people of Nebraska might regard as
a nonentity. The President refers to the
known fact that the population of Ne
braska is insufficient to warrant the
sending one Representative to Congress,
according TO the present law regulating
the subject in the States, and refers to
the fact alleged by many that the major
ity of the people of the territory have
never voted for the Constitution, and do
not, in fact, desire yet to become a State
In returning the Colorado bill, admit
ting that territory into the Union as a
State, the President refers to his veto
message of May 18th, 1866, on the same
subject and reiterates the objections
then raised by him, and says they have
been reinforced by subsequent events
Those objections were the small and in
sufficient population of the territory, its
inability to bear the expenses of State
government, and the want of evidence
that the people desired to become a
State. The objections also embraced
this pointed one, that it would be most
inconsistent and unequal to admit a
State with less than thirty thousand in
habitants, to share in the national legis-
lation with States which can be repre-.
scented in Congress only by one repre-
sentative for every $4,000 inhabitants
The President strengthens the objections
presented by showing that the people of
Colorado have, through their Legisla-
ture, formally protested against being
forced into the Union against their will
The President further shows that the
bill to which he objects is absolutely in
consistent with the legislation Of the
Territory, and also with the State Con-
stitution, to which the bill gives validity,
inasmuch as the latter declares that all
laws in force in the Territory at the time
of the adoption of the Constitution shall
continue in force, one Of those laws being
that no negro shall vote or sit on jury.
The President shows the absolute absurd.
tiles Of the bill, and that from the very
nature of its provisions, it never can be
executed
It's exceedingly doubtful whether the
bill will be passed over the veto. 1t did
not receive a two-thirds majority on its
passage, and it is not at all probable that
it can command large vote in the face
of the cogent and conclusive objections
Of the President