Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-06-21
BY TELEGRAPH.
MIDNIGHT DISPATCHES.
Message from the PresIdent-VetO of
the Arkansas Bill.

L return Without my signature, Dill en-
titled an act to admit the State Of Arkansas
to representation in Congress. To approve
of this bill would be an admission on the
part Of the Executive, that the act for the
more efficient government Of the Rebel
States, passed March 2, 1867, and the acts
supplementary thereto, were proper and
constitutional. Ny opinion, however, in
reference to those measures has undergone
no change but on the contrary, and has
been strengthened by the results which
attended their execution. Even were this
not the case, | would 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, expel or exclude any State
from the Union or interrupt its relation
with the government, by arbitrarily de-
priying it of representation in the Senate
and House Of Representatives.
If Arkansas is not State In the Union
this bill does not admit it as a State. If
on the other hand, it is a State in the
Union, now no legislation is necessary to
declare it entitled representation in Con-
gress as one of the States of the Union.
The Constitution already declares that each
State shall have at least one representative,
and that the Senate shall be composed of
two Senators from each State; that no
State without its consent shall be deprived
Of its equal suffrage in the Senate, and also,
makes each House the judge of the election
returns and qualifications Of its own men,
bers; and therefore, all that is now neces-
s2ry TO secure Arkansas in all its constitu-
tional relations to the government is 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 had it been
pursued when Congress assembled in the
month OF December, 1865, the restoration
of the States would long since been COM
Pleted, once again earnestly recommend
that 1t be adopted by each House in refer
ence to legislation, which | respectfully
submit is not only of doubtful constitution
ality, and therefore unwise and dangerous
as precedent, but unnecessary; not 50 eff
fective in lis operation as the mode pre-
scribed by the Constitution, involves addi-
tional delay, and from its terms, it would
be taken rather as al plicable to a territory
about to he admitted as one of the United
States, than State which has occupied a
place in the Union-for upwards of a quar-
ter of century.
The bill declares that Arkansas is en-
tilted to be admitted to representation in
Congress as one of the States of the Union,
upon the following fundamental condi-
tons That the Constitution of Arkansas
shall never be so amended or changed as
to deprive any citizen or class of citizens
OF the United States of the right to vote
who are entitled, to vote by the Constitution
herein recognized, except for punishment
for crimes that are now felonies at common
law, whereof they shall have been convict
ed, which is equally applicable to all the
inhabitants OF said State; provided any
alteration of said constitution, prospective
in its effect, may be made in regare to the 4
time and place Of residence of voters
/ have been unable to find in the Consti-
tuition of the United States any warrent for
the 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 whatever. Congress asserts
a right 10 enter a State as it may be ter
ritory, and to regulate the highest preero-
gative of free people-the elective fran
chise. This question is reserved by the
Constitution to the States themselves, and
to cOncede to Congress the power to regu-
late this subject would be TO reverse the
fundamental principal of the republic.
and place in the hands Of the general
government, which il a creative Of the
States, the sovereignty which Justly
belongs TO 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 whaI manner
the State Of Arkansas is to signify it, ac-
ceptance of the fundamental condition
which Congress endRavors to make unal-
terable, irrevocable; nor does il prescribe
the penalty to be imposed should the peo-
pie of the State amend or change the par
ticular portions of the Constitution which
it was one of the purposes Of the bill to
perpetuate, but as to the consequence Of
such action it leaves them in uncertainty
and Doubt When the circumstances I'M
der which this Constitution has been
brought 10 the attention Of Congress are
considered, it is not unreasonable to sup
pose efforts will be made to modify its pro.
visions, especially those in respect to which
this measure prohibits any alteration. 1t
is seriously questioned whether the Con-
stitution has been ratified by a majority of
the persons who, under the act of March
2 1865, and the acts supplementary there
to, were entitled TO registration and a vote
upon that issue.
Section 10 Of the schedule, provides that
no persons disqualified FROM voting or
registering under this Constitution shall
vote for candidates for any Office nor be
permitted TO vote for the ratification or re-
lection OF the Constitution at the polls here
in authorized, assumed TO be in force be-
fore its adoption, in disregard ofthe law
of Congress. The Constitution undertake |
to impose upon the electors other and |
further conditions.
The fifth section Of the eighth article |
provides that all persons before registering |
or voting must take and subscribe TO an |
oath, which among others contains the fol- |
lowing clause: |
That i 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 condition, |
of any political or civil right privilege, or |
immunity enjoyed by any other class OF I
men.
II is well known that a very large por
tion of the electors in all the States, if not
q majority, do not believe in or accept the
practical equality Of Indians, moBgolians,
or negroes with the race to which they
belong. II the voters in many Of the
States OF che Northwest we're required 10
lake such an oath az test Of their quail
fcaiions, there is reason TO believe that
majority Of them would remain from she
polls rather than comply with such degra-
ding conditions. Then, to what extent this
test oath prevented the registration Of those
VINO we're qualified iby acts of Congress, il
is impossible to know, but such was its
effect as, at least sufficient, TO overcome the
small and doubtful majority 10 favor Of
the Constitution there can be no
reasonable doubt Should the peo-
pie Of Arkansas, therefore, desiring 10
regulate the elective franchise 20 as 70 !
make il conform 10 the institutions |
of large proportion OF the States Of the