Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-01-29
10 de Sesase Of tie Unised stot<,. =

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return, for reconsideration, q bill entitled
IAN act for the admiss ION of the Stats OF Ne.
braska into the Union," which orixiuated in
the Senate, and has received the assent of
both Houses Of Congress. A bill having ia
view the same object was presented for my
approval lew hours prior to the adjourn.
ment OF the last session; but, submitted at a
time when there was no opportunity for a
proper consideration OF the subject. with.
held my signature. and the measure failed 10
II appears, by the pream bic Of this bill. ,h.,
the pr epie OF Nebraska, awaiting thsmsei yes of
the authority conferred upon tnem by the !, OF
passed ontne 18th OF April, 1864, shave adopted
constitution which, upon due examination
Is found to CONFORM ~ the provisions and
comply with the conditions Of said Z aud to be-
frpu bliean IN ITS form Of government, and that
they now ask TOR admission into the Union"
This proposed law would therefore seern to be
based upon the declaration contained in the
enabling act, that, upon compliance with its
terms, the people OF Nebraska should be Al
United into the Union upon an equal footing
with the original States.
Reference TO The bilL however, shows that
While. by the first section. Congress distinctly
accepts, ratifies ana confirms the Constituted
and Stale Government which the people of
the Territory have formed for them sell es
declares Nebraska to be one of the United
States OF America, ana admits her into the
Union upon an equal footing with the origi-
nal states In all respects W hatsoever, the third
SECTION provides that this measure .shall not
take effect except upon the fundamental con-
6iion that within the State of Nebraska there
shall be no denial of the elective franch,se or
OF any other right, TO any person, by reason OF
race or color, excepting Indians not taxed:
and upoh the further fundamental condition
that the Legislature OF said State, by a solemn
public act, shall declare the assent Of eaid
State TO the said fundamental condition and
shall transmit to the President Of the United
States an authe ntic copy of said act; upon re-
ce'pt WHEREOF the President, by proclamation,
shall forthwith announce the tact, whereupon
SAID fundamental condition shall be held as a
part OF the organic law the State; and there.
upon, and without any further proceedings on
the part ofConRress, the admission of SAID State
into the Union shall be considered as CON-
piete. This condition lie not mentioned in the
original enabling act. was not contemplated at
the time OF It's passage, was not sought by the
people themselves. has 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, to be republican In it's form
OF government" for in that instrument the
exercise Of the elective tran chise and the right
to hold Office are expressly limited to white
citizens OF the United States. Congress thus
lature to change the constitution. which it is
declared in the preamble has received the SANG.
ton 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 exhib
1t yet further iucongruity. BY the one. Ne
n
equal footing with the original States, in ali re-
spects W whatsoever while by the other Con-
gressd em:nds, as q condition precedent TO her
admission, requirements which in our history
have never been asked Of any people, when
presenting Constitution and State Govern
ment for che acceptance OF the law making
power 1t is expressly declared, by the third
section, that the bill ''shall not take effect ex
cept upon the Fundamental condition that
within the State of Nebraska there snail be no
denial Of the elective franchise, or Of auy other
night, 10 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 violation of the Fed
eral Constitution, under the provisions of
which, from the very foundation of the Gov.
eminent, each State has been left free to deter
mine for itself the qualifications necessary for
the exercise of suffrage within ITS limits.
Without precedent in our legislation, IL 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. II Conxress Is satisfied that Nebras-
IA, NJ the present time, possesses SUFFICIENT
population TO entitle her 70 full represen tation
in the Councils Of the Nation, and that her
people desire m exchange Of a territorial for a
Stale government, good faith would seem to
demand that she should be admitted Wi bout
further requirements than those expressed in
the enabling act, with all of which 1t is asserted
Piled. Congress may, under the Consultation,
admit new States or reject them, but the peo-
pie OF State can alone make or change their
organic law, and prescribe the qualifications
requisite for electors. Congress: however. IN
passing the bill In the shape In which il has
been submitted for my approval, does not
merely reject the application of the people OF
Nebraska for present admission as a STATE in To
the Union, on the ground that the onstitution
which they have submitted restricts the exer.
else OF the eecti We franc hise to the white pop.
ulation, but imposes conditions which, IL ac-
cepted by the Legislature, may, without TIA
consent Of the people, so change the organic
law as to make electors OF all persons within
the State, without distiBc ton Of race or color
In view OF this fact, suggest for the con-
sideration Of Congress, whetherit would not
be just, expedient, and in accordance with the
principles OF our Government to allow the
people, by popular vote, or through a conven.
tiOn chosen by themselves for that purpose, to
declare whether or not they Will accept the
terms upon which 1t is now proposed 70 ad-
mt them into The Union THIS course would
not occasion much greater delay than that
which the bill contem plates, when 1t req uire.
that the Legislatures shall be con Noed within
thirty days after this measure sht4 have be-
come q law, for the purpose Of considering aud
deciding the conditions which il imposes, and
gains additional force when we consider that
The proceedings attending the formation Of the
State Constitution were not in conformity
with the provisions Of the enabling act
that In an aggregate vote OF 7,776, the ma
Jority in favor Of the Constitution did not
thar, in consequence of frauds, even this
result cannot be received ~ 8 far expression
OF the wishes OF the people. As upon them
must fail the burdeRs OF q State ORGANIZATION,
1t 10 bat iust that they should be permitted TO
determine for themselves question which so
materially affects their interests. Possessing
q soil and q climate admirably adapted to those
industrial pursuits which bring prosperity and
greatness TO people. with the advantage Of a
central position on the great high way that will
soon connect the Atlantic and Pacific States
Nebraska is rapidly gaining in numbers and
wealth, and may, within q very brief period,
claim admission on grounds which will chal-
lenge and secure universal assent. She can
therefore, wisely and patiently afford to
wait. Her population is said to be
steadily and even rapidly increasing, be-
ing now generally conceded as high as forty
thousand, and estimated by some whose judg.
ment II entitled to respect at q still greater
number At her present rate Of growth, she
will IN very short time have the req u,site
pop uiatien for Representative in Congress-
and, what is far moro important to her own
citizens. will have realized such an ad vance
in material wealth as will enable the ex penses
OF State government TO be borne without CD.
preston 70 the taxpayer. or new communi.
ties, II may be said with especial force-and n
Is true OF old ones-that the inducementt to EN-.
igrants, other things being equal. il in almost
the precise ratio Of the rate OF taxation
The great Stales of the North west owe their
marvellous prosperity largely to the fact that
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