Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-08
M Els S AGE
M ELS S A c E
OF THE
PRESIDENT OF THE UNITED STATES.
VETO OF THE NEBRASKA BILL.

TO tie Senate Of the United States:
[ return for consideration, a bill entitled
''An act for the admission of the State OF
Nebraska into the Union,'' which origina-
ted in the Senate, and has received the as
sent of both Houses of Congress. A bill
having in view the same object was present
ed for my approval few hours prior to the
adjournment of the last session. but, sub
mitted at time when there was no oppor-
tunity for a proper consideration of the
subject, I withheld my signature, and the
measure failed to become law.
It appears, by the preamble of this bill,
''that the people of Nebraska awaiting them
selves of the authority conferred upon them
by the act passed on the 18th of April, 1864,
have adopted a constitution which, upon
due examination, is found to conform to
the provisions and comply with the con-
ditions of said act, and to be repub-
lican in its form of government, and that
they now ask for admission into the
Union" This proposed law would there
fore seem to be based upon the declaration
contained in the enabling act. that, upon
compliance with its terms, the people of
Nebraska should be admitted into the
Union upon an equal footing with the origi-
nal States.
Reference to the bill, however, shows
that while, by the first section, Congress
directly accepts, ratities, and confirms the
constitution and State government which
the people of the Territory have formed
for themselves, declares Nebraska to be one
Of the United States of America, and ad-
mits her into the Union upon an equal
footing with the original States in all re-
spects whatsoever, the third section pro-
vides that this measure " shall not take eff
1..~o ~
ton, that within the State of Nebraska
there shall be no denial of the elective fran
chise or of any other right, to any person
by reason of race or color, excepting Indi-
ans not taxed and upon the further fun
damental condition that the Legislature of
said State. by a solemn public act, shall de-
clare the assent of said State to the said
fundamental condition, and shall transmit
to the President of the United States an au-
thentic copy of said act, upon receipt where
of the President, by proclamation shall forth
with announce the fact, whereupon said fun
damental condition shall he held as a part
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 consider
ed us complete" This condition is not men
toned in the original enabling act, was not
not sought by the people themselves, has
not heretofore been applied to the inhabi-
tants of any State asking admission, and is
in direct conflict with the constitution
adopted by the people and declared in the
preamble ''to be republican in its form of
government - for in that instrument the
exercise of the elective franchise and the
right to hold office are expressly limited to
the white citizens of the United States
Congress thus undertakes to authorize and
compel the Leg islature to change the con-
stitution, which it is declared in the pream-
bic has received the sanction of the people,
and which by this bill is ''accepted, rati-
fed and confirmed" by the Congress of the
nation.
The first and third sections of the bill ex.
hibit yet further incongr1ity. BY the one,
Nebraska is ''admitted in the Union upon
an equal footing with the original States,
in all respects whatsoever ;" while by the
other, Congress demands, as condition pre-
cedent to her admission, requirements
which in our history have never been asked
of any people, when presenting a constitu-
ton and State government for the accep-
lance of the laW-making power. It is ex.
pressly declared by the third section that
the bill 'shal not take effect except upon
the fundamental condition that within the
State of Nebraska there shall be no denial
Of the elective franchise, or of any other
right, to any person, by reason of race Oh
color, excepting Indians not taxed"
Neither more nor less than the assertion
of the right of Congress to regulate the
elective franchise of any State hereafter tc
be admitted, this condition is in clear VIC
lation of the Federal Constitution, under
the provisions of which, from the very
foundation of the Government, each State
has been left free to determine for itsel
the qualifications necessary for the exercise
of suffrage within its limits. Without pre-
cedent in our legislation, it is in marked
contrast with those limitations which, i'm
posed upon States that from time to tims