The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1868-07-08
VETO OF hi ARKANSAS
BILL.

WASHINGTON, June 20
The President sent the following
message to Congress to-day:
To the House of RepresentdflU' s:
I return without my signature, a Dl
entitled IAN act to admit the State Of
Arkansas to representation in Con
gress." The approval Of this bill would
be an admission on the part of the FIX
ecutive that the act for the more eff
cent government of the rebel States,
passed March 2, 1867, and the acts
supplementary thereto, were proper
and constitutional. My opinion, how
ever, in reference to these measures,
has undergone no change, but on the
contrary has been strengthened by the
results which have attended their ex-
ecution. Even we're this not the case
I could not consent to a bill which is.
based upon the assumption, either that
by an act of rebellion of a portion of its
people the State of Arkansas seeded
from the Union, or that Congress may, at
its pleasure expelore exclude a State from
the Union, or interrupt its relation with
the Government by arbitrarily depIIy-
ing it of representation in the Senate
and House OF Representatives. Ii Ark
ansas is not q State in the Union this
bill does not admit it as a State. IL,
on the other hand, it is a State In the
Union, no legislation is necessary to
declare it entitled to representation In
Congress as one of the States Of the
Union. The Constitution already de
clares each State shall have at least one
Representative, that the Senate shall be
| composed of two Senators from each
| State; that no State, without its con,
sent, shall be deprived Of its equal
suffrage in that Senate. It also makes
each house the judge of the election
returns and qualifications of its own
members, md therefore all that is nee
essary to secure Ark ,nsas in all its con-
stitutional relations to the Govern
ment, is a decision by each ho,ss upon
the eligibility of those who, presenting
their credentials, claim seats in the re
spective houses of Congress. This is
the plain and simple plan of the Con
stitution; and believing that had ii
been pursued when Congress assembled
in the month of December, 1865, the
restoration of the States would have
long since been completed, I once
again earnestly recon- mend that it be
adopted by each House in preference to
the legislation which I respectfully
submit, is not only Of doubtful constifn-
tionality, and therefore unwisc and
dangerous as a precedent, but IS unpec
essary, is not so effective in its opera
tions as the mode prescribed by the
Constitution, involves an additional de-
lay, and is from its terms rather ap
plicabie to a territory about to be ad
mi.ted as one of the United States,
than a State which has occupied place
in the Union for upwads of a quarter
of a century
The bill declares that Arkansas is
entitled and admitted to representation
in Congress, as enc of the States OF the
Union, upon the following fundamental
principles ~
That the Constitution of Arkansas
shall never be SC amended or changed
as to deprive any citizen o. Class OF
citizens of the United States of a vote
who are entitlnd to vote by the Con
stitution herein recognized, except for
the pun shment of crimes that are now
f~elonies at common law, whereof they
shall have been convicted, equally az
pfc lbie t. all the inhabitants of the
said State, provided the alteration Of
said State, prospective in its effect, may
be made in regard to the. time and
| place of residence of voters. l have
been unable to find in the Constitution
of the United States any warrant for
tie exercise of the authority thus
claimed by Congress in assuming power
/ to impose fundamental conditions on
"a State which has been duly admitted
into The Union on an equal footing with
the original States in all respects what
ever. Congress asserts a right to enter
a State as it may u Territory, and to
regulate the highest ~prerogative OF a
free people-the ell ctive franchise
The question is reserved by the Con-
stitution to the States themselves, and
10 concede to Congress the power to re
gulate this subject would be to reverse
the fundamental principles of the Re
public and pla ce iu the hands of the
Federal Government, which is a crea-
ture of the States, the sovereignty which
Justly belongs to the States or the pee.
| pie, the true source of all political
power by whom our Federal system
was created, and TO whose will it is
subordinate. The bill fails to provide
in what manner the State of Arkansas
is to signify its acceptance of the fun
damental condition which Congress
endeayors to make ~unaiterable and
irrevocable /; nor does it prescribe a pen
atty to be imposed should the people
of the State amend or change the par
ticular portion of the Constitution
which it was one of the purposes of the
bill to perpetuate, but as to the CON
sequence of such action as leaves them
in uncertainty and doubt when the
circumstances under which this Con-
stitution has been brought to the at
tention of Congress are considered, it is
not unreasonable to suppose efforts will
be made to modify its provisions, espe-
cially those in respect TO which this
measure prohibits any alteration, 1t is
seriously questioned whether the Con
s~titution has been ratified by a majority
of the persons, who, under the act of
March I'd, 1865, and the acts supple
mentary thereto, were entitled to regis
tration and to vote upon that issue.
Section 10 Of the schedule provides
that no person disqualified from voting
or registering under this Constitution
shall vote for any candidates for any
Office, or be permitted to vote for the
- AZ Co-ok.k,