Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-06-26
THE ARKANSAS BILL.
VETO OF THE PRESIDENT.


dent, transmitted to the House Of Repre-
sentatives on Saturday, returning without
his signature the bill to admit Arkansas to
representation in Congress
To the House Of Representatives
return without my signature bill en-
titled can act to admit the State of Arkan-
sas to representation in Congress-
The approval of this bill would be an 3D.
mission on the part of the Executive that
the ''AcS for the more efficient government
of the rebel States" passed March 2, 1867,
and the acts supplementary thereto, were
proper and constitutional. My opinion,
however, in reference to those measures
has undergone no change, but, on the con-
trary, has been strengthened by the results
which have attended their execution.
Even were this not the case, I could not
consent to bill which is based upon the
assumption either that by an act of rebel
lion of portion Of its 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
It's relations with the Government by arbi-
trarily deprivirg it of representa- IN in the
Senate and House of Representatives. If
Arkansas is state not in the Union, this
bill does not admit it as State into the
Union. If, on the other hand, Arkansas
is State IN the Union, no legislation is
necessary to declare it entitled ''to repre-
sentatiOn in Congress as one of the States
of the Union" Tie Constitution already
declares that leach State shall have at least
onelRepresenta iye;' that the Senate ''sha
be composed of two Senators from each
State" aud ''that no State, without It's con-
sent, shall be deprived Of its equal suffrage
in the Senate" That instrume ut also
makes each House ''the Judge Of the cleo
tions, returns, and qualifications Of its own
members ;" and, therefore, all that is now
necessary to restore Arkansas in all its con-
stitutional relations to the Government is
a decision by each House upon the eligi
biiity Of those who, presenting their
credentials claim seats in the respeo-
tive Houses of Congress- This is the
plain and simple plan of the Constitu-
ton and, believing that had it been pur
sued when Congress as assembled in the
month of December. 1865, the restoration
of the States would long since have been
completed, l once again recommend that
: it be adopted by each House, i'll prefer
ence to legislation which respectfully sub
! NIT is not only of at least doubtful consti-
nationality, and therefore unwise and dan
gerous as a precedent, but is unnecessary,
not SO effective in its operation as the mode
prescribed by the Constitution, involves
additional delay, and from its terms may
be taken rather as applicable to Territory
about to be admitted rs one of the United
States than to q State which has occupied
a place in the Union for upwards of quar-
ter of q 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
condition
"That the constitution of Arkansas shall
never be SO amended or changed as to de-
prlVe 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 as a punishment for
such crimes as are now felonies at common
law, whereof they shall have been duly
convicted un,!e laws equally applicable to
all the inhabitants of said State: PrOUided
That any alteration of said constitution,
prospective in its effect, may be made i'll
regard to the time and place of residence
of voters"
have been unable to find in the Consti-
tuition of the United States any warrant for
the exercise of the authority thus claimed
by Congress. In assuming the power to
impose fundamental condition" upon a
State which has been duly " admitted into
the Union on an equal footing with the Or
iginal States III all respects whatever Con-
gress asserts a right to enter a State as it
may Territory, and to regulate the high
est prerogative Of free people-the cleo
tive franchise This question Is reserved
by the Constitution 10 the States them
selves, and to coucede to Congress the pow
er to regulate this subject would be to re-
verse the fundamental! principles of the Re
public, 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 Of all political power, 10y 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 it's ac-
ceptance of the I" fundamental condition "
| which Congress endeavors to make unalter-
able and irrevocable. Nor does it prescribe
the penalty to be imposed should the PEG
pie of the State amend or change the par
| ticular portions Of the constitution which
it is one Of the purposes of the bill TO per
petuate, but as to the consequences of such
action 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 suppose that
Efforts will be made to modify its provi
oions, and especially those in respect to
| which this measure prOhlblts any altera-
ton. It is seriously questioned whether
| the constitution has been ratified by ma
iority of the persons who, under the act of
March 2, 1868, and the acts supplementary
thereto were entitled to registration and
to vote upon that issue. Section ten of
the schedule provides that mo person dis
qualified from voting or registering under
this constitution shall vote for candidates
for any office, nor shall be permitted to vote
for the ratification or rejection OF this con-
stitution at the polls herein Authorized"
Assumed to be in force before its adoption,
in disregard of the law of Congress, the
constitution undertakes to impose upon
the elector other and further conditions.
The fifth section of the eighth article pro-
vides that "all persons, before registering
or voting" must take and subscribe an oath
which, among others, contains the follow
ing clause