The Portland daily press., 1867-01-30


The Colorado Veto Message.
A brief synopsis of the veto message receiv-
ed nv telegraph was published in the Press yes
terday. We give below the full text of the
document which appears as special dispatch
in the Boston Advertiser: % ~
To the Senate Of the United States
return to the Senate, in which House it
originated, a bill entitled "An act to admit the
State of Coloradointo the Union" to which I
cannot consistently with my sense of duty give
my approval. with the exception of an addition
al section containing new provisions. II is sub
stantially the same as the bill of similar title
passed by Congress during the last session,
submitted to the President for his approval ana
returned with the objections contained IN a
message bearing date the 18th OF May ias., anu
yet awaiting the reconsideration OF tno n,. mr..
A second bill, having in view the SAINT pul-
pose, has now passed both Houses Oh S1rsIess
and been presented for my signature. having
again carefully considered the suDJect, l nave
been unable to pero .heh have ALREADY n haen
con,mun;cated to Congress. find, on the con-
trarv- that there are many objections to the
nronosed legislation, OF which was not at that
tine aware; and that while several of those
which then assigned have in the interval
gained in strength, yet others have been Great
ed by the altered character of the measure now
submitted. The constitution under which this
state government is proposed to be formed,
very properly contains provision, that all
laws in force at the time of its adoption and
the admission of the State into the Union, shall
continue as if the constitution had not been
adopted. Among these laws is one absolutely
prohibiting negroes and mulattoes from the
right to sit as jurors. This bill was vetoed by
the Governor OF the Territory, who held that
by the laws OF the United States, negroes anu
mulattoes are citizens and subject to the du-
ties as well as entitled to the rights of citizen
ship. The bill was however passed, the oDJec-
tions of the Governor to the contrary notwIth-
standing and is now law OF the territory
vet in the bill now before me by which it is pro-
posed to admit the Territory as State 1t is
provided that there shall be no denial OF the
elective franchise or any other rights 10 any
person by reason of race or color, excepting
Indians not taxed The incongrmty thus ex-
hibitsd between the legislation OF Congress
and that of the Territory, taken IN connection
with the protest against the admission of the
State. hereinafter referred to, would seem clear
ly to indicate the impolicy and injustice of the
proposed enactment. 1t might indeed be a
Subject of grave inquiry, and doubtless will re-
suit in such inquiry if this bill becomes law.
whether it does not attempt to exercise pow
er not conferred upon Congress by the Feder-
al CONSTITUTE ~, as that instrument simply de-
clares that Congress may admit new States in
to the Union. 1t nowhere says that Congress
may make new States for the purpose OF adj
mitting them into the Union, or for any other
purpose, and yet this bill is as clear an at
tempt to make the institutions as any in which
the people themselves could engage. In view of
this action of Congress, the House of Repre-
sentatives of the Territory has earnestly pro-
tested against being forced into the Union with
out first having the question submitted to the
people. Nothing could be more reasonable
than the position which they thus assume, and
it certainly cannot be the purpose of Congress
to force upon community, against their will
a government which they do not believe them
selves capable Of sustaining. rI.
The following is copy of the protest allud-
ed to, as officially transmitted to mes
"Whereas it is announced in the public
prints, that it is the intention of Congress to
admit Colorado as State into the Union,
Il ercfore resolved by the House of Representa-
tives Of this Territory, that representing as we
do the last and only legal expression of pu Bile
opinion on this question, we earnestly protest
against the passage of a law admitting the State
without first having the question submitted to
vote OF the people, for the reasons first, that
we have right to a voice in the selection of
the character of our government; second that
We have not a sufficient population to support
the expense of State government For these
reasons We trust that Congress will not force
upon a government against our will" &
Upon information which considered relia-
BILE, assumed in my message of the 18th of
May last, that the population of Colorado was
not more than 10000, and expressed the opin-
ion that this number was entirely, too small,
tlIItr W dSSuu1t the RESPONSIBILITY OF TO enIOV
the privilege of a State. 1t appears that previ-
Gus to that time the legislature, with view to
ascertain the exact condition of the Territory
had passed a law authorizing census of the
population to be taken. The law made it the
duty of the assessors in the several counties to
take the census in connection with the annual
assessments, and in order to secure correct
enumeration of the population allowed them
liberal compensation for the service by paving
them Tor every name returned, and added to
thair oat of off -.
the duty with hdenty. FROM the accompany-
ing official report it appears that returns have
been received from fifteen out of the eighteen
counties into which the State is divided, and
their population amounts in the aggregate to
"a ,909. The three remaining counties are esti-
mated to contain 5000 making a population of
27,909. This census was taken in the summer
season, when it is claimed that the population
is much larger than at any other period, as in
the autumn miners in large numbers leave
their work and return to the east with the re-
suits of their summer enterprise. The popula-
lation, it will be observed, is but slightly in ex-
cess of one fifth of the number required as the
basis of representation for single COMPRESSION
al district in any OF the States, that number
being $4,000. l am unable to perceive any
good reason for such great disparity in the
right of representation, giving as it would to
the people of Colorado, not only this vast adj
vantage in the House of Representatives, but
an equality in the Senate, where the other
States are represented by millions. With per
haps single exception, no such inequality
as this has ever before been ATTEMPTED.
i know that it is claimed that the popula-
ton OF the different States at the time of their
admission has varied at different periods, and
the obvious intent of the Constitution was.
that no State should be admitted with a less
population than the ratio of the Misrepresentation
at the time of application; and the limitation
in the second sectie~ of the first article OF the
Constitution, declaring that leach State shall
have. at least rpnrpSpDfatiVa. - anil.
testify designed to protect the States which
originally composed the Union, from being de-
pr1ved, i'll the event or waning population, of
voice in the popular branch of Congress- and
was never intended as warrant to force new
State into the Union with a representative
population far below that which might at the
time be required of sister members of the con-
federacy. This bill, in view of the prohibition
of the same section, which declares that the
same number OF representatives shall not ex-
coed one for every 10000" is at least viola
ton Of the spirit ii not of the letter of the Con-
Stitutlon. tzF
1t is respectfully submitted, that however Con-
gress, under the pressure of circumstances,
may have admitted two or three States with
less than representative population at the
time, there has been no instance in which an |
application for admission has ever been enter |
tanned, when the population, as officially ascer-
tanned, was below thirty thousand. Were |
there any doubt of this being the true con-
of the Constitution, it would be dis
PEELED by the early and long-continued prac-
tice of the federal government For nearly |
sixty years after the adoption of the Constitu-
ton, no State was admitted with population |
believed at the time to be less than the current
ratio for representative; and the first instance
in which there appears to have been depart
ure from the principle was in 1916 in the case
of Florida, obviously the result of sectional
strife. We would 10 well to regard it as a
of evil rather than as an example for
imitation, and 1 think candid men of all par
ties will agree that the inspiring cause of this |
wholesome principle of restraint is to be found
in vain attempt TO balance those antagonisms
which refused to be reconciled except through |
the bloody arbitrament Of arms. The plain
facts of our history will attest that the great
and leading States admitted since 1916, Wis,
Iowa, Wisconsin, California, Minnesota and |
Kansas, including Texas, which was admiutep
that year, have all come with an ample popula-
tlon Tor one representative, and some of them
with nearly or quite enough for two To de-
the correctness of my views on this
question, subjoin table containing list of |
the States admitted since the adoption of the
federal Constitution, with the dates of damis- |
sion, the ratio of representation and the repre-
sentative population when admitted, deduced |
from the United States census tables, the cal |
culation being made for the period of the de-
cade corresponding with the date of admis-
sion - --s J. |
d lr.s... .... b.. .4s ....