The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-06-22

return without my signature a bill
entitled an act to admit the State of
Arkansas to representation in Congress.
The approval of this bill would be an
admission on the part of the Executive
that the act for the more efficient gov
eminent of the rebel States, passed
March I'd, 1867, and the acts supple
mcntary thereto, were proper and Con-
stitutional. My opinion, however, in
reference to those measures has under
gone no change, but on the contrary has
been strengthened by the results which
have attended their execution. Even
were this not the case could not con-
sent to bill which is based on the as
sumption either that by an act of rebel
lion of a portion of the people the State
/ of Arkansas seeded from the Union or
that Congress may at it's pleasure expel
| or exclude State from the Union or in
/ terrupt its relations with the govern
ment by arbitrarily depriving it of rep
resentation in the Senate and House Of
Representatives
| IfArkansas is not State in the
Union, this bill does not admit it as o
State. If on the other hand it is State
in the Union no legislation is necessary
| to declare it entitled to representation
in Congress rs one of the States of the
! Union. The Constitution already de-
clares that each State shall have at
| least one representative, and that the
| Senate shall be composed of two Seua-
tors from each State; that no State
without its consent shall be deprived of
equal suffrage in the Senate. Ii 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 III all
| it's Constitutional relations TO the Gov
ernmcnt is 4 decision by each House
upon the eligibility of those who are
presenting their credeRtia and claim
seats in the respective Houses of Con
gress. ....
This is the plain, simple plan of the
Constitution, and believing that had it
been pursued when Congress assembled,
in the month of December, 1865, the
restoration of the States wOuld long
since have been completed. once again
earnestly recommend tina. it be adopted
by each House in preference to legisla-
Il
only of doubtful cOnstitutiOnality and
therefore unwise and dangerous as
precedent, but is unnecessary, not
so effective in its operation as the mode
prescribed oy the Constitution, involves
additional delay, and from its terms
must be taken rather as applicable to a
territory aboSt to be admitted as one of
the United States than q State which
has occupied a place in the Unien for
upwards of a quarter of century.
The bill declares that Arkansas is en-
titled and admitted to representation
in Congress as one Of the States of the
Union upon the following fundamental
condition:
THAT the Constitution of Arkansas
shall never be so amended and changed
as to deprive any citizen or class of cit
liens of the United States of the right
to vote who ara entitled TO vote by the
Constitution herein recognized, except
for the punishment of crimes that are
now felonies at common law, whereof
they shall have been convicted, equally
applicable to all the inhabitants of said
State; provided any alteration of said
Constitution, prospective in it's effects,
may be made in regard to time and
place of residence of voters"
| have been unable to find in the
Constitution of the United, States any
warrant for the exercise of the authori- |
~ thus claimed by Congress in. aSsum-
ing power to impose fundamental con-
dtiOns on State which has been duly
admitted into the Union on an equal
footing with the original States in all
respects whatever. Congress asserts
Il right to enter State as il may ter
ritOry, and to regulate the highest pre-
rogative of free people, the cleo
tive franchise. This question is re-
served by the Constitution to the States
themselves, and to concede to Congress
the power to regulate this subject
would be to reverse the fundamental |
principle of the republic, and place in
the hands Of the Federal Government |
which is 4 creature of the States or the |
people, 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 man
ner the State of Arkansas is to signify |
its acceptance of the fundamental con-
ditiOn which Congress endeavors to
make unaiterable and irrevocable, nor
does it prescribe the penalty to be i'm
posed should the people of the State |
amend or change the particular portions
of the Constitution, which it was one
of the purposes of the bill to perpetu- !
ate. AS to the consequence ofsuch action |
as leaves them in uncertainty and
Goabt, when the circumstances under
which this Constitution are brought to |
the attention Of Congress are consider |
ad, it is not unreasonable to suppose that |
efforts will be made to modify its pro- |
visions, especially those in respect to |
which this measure prohibits any al
teratiOH. 1t is seriously questioned |
whether the Constitution has been
ratified by 4 majority of the per- I
sons who, under the act of March |
ID, $50, and the acts supplementary
thereto, We're entitlcdt to registration and
to vote upon that issue. Section ten |
of the schedule provides that no per-
son disqualified from voting or regis
tering under this Constitution shall |
vote for candidates for any office nor be |
permitted To vote for the ratification or |
rejection of the Constitution at the
polls herein authorized, assumed to be
in force before its adoption. In dis
regard Of the law OF Congress the Con-
situation undertakes to impose upon
the electors other aud further condi- |
tionS. The fifth section of the eighth |
article provides that all persons before
registering or voting must take and |
subscribe 70 m oath which among other |
things contains the following clause
That l accept the civil and political
equality Of all men and agree not to at
tempt to deprive any person or persons
on account of race. color or previous