Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-06-22
nEMPHiS APPEAL
WASHINGTON.

WASHINGTON, June 20.-The Presi-
dent sent the following message to Con-
gress to-day:
To the House Of Representatives OF the United
States:
return, without my signature, bill
entitled an act to admit the State of Ar
kansas to representation in Congress.
To approve of this bill would be an adj
mission on the part of the Executive,
that the set for the more efficient gov
ernment OF the rebel States, passed
March ID, 1867, and the acts supplement-
airy thereto were proper aud eonsEitu-
tiOnal. My opinion, however, in regard
to these measures, has undergone no
change, but on the contrary has been
strengthened by the results which have
attended their execution, and even were
not this the case, | could not
consent TO q bill which is based upon
the assumption either that by an act OF
rebellion by portion OF its people, the
State OF Arkansas seeded from the
Union, or that Congress may, at its pleas
ure, expel or exclude any State from
the Union, or interrupt its relations with
! the Government by arbitrarily depriving
| it Of representation ia the Senate and
House of Representatives.
II Arkansas is nota State in the Union,
this bill does not admit it as State. If,
on the other hand, it is State in the
Union, 10 legislation is necessary to de-
clare it entitled to representation in Con-
gress. As one OF the States of the
Union, the Constitution already declares
that each State shall have at least
one RepTesen taIive, and that the Senate
shall be composed OF two Senators from
each State, and that no State, without
its consent, shall be deprived Of its equal
suffrage in that Senate. 1t also makes
each House the judge of the election re-
turns and the qualifications of its own
members and therefore all that is now
necessary to receive Arkansas in all its
constitutional relations to the Govern
ment, is q decision by each House upon
the eligibility OF those presenting their
credentials and claims to seats in the
respective Houses Of Congress. This is
the plain and simple plan of the CoBsti-
tuition, and had il been pursued when
Congress assem- bled il the month of De-
cember, 1868, the restoration of the States
would have been long since completed.
once again earnestly recommend that
il be adopted by each House of Congress,
| in reference to the legislation, which
respectfully submit, which is not only
of doubtful eonstitutiOnaliiy and there
| fore unwise and dangerous as a pTece-
dent, but unnecessary and not so effect
i've in its operations as the mode pre-
seribed by the Constitution. II involves
an additional delay, and from its terms,
it may be taken rather as applicable to
q territory about to be admitted as one
of the United States, than as State
which has occupied place in the Union
for upwards Of q quarter Of century.
The bill declares that Arkansas is en-
titled and admitted to representation in
Con gress as one of the States of the
Uuion upon the following fundamental
conditions:
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 Constitu-
ton herein recognized, except for pun
ishment for crimes that are now felonies
at common law, whereof they shall have
been convicted, equally applicable to ali
the inhabitants OF said State, provided
apy alteration of said Constitution, pros
pective in its effect, may be made in re-
gard to time and place OF residence of
voters. l have been unable 20 ind ia
the Constitution of the United States
any warrant for the exercise of the aU-
thOrities thus claimed by Congress in Is
sumiDg power to impose fundamental
conditions on q State which has been
duly admitted into the Union on an
eonal footing with the original States
in all respects whatever. Congress
asserts a right to enter q State
as ID may be . Territory, and
to renovate the highest prerogative
of q free people-the elective franchise
as this question is reserved by the Con-
stitution to the States themselves, and
to copcede to Congress the power to regu-
late this subject would be the reverse Of
the fundamental principle OF the Repub-
lie aad place il the hands OF the Fed6-
raj Government, which is creation Of
the States, the sovereignties which justly
belongs to the States or the people, the
true source OF ali political power by
whom our Federal system was created,
and to whose will it is subordinate.
The bill fails to provide in what man
per IN % State of Arkansas is to signify
its acceptance of the fundamental con
ditiou which Congress endeavoTs to make
unaltersbIe, nor does it prescribe the
penalties to be imposed should the peo-
nIe of the State amend or change the
narticular portions OF the Constitutions
which it was one Of the purposes of
the bill to perpetnate, but as to
the consequence Of such action
rs leaves them in uncertainty
and doubt when the circumstances
under which this Constitution has been
brought to the attention of Congress are
considered, it is not unreasonable to sup
pose that efforts will be made to modify
it, provisions, especially those in respect
to which this measure prohibits any al
teTatioB. It is seriously questionable
whether the Constitution has Fpw rati-
fed by msjority of the psrso who,
uuder the act OF March %, 1865, III the
acts supplementary thereto, wei n a.
tied to registration and to vote upC Il
issue. Section 10 of the schedule
vides that no persons disqualified ~
voting or Tegistracy under this Con
ttOn shall vote for candidates for al
fics., or be entitled to vote for the =.
catio.a or a rejection OF the CODstitn
at the polls, is herein authorized al q
sumed TO be Ia force therefore its
ton is IN disregard Of the law OF
gress. Pbe Constitution also under4 nc
to impose up0n the electors OtheF 4
further conditions. The fifth sectk
the eighth article provides that al 3
S. 3ns before registering or voting
take aud subscribe 70 an oath VI z
abaOug others, contains the fold
tI'9aG l accept the civiE
political equally Of all men, and
not to attempt to deprive any pera
persons, on account ii race, color ia 3
vious condition, of any eolltIeai c sfciTft
rights, privileges or immH Vtles ehsOyeo
by any other class of men,"
1t is very well known that IN large
portion OF the elections in ali the . fates,
II not IN all, they DO not believe in or
accept the political equality of Indians,
MoDgolisns or negroes, with the race to
which they belong. If the voters in
many of the States of the Northwest
were required to take such an oath, as
test of their qualification, there is reason
to believe that majority OF them would
away from the polls, rather than
comply with such degrading conditions.
Then TO what extent this test oath pre-
vented the registration of those who were
qualified under the laws of Congress, it |
IS impossible to know; bat such was its
effect, IS at least being sufficient to over |