Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-06-26
THE PRESIDENTS VETO.


MS O0ectAons 10 the Arkansas Blil.
To the House of Representatives
return, without my signature, biz
entitled An Act to admit the State of
Arkansas to representation in Congress. -
The approval of the bin would be an admis-
sion, on the part of the Executive, that the
Act for the more efficient government of
therebel States, passed March 2. 1861,
and the acts supplementary thereto, were
proper and constitutional. My opinion,
however, in reference to these measures has
undergone no change, but on the contrary,
has been strengthened BY the results which
have 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 ofTebellion
OF portion OF It's people the State of
Arkansas seeded from the Union, or that
Congress may, at its pleasure, expel or ex-
clude State from the Union, or interrupt
the Government, by arbitrarily depriving
it of representation in the Senate and House
of Representatives. If Arkansas is a State
not IN the Union, this bill does not admit
her as a State into the Union If, on the
other hand, Arkansas is a State in the
Union, DO legislation Is necessary to declare
ber entitled to representation in Con-
gress as one Of the States of the Union.
The Constitution already declares that
each. State shall .haye at least one repre-
sentative; that the Senate shall be com
posed of two Senators from each State: -
and that no State, without its consent,
shall be deprived Of its equal suffrage in
the Senate, That instrument also makes
each House the judge Of the elections, re-
turns and qualifications Of its own members,
and therefore all that is now necessary to
restore Arkansas in all its constitutional re-
latlons to the Government is 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, 1868, the restoration
of the States would long since have been
completed, / once again earnestly recommend
that 1t be adopted By each House in prefer
ence to legislation which l respectfully sub
NIT is not only of at least doubtful constjtu.
tlonallty, and therefore unwise and danger
Gus as a precedent, but is unnecessary, and
not so effective in its operation, as the node
prescribed by the Constitution, iuvolYesad-
dltlonal delay, and from its terms may be
taken, rather as applicable to a Territory
about to be admitted as one Of the United
States than to a State which has occupied a
place IN the Union for upwards Of a quarter
Of century
The bill declares the State Of Arkansas
entitled and admitted to representation In
Congress, as one Of the States of the Union.
upon the following fundamental conditions.
That the Constitution of Arkansas shall
never be so amended or changed as to de-
prIve any citizen or class of citizens of the
United States of the right to vote BY the
Constitution herein recognized except as
punishment for such crimes as are now
telonles at common law, whereof thcy shall
have been duly convicted under laws equally
applicable to all the inhabitants Of said State.
provided that any alteration of said Constitu-
ton, prospective in its effects, may be made
IN regard to the time and place of residence
of voters.
| have been unable to find in the Consti-
tuition of the United States anv warrant for
the exercise OF the authority thus claimed
by Congress, for assuming the power to i'm.
pose fundamental condition upon State
which has been duly admitted into the Union
on an equal footing with the original States
IN all respects whatever. Congress asserts
right to enter State as it may aTerritorv
and TO regulate the highest prerorative of 4
free peOple-the elective franchise. This
question Is reserved by the Constitution 10
the States themselves and to coneede to
Congress the power to regulate this subject
would be TO reverse the fundamental prinei
pie of the republic and to place in the hands
of the Federal Government, which is the
creature Of the States, the sovereignty
which justly belongs to the States or the
people, the true source ofall 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 fundamental condition which Con
gress endeavCred to make unalterable and
lrrevocable; nor does it prescribe the penalty
TO be imposed, should the people of the
State amend or change the particular Dor.
ton OF the Constitution which it is one Of
the purposes Of the bill to perpetuate, but
as to the consequences of such action, leaves
them IN uncertainty and doubt.
hen the circumstances under which this
Constitution has been brought to the atten-
ton OF Congress, It is not unreasonable to
suppose that efforts will be made to modifv
It's provisions, and especially those in re-
spect to which this measure prohibits any
alteration.
1t is seriously questioned whether the
Constitution has been ratified by ma
lorlty OF the persons who, under the act of
March 2, 1867, and the acts supplementary
thereto, were entitled to registration and
to vote upon that issue. Section 10 Of the
schedule provides that no person disqual |
ned from voting or registering under the
Constitution shall vote for candidates ca
any office, nor shall be permitted to vote
for the ratification or rejection Of the Con.
stitution at the polls herein authorized
and assumed to be in force before its adop,
ton. In disregard Of the law of Congress
the Constitution undertakes 10 impose
upon the electors other and further condi-
tons. The 9Th section Of the sth article
provides that all nersons. hafnra rnristnr-