Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-08
me NEBRASKA BILL VETO.
President .Tohnsop's Message
TO the Senate.
The Univei sal-SuGrage Condition
Imposed BY Congress.
A clear Violation Of the
Federal Constitution.
Nebraska lean Wisely and
Patiently Afford TO Walt"

V0V0e0tvy AuOvu 70 WAVE
TO the Senate ofshs United State;
return. for reconstruction, bill entitled
An act for the admission Of the State Of
Nebsasks into the Union" which originated
IN the Senate, and has reesived the assent
Of both houses Of Congress. A bill having
in view tho same object Vas presented Cor
my approval few hours prior 20 the ad-
lournment Of the last session, but, submit
ted nj time when there was no opportuni
" for proper consideration Of the sub ect,
! withheld my signature, ard the measure
failed 10 become law.
II appears, by the preamble Of this bill,
that "ihc people OF Nebraska, avalllng
themselves OF the authority conferred upon
them hy the at passed on the 18th OF April,
1864. have adopted constitution which,
upon due examination, is found to conform
10 tho provisions and comply with the con
d'luns Of said act. and TO be republican in
lis form Of government, and that they now
ask Tor admission into the Union" The
proposed Law would Therefore seem TO be
based upoa the declaration contained in the
enabling act, that, upon compl,ance with its
terms, the people Of Nebraska should be al
mitted into the Union upon an equal foot,
ing with the original States.
Reference 10 the bill, however, shows that
while by the first section Congress directly
accepts, rat,fies and confirms tho Cchstitu>
tion and State governments which the pco-
ple Of the Territory have formed Gcr them
selves, declares Nebraska 10 bs one Of the
United States Of America, and admits her
into the Union upon an equal footing with
the original States IN all respects whatso>
ever. the third section provides that this
measure "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 any other right, to
any person by reason IL race or color, ex-
cepting Iudians not taxed end Spon the
further fundamental condition that the legis.
la,ure Of said state, by 4 solemn pnblic act,
shall declare the assent 81 said State TO the
said Fundamental condition. and shall trans.
init 10 the President Of the United States
an authentic copy Of said act, upon receipt
whereof, the President. by proclamation,
shall forthwith announce tho fact, where
upon said fundamental condition shall be
held 40 part OF the organic Law Of the
State; aud there upon, and without any fur~
tbcr proceedingson 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 it's
passage, was not sught by the people them
selves. has not heretofore been applied to
the inhabitants If nny State asking sdmis-
sion, aud is in direct conflict wit the eonsti.
tuition 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 ar. expressly limited to
white citizens Of tho United States Con
gross thus undertakes to authorize and com
pei the legislatures TO change the conslitu>
ton which II 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 thiId sections Of the bill cx-
hibt yet fn,ihtr inconeruitv by the one,
Nebraska is admitted into the Union upon
M equal footing th the original States, in
all respects whAtsoeveI" while by the oth>
or, Congress demands, rs conditions precc-
dent TO her admission, requirements which
in our hstor, have never been asked VI anv
people, when presenting . constitution and
State government for the acceptance OF the
!av-mak,ng power. Itisexprcssly declared
by the third section that the hill ''snall not
take effect except upon the fundamental con
dition that within the State Of Nebraska,
there shall b, no den'al Of the elective fran
chise. or Of any other right. TO any person,
by reason Of race os color, excepting Ind
mas not taxed.
N,l thor ~ Loss than 10 IN
oi the right If Congress TO regulate the elec
tive franchise Of my State hereafter To 10
admitted. lhis condition is in clear violation
.i The federal cons ,u'on, under the 4 o.
vision of Which, from the very foundation
OF the government, each STATE has been left
Tree 70 determine Tor itself the qualifications
ncces,ar, for the exercise oil suffrage within
ITS limits Without precedent in our legis,
latior, It is in marked contrast with thoss
limitations which, imposed upon States that
from time o. time have become members OF
the lnion, had FOR their object the single
purpose oil preventing any infringement Of
the constitution Of the country. IL Con
grcss is satisfied that Nebraska, ut the pres
ent time, possesses sutiicien. population to
en,ltlc her 10 tall representation in the
councils OF the nation, and that her people
desire IN exchange Of territorial for
State government, good faith would seem
TO demand that she should be admitted
without further requirements than those OK.
pressed in the enabling act, with all Of
which, It Is asserted in the preamble, her in.
hAb.tants have complied. Congress may,
under the constitution, admit hcw States "
reject them; hut tho people &c State can
alone make or change their org anic law, and
prescribe the publications requisite for
electors. Congress, however, in passing
the bill ia tho shape in which il has been
submitted for my approval, does net merely
reject the application of the apeoplc Of Ne
braska Tor present admission % . State. into
the Union, on the ground that the Consti-
tuition which they hare submitted restricts
the exercise Of the elective franchise to the
white population, hut imposes conditions
which, II accepted by the Legislature, may,
without tho consent Of the people, %
change the organic law - to make electors
Of al persons within the State, without dis>
tinction Of race or c,lnr.
In view Of this fact. suggest for the con.
sidcrasion Of Congress, whether il would
not be lst, expsdient. and in accordance
with thc principles Of our government 10 ais
low the people, By popular vote. or through
convention chosen by themselves for that
purpose, 10 declare whether or no, they will
accept the terms upon which it is now pro-
posed 10 admit them to the Union. This
curse would not occasion much greater de-
lay than that which the bill contemplates,
when il requires that the Legislature shall
bc convened within thirty days after this
measure shall have become law, for the
purpose OF considering and deciding the