Clarksville chronicle. (Clarksville, Tenn.) 186?-1872, 1868-06-26
" L. II O
The President Returns the south.
ern Reconstruction BilI-Iffs Rea.
sons for Refusing 10 sign the Bogus
Thing.

y To the House of Representatives:
l return without my signature
= bill entitled IAN Act to admit th
= State of Arkansas so representation
/ III Congress" To approve of this bill
would be an admission OH the part o
the Executive, that the act for tn
more efficient government of tn
{ rebel States, passed March 2, 1867
, and the acts supplementary thereto
were proper and constitutional
My opinion, however, in referenc,
, to these measures, has undergone II,
change, but, on the contrary, has beer
, strengthened by the results which
have attended their execution. Ever
were this not the case, would no
} consent to bill which Is based upor
the assumption either that by an ac
of rebellion of "a portion of its people
the State of Arkansas seeded from
the Union, or that Congress may al
its pleasure eXpel or exclude any Stat,
rom the Union, or interrupt its rela.
tons with the Government by arbi.
trarily depriving it of representation
in the Senate and House of Repre-
sentatives. If Arkansas Is not q
State in the Union, this bill does not
admit it as State.
If, on the other hand, it is q State
in the Union, no new legislation is
necessary to declare it entitled to
representation in Congress as one of
the States of the Union. The Consti-
tuition already declares that each
State shall have at least one Repre-
sentative; 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 suf-
frage in that Senate, and also makes
each House the judge of the election
returns and qualifications of its own
members, and therefore all that is
now necessary to secure Arkansas in
all its constitutional relations to the
Government as a decision by each
House upon the eligibility of those
who, presenting their credentials,
claim seats in the respective Houses
of Congress.
This is the plain and simple plan of
the Constitution, and believing that
mad 1t been pursued when Congress
assembled in the month of December,
1860, the restoration of the States
would long since have been compile
ted. l once again earnestly recon-
mend that it be adopted by each
House in reference to legislation
which | respectfully submit in not
only of doubtful constitutionality,
therefore unwise and dangerous a pre-
cedent, but unnecessary; not so effec-
tive in its operation as the mode pres
cribed by the Constitution; involves
additional delay, and, from its terms,
-
to Territory about to be admitted as
one of the United States, than State
winch has occupied a place in the
Union Tor upward of a quarter of
century.
The bill declares that Arkansas is
entitled and ought to be admitted to
representation in Congress as one of
the states of the Union, upon the fol-
lowing fundamental conditions =
THAT the Constitution of Arkansas
shall never he so amended or changed
us 10 deprive any citizen or class of
citizens of the United States of the
right to vote are entitled to vote by
Constitution herein recognized, eX-
cept for punishment for crimes that
are now felOnies at the common law,
whereof they shall have been convic-
ted, equally applicable to all the in
habitants of said State, provided any
alteration of said Constitution pros
pective in its effect may be in regard
to the time and place of residence of
yoters.n
l have been unable to find in the
Constitution of the United States
any warrant for the exercise of the
authority thus claimed by Congress
IN assuming power to impose funda-
mental conditions on n State which
has been duly admitted into the I'm
ion on an equal footing with the orig
inal States in all respects whatever.
Congress asserts a right to enter n
State as it may be Il Territory, and to
regulate the highest prerogativc of
free people-the elective franchise
This question is reserved by the Con-
stitution to the States themselves, and
to Congress the power to regulate this
subject would be to reverse the funda-
mental principle of the Republic and
place in the hands of the general
Government which is Il creature of
the States the sovereignty which lust
ly belongs to the States or the people,
the true source of all political power,
by whom our federal system was ere
ated and to whose will is subordinate.
The bill fails to provide in what
manner the State of Arkansas is TO
signify its acceptance of the flnda- |
mental condition which Congress en-
deaNors to make unaltered and ire !
vocable. Nor does it prescribe the |
me penalty to be imposed should the |
the people of the State amend or
change the particular portions of the |
Constitution which il was one of the |
purposes of the bill perpetuatc, but |
as To the consequence of such action |
leaves them in uncertainty and doubt. |
When the circumstances under |
which this Constitution has been |
Drought To the atteption of Congress |
are considered, it is not unreasonable |
to suppose that efforts will be made |
10 modify its provisions, especially |
those IN respect To which this measure |
prohibits any alteration. 1t is scri- |
ously questionable whether the Con-
stitution has been ratified by a major |
ity of the persons who, under the act .
OF March the second 1865, and the acts
supplementary thereto, were entitled
TO registration and to vote upon that |
issue.
Section ten of the schedule provides
that no persons disqualified from vot-
ing or registering under this Consti-
tuition shall vote for candidates for
any office, nor be permitted to vote
for the ratification or rejection of the
Constitution ut the polls herein au-
thorized. 1t is assumed to be in force
before its adoption, in disregard of
the law of Congress. The Constitu-
tlon undertakes TO impose upon the
OIhnr md fIIrt hnr nnnIitinnu