The national Republican., 1867-01-30
VETO OF THE NEBRASKA BILL.


OF Nebraska Into the Union"
To ths Ssnats Of tie United Stafs,.
return, for reconsideration, bill entitled
An act for the admission Of the State Of
Nebraska into the Union,n which originated
in the Senate, and has received the assent Of
both Houses Of Congress. A'bill having in
view the same object was presented for my
approval few hours prior to the adjourn
ment Of the last session; but, submitted at
time when there was no opportunity for
proper consideration Of the subject, with
held my signature, and the measure failed
to become q lew. . Nlt.#'.f. ..
1t appears, by the preamble Of this bill,
that the people Of Nebraska, ayailng them
selves Of the authority conferred upon them
by the act passed on the 18th Of April, 1864,
"have adopted q constitution which, upon
due examination, is found TO conform to the
provisions and comply with the conditions Of
said act and TO be republican In It's form OF
government, and that they now ask for ad-
mission into the Union" This proposed law
would therefore 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 npon an equal footing with the
original States. --. .. =. -. ..f.
Reference to the bill, however, shows that
while, by the first section, Congress distinctly
accepts, ratifies and confirms the Constitu-
ton 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 admits her into the
Union upon an equal footing with the origi-
nal States in all respects Whatsoever, the
third section provides that this measure
shall not take effect except upon the funda-
mental 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 or color, ex-
cepting Indians not taxed; and upon the
further fundamental condition that the Legis-
lature Of said State, by solemn public act,
shall declare the assent Of said State to the
said fundamental condition, and shall trans
nit TO the President Of the United States an
authentic copy Of said act upon receipt
whereof the President by proclamation,
shall forthwith announce the fact, whereupon
said fundamental condition shall be held as o
part Of the organic law Of the State and
thereupon, and without any further proceed
ingg on the part Of Congress, the admission
Of said State into the Union shall be con-
sidered as complete" This condition Ia not
mentioned in the original enabling act, was
not contemplated at the time Of its passage,
was not sought by the people themselves,
has not heretofore been applied to the in
habitants 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
white citizens Of the United States. Con-
gress thus undertakes to authorize and
compel the Legislature to change the con-
stitution, which il is declared in the preamble
has received the sanction Of the people, and
which by this bill is accepted, ratified, and
confirmed" by the Congress Of the nation.
The first and third sections of the bill ex-
hibit yet further incongruity. By the one,
Nebraska is admitted into the Union upon
an equal footing with the original States, in
all respects whatsoever" while by the other,
Congress demands, as q condition precedent
to her admission, requirements which in our
history have never been asked Of any people,
when presenting q constitution and State
government for the acceptance Of the law
making power. 1t is expressly declared by
the third section, that the bill "shall 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 or color, excepting Indians not taxed"
Neither more nor less than the assertion
Of the right Of Congress to regulate the elect.
i've franchise OF any State hereafter to be I'D
mitted, this condition is in clear violation oi
the Federal Constitution, under the pro
visions Of which, from the very foundation
Of the Government, each State has been left
free to determine for itself the qualifications
necessary for the exercise of suffrage withir
its limits. Without precedent in our legis
lation, it is in marked contrast with thos,
limitations which, imposed upon States tina
from time to time have become member
) Of the Union, had for their object the singl,
| purpose Of preventing any infringement o
t the Constitution Of the country. II Con
gress is satisfied that Nebraska, at III,
! present time possesses sufficient popula
Z tion to entitle her to full representation
!, in the councils Of the nation, and that hel
people desire an exchange of territorial fol
State government: good faith would seem
to demand that she should be admitted with
out further requirements than those ex
pressed in the enabling act, with all o.
which it is asserted in the preamble her in
habitants have complied. Congress may
under the Constitution, admit new States OF
( reject them, but the people Of State caI
: alone make or change their organic law, ant
prescribe the qualifications requisite fol
electors. Congress, however, in passing th,
hill in the shape in which it has been sub
mitted for my approval, does not merely re
ect the application of the people Of Nebraska
for present admission as State into tn,
Union, on the ground that the Constitution
which they have submitted restricts the ex
ercise Of the elective franchise to the whit,
, population, but imposes conditions which
Il accepted by the Legislature, may, withou
the consent Of the people, so change the OF
ganic law as to make electors of all person
within the State, without distinction Of rae,
or color.
In view Of this fact | suggest for the con
sideration Of Congress, whether it would no
be just, expedient, and in accordance will
the principles Of our Government to ALLOW
the people, by popular vote, or through
convention chosen by themselves for tina
purpose, to declare whether or not the,
will accept the terms upon which /
is now proposed to admit them int
the Union. This course would no
occasion much greater delay than tina
which the bill contemplates, when ii require
: that the Legislatures shall be convened with
| -, Al l.. a. -. l.