The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1867-02-06

- u 49, -
Veto.
Below is the Veto Message of the Presi-
dent on the Nebraska admission bill. We
request our readers to examine it with very
great care
To the Senate Of the United States:
return, for reconsideration, bill en-
titled =" An act for the admission of the
state of Nebraska into the Union,' 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 to me for my approval few
hours prior to the adjournment of the last
session, but, submitted ut time when
there was no opportunity for proper con-
sideration of the subject, l withheld my
signature; and the measure failed to become
a law.
1t appears, by the preamble Of this bill,
that The people Of Nebraska, availing
themselves Of the authority conferred up
on them by the act passed on the 10Th of
April, 1864, have adopted 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 its form of government, and
that they now ask for admission into the
Union" The proposed law would there
fore seem to be based upon the declaration
contained in the enabling act, that, upon
compliance with the 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
that, while by the first section Congress
directly accepts, ratifes and confirms the
constitution and state governments 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 original States in all re-
spects whatsoever, the third section pro-
vides that this measure "shall not take
effect except upon the fundamental condi-
ton that within the state of Nebraska
there shall be no denial of the elective
franchise, or any other right, to any per-
son by reason of race or color, excepting
Indians not taxed and upon the further
fundamental condition that the legislature
of said state, by solemn public act, shall
declare the assent of said state to the said
fundamental condition, and shall transmit
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, where
upon said fundamental condition shall be
held as part of the organic law of the
state; and thereupon, and without any
further proceedings on the part of congress,
the admission of said state into the union
shall be considered as. complete" This
condition is 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 inhabitants of any state,
| asking admission, aud is in direct conflict
with the constitution adopted by the peo-
pie 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 Of
| flee are expressly limited to white citizens
of the United States. Congress thus un-
dertakes to authorize and compel the leg
| isaturc to change the constitution, which
it is declared in the preamble has received
the sanction Of the people, and which by
this bill is accepted, ratified, and con-
| frmed" by the congress of the nation.
The first and third sections of the bill
exhibit 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 condi-
ton precedent to her admission, require
ments which in our history have never
been asked of any people, when present
Ing constitution and state government for
the acceptance of the law-making power
1t is expressly declared by the third Sec
ton that the bill shall not take effect ex-
cept 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
elective franchise of any state hereafter to
be admitted, this condition is in clear vio-
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 itself
the qualifications necessary for the excr-
else of suffrage within its limits Without
precedent i'll 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
for their object the single purpose of pre-
venting any Infringement of the consttu-
ton Of the country. If congress is salts
fled that Nebraska at the present time,
possesses sufficient population to entitle her
to full representation in the councils of the
nation, and that her people desire an ex-
change of a territorial government for
state government, good faith would seem
to demand that she should be admitted
without further requirements than those
expressed in the enabling act, with all of
which, it is asserted in the preamble, her
inhabitants have complied. Congress may,
under the constitution, admit new states
or reject them /; but the people of state
can alone make or change their organic
law, and prescribe the qualifications requis-
lite for electors. Congress, however, in
passing the bill in the shape in which it
has been submitted for my approval, does
not merely reject the application of the
people of Nebraska for present admission
as a state into the union, on the ground |
that the constitution which they have sub
mittcd restricts the exercise of the elective
franchise to the white population, but i'm.
poses conditions which, if accepted by the |
legislature, may, without the consent of
the people, so change the organic law as to |
make electors of all persons within the
state, without distinction of race or color |
In view of this fact, l suggest for the
consideration of congress whetherit would |
not be Just. expedient, and in accordance |