The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-07-22
ANOTHER VETO.
Psssident's objection TO Electoral
college Resolutions
as hepudfstes Reconstruction 1.eEts.
IarIOn and Adheres 10
ssMy POLICY
WAsE1Sarox, July 20, Is6s.

l have given to the joint resolution,
entitled "a resolution excluding from
the Electoral College the votes of the
States lately in rebellion, which shall
not have been recognized" as careful
an examination as l have been able to
bestow on the subject during the few
dayR that have inteFvened since the
measure was submitted for my appro-
val. Feeling constrained to withhold
nv consent, herewith return the reso-
luton to the Senate, in which House IT
originated, with a brief statement OF
the reasons which have induced my
ton.
This Joint resolution is based upon
the assumption that some of the States
whose inhabitants were lately in rebel
lion are not now entitled TO representa-
ton in Congress and TO participate in
the election of President and Vice
President of the United States. L have
heretofore had occasion to give in detail
my reasons for dissenting from this
view, II Is not necessary at this time
to repent them. 1t is sufficient to state
that continue strong in my conviction
that the acts of secession, by which a
number of States sought TO dissolve
their connection with other States and
to subvert the Union, being unauthur-
lied by the Constitution and in direct
violation thereof, were from the begin
ming absolutely null and void. It fol-
lows, necessarily, that when the rebel
lion terminated the several States
which had attempted 20 secede contin-
ued to lie States in the Union, and all
that was REQUIRED to enable them to re-
sumo their relations to the Union WAS
that they should adopt the measures
necessary to their practical relations as
States, Such measures were adopted,
and the legitimate result was, those
States, having conformed to all the re
ouirements of the Constitution, re-
sumed their former relations aud be-
came entitled 10 the exercise of all the
rights guaranteed 10 them by lis pro-
visions.
ton. however, seems to assume that by
the inSurrectionary acts OF their re-
spective inhabitants those States for
feited their rights as such and can new
er again exercise them, except upon re-
admission into the Union on the terms
prescribed by Congress. If this posi-
ton be correct it follows that they were
taken out of the Union by virtue of
those acts of secession, and hence that
the war waged on them was Illegal and
unconstitutional. We would thus be
placed In this Inconsistent altitude,
that while the war was commenced and
carried on on the distinct ground that
the Southern States. being component
parts of the Union, were In rebellion
against the lawtui authority of the
United States, and upon its termina-
Eion we resort to policy OF recon-
struction which assumes that II was
not rebellion, but that the War was was
waged for the conquest OF Territories
assumed to be outside OF the ConstItu-
tional Union.
The mode and manner of receiving
and counting the electoral votes for
President and Vice President of the
United States are In plain and simple
terms prescribed by the Constitution.
That instrument imperatively requires
that the President of the Senate shall
In the presence ofthe Senate and House
of Representatives, open all the certih-
Gates, and the votes shall then be
counted. Congress has therefore no
power under the Constitution to re-
ceive The electoral votes, or reject
them. The whole power is exhausted
when, in the presence of the two Hons.
es, the votes are counted and the resnlt
declared. In this aspect the power and
duty of the President OF The Senate are
under the Constitution and are purely
ministerial. When, therefore, the ioinl
resolution declares that no electoral
votes shall be received or counted from
States that since the 4th of March, 1868
have not adopted q Constitution OF
State Government, under which State
Government shall have bee n organized.
a power is assumed which is nowhere
delegated to Congress, unless upon the
assumption that the State Governments
organized prior to the 4th OF March,
1858, were illegal and void.
The joint resolution, by implication
at least, comedies that theseStates were
States by virtue of their organization
prior TO the 4th of March, 1867, but de-
nies to them the right to vote in the
election of President and Vice Presi-
dent of the United States. It tolIowE
either that this assumption of power is
wholly authorized by the Constitution,
or that the States excluded from voting
were out of the Union by reason of the
rebellion, and have never been legiu-
mately resteFed.
Being fully satisfied that they were
never ont of the Union, and that theiI
relations thereto have been legally and
constitutionally restored, I am forced
to the conclusion that the joint resolu-
ton which depriVes them of the righl
to have their votes for President and
Vice President received and counted Is
in conflict with the Constitution, and
that Congress has no power to reject
their votes any more than those of the
States which have been uniformly
loyal TO the Federal Union.
IL is worthy of remark that il the
States whose Inhabitants were recently
in rebellion were legally and constitu-
tionally organized and restored 10 theil
rights prior to the fourth of March
1867, as am satisfied they were, the
only legitimate authority under which
the election for President and Vice
President can be held therein must be
derived from The Governments lnstit1- in
ted before that period. 1t clearly Iol-
lows that all the State governments or
Panjzed in those States, and acts oi
Congress for that purpose, ana unaes
military control, are ilIeSitimate ana OIL
no validity whatever, ana In Lhat view
the votes were cast In those StateS IoE
President and Vice President IN Pursu-
a1ca of the scts passed since the fourth
of March, 1867, and in obedience 70 the
so.caIIed reconstruction acts OF Con-
PRESS. cannot be legally received ana
Counted, t0IsiEe the only VOteS m those
States that can be legally cast and count
ed tCiL be dlose cast N pursuance o. tdt0s
IN force in the several States prior to the
EeGIsEdtIon of Congress on the subject Of
TeeoaStTHetioa.
I cannot refrain from directing your
special attention 70 the declarations
contained in the joint resolution, that
none of the States whose iDhabitants
were lately in rebellion shall be enl-
tied to representation In the electoral
college, DC. II Il IL meant that no
STATE fs 70 be allowed TO vote for PTesi-
eaRed in the lste rebellion, iE In appar-
enf that no one of the States Will be ex-
cluded from voting, since Il Is well
known that in every Southern State
there were many Inhabitants who did
not participate In the rebellion, but who
actually took part in its suppression
or refrained from giving 1t any aid ol
couutenance. Therefore conclude thai
the true meaning Of the resolution il