Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-02-05
PRESIDENT,S MEssAgf..-
Veto of the Bill for the Admission Of
Nebraska into the Union.
To tie Senate Of dc Uni.ea .Stqtes !,

To the Senate ot t7.e Jiied !Stdtes
return, forreconsideratioa, bill entitled
"An act for the admission of the State of Ne
braska into tbs. Union, /" which originated in
the Senate, and has received the assent of
both Houses ofGongress. Abill having in
Yiew the same object was presented for nv
approval few hours prior to The adjeurn-
ment of the lastsession but, submitted at a
time when there was no opportunity for a
proper considefaton of the subject, / with~
held my signature, and the measure failed to
become a law.sa
1t appears, by the preamble of this bill,
that the people of Nebraska, ayailins tstenf.
selves of the authority conferred upon them
by thesact passed sonSthc 10Th of .Apfi1, 1864,
s,haEe ,he adeisss q oastitdtion which, .tibof
al 'exatnihatssns Is found To sccnform 10 the
provisions and comply with the conditions of
said act, and to be republican in its form of
government, rid that they now ask for a.
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, tGe
people OF NebSaska should be admitted into
the Union upon an. equal footing with the
original States.
reference to the bill, however, shows that
Whlie, by the first section, Congress distinctly
accepts, rdtihes and confirms the Constitutions
and State Government which the people of
the Territory have formed for themselves d..
clares Nebraska to be one Of the United
States of America; and admits her, into the
Union upon an equal footing with the oTigi.
nal States in all respects whatsoever. the
third section provides that this measure ssshall
not take effect except tipon.the fundamental
condition that within the State of Nebraska
Hherc shall be no denial Of the elective fran
ehlse,. or. of any other right, to any person.
Dy reason OF race or color, excepting Indians
not taxed and upon the further fundamen-
eai condition that the Legislature of said
state, by solemn public act, shall declare
the assent of said State to the said fundomen.
tai condition, and shall transmit 10 the Presi
dent of the United States an authentic cow
OF said act; upon receipt whereof the Presi-
dent, by proclamation, shall forthwith an
nounce the fact, whereupon said fundamental
condition shall be held as part of the organic
law OF the State; and thereupon, and without
any 1ulher proceedings on the part of Con
gress, the admission of said State into the
Union shall be considered as complete''-
Inns condition is not mentioned in the orig
mai enabling act, was not contemplated at
the time OF its passage, was not sought by
the people themselves, had not heretofore
been applied to the inhabitants of any State
asking admission, and is. in direct conflict
with the Constitution adopted by the people
and declared in the preamble, s'to be rcpub-
!ican In its form of governments" for in that
instrument the exercise of the elective fran
eh!se aud the right to hold Office are expressly
limited towhite citizens of the United States.
Congress thus undertakes to authorize and
compel the Legislature to change the Con
ST Trb; - -. j..
bic has received the sanction of the pcoplc.
and which by this bill is ''accepted, ratified
and confirmed" by the Congress of the ma
ton.
The first and third sections of the Lill ex-
hlbit yet further incongruty BY the one,
Nebrask ka Is admitted into the Union upon
an equal footing with the original States, in
all respects whatsoevcs;'' while by the other.
Congress dcinands, as condition precedent to
her admission, requirements which in our his
tory have never been asked of any people pre-
sentlng constitution and State Government
for the acceptance of the law making mower.
1t is expressly declared, by the third section.
that the bill ''shall not take effect upon the
fundamental condition that within the State
OF Nebraska there shall be no denial of the
elective trachise, or of any other right, to any
person, by reason ofrace or color, except Indi-
ans not taxed,
Neither more ror less than Tie assertion of
the rigEt OF Congress to regulate the elective
franchise OF any State hereafter to be admit
ted, this condition is in clear violation of the
Federal Constitution, under the provisions of
which, from the very foundation Of the Gov
efnnfent, each State has been left free to de-
termine for itself the qualifications necessary
for the exercise of suffrage within its limits.
Without precedent in our Legislation, it is in
marked contrast with those limitations which.
imposed upon States that from time to time
have become members of the Union, had for
their object the single purpose of preventing
any Infringement of the Constitution of the
country. If Congress is satisfied that Ne
braska, 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 exchange of Territorial for
a State Government, good faith would seem
to demand that she should be admitted with
out further requirements than those express
ed In the euabliug act, with all of which, it
Is asserted in the preamble, her inhabitants
have complied. =. Congress may, under the
SoaESitUtlon, admit new States or reject them,
put the people OF State can alone make or
chaTSe their organic law, and prescribe the
quaLhcatlons requisite for electors. CONGRESS.
however, in passing the bill in the shane in
which 1t has been submitted for my annroysl,
does not merely reject the application of the
people of Nebraska for preseht admission az
a State into the Union, on the ground that
the Constitution which they have submitted
restricts the exercise of the elective franchise
te the white population. but imposes condi-
tions which, if accepted by the: Legislature.
may, without the, ccns%Tt Of The people. so
change the organic law as to make electors of
all persons within the State, without distinc.
tion of race 81 color.
In view of this fact, suggest for the con-
S'deratlon of Congress, whether it would not
be just, expedient, and in accordance with
the principles of our Government to allow the
DeOOle bV O0Dular -. >''S