The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-08-05

4
1867, and in obedience to tho so-called re-
construction acts of Congress, cannot DO
legally received and counted; while tho
only votes in those States that can be To-
| gally cast and counted will be those cast
in pursuance of the laws in force in the
several States prior to tho legislation by
Congress upon the subject OF reconstruc-
tion.
cannot refrain from directing your
special attention to the declaration con-
tanned in the joint resolution, that "none
of the States lately in rebellion shall be
entitled to representation in the electoral
college," Sc. If it is meant by this de-
claration that no State is to be allowed to
vote for President and Vice President, dU
of whose inhabitants were engaged IN the
late rebellion, it is apparent that no one
of the States will be excluded from voting,
since it is we'll known that in every South
ern State there were many Inhabitants
who not only did not participate in the
rebellion, but who actually took no part
in it's suppression, or refrained from giving
it any aid or countenance. therefore
conclude that the true meaning OF the
Joint resolution is, that no State, portion
of whose inhabitants were engaged in tho
rebellion, shall be permitted to participate
in the Presidential election, except upon
the terms and conditions therein pre-
scribed.
Assuming this to be the true construc-
tion of tho resolution, tho inquiry becomes
pertinent: May those Northern States,
q portion of whose inhabitants woro actu-
ally in the rebellion, bo prevented, at tho
discretion Of Congress, from having their
electoral votes counted? 1t is we'll known
that portion of the inhabitants of New
York and portion of tho inhabitants of
Virginia werc alike engaged in the re-
bollion yet it is equally well known that
Virginia, as we'll as New York, was at all
times during the war recognized by the
Federal Government as 81 State in the
Union-so clearly that upon the tormina-
tion Of hostiities it was not even deemed
necessary for her restoration that Il Pro-
visional Governor should be appointed
vet, according to this joint resolution, the
people of Virginia, unless they comply
with tho terms it prescribes, arc dcnied
the right of voting for President, while
tho people of New York-a portion OF the
inhabitants Of which State were also in
rebelion-aro permitted to have their
electoral votes counted, without under
goino the process Of reconstruction pre-
scribod for Virginia New York no moro
State than Virginia; the one is as much
entitled to representation III the electoral
college rs the other. If lfCongress has the
power to deprive Virginia OF this rig lit,
it can exercise the same authority with
respect to New York, orany othey OF the
States. Thus the result OF tho Prcsdcn-
tial election may be controlled and de-
tcrmined Ivy Congress, and the people be
deprived of their right undor the Constl-
tuition to choose Il President aud Fico
President Of tho United States.
If Congress were TO provideb by law that
the votes Of mono OF the States should hc
received and counted, if cast for Il candi-
date who differed in political sentiment
with majority of the two Houses, such
legislation would at once be condemned
by the country as an unconstitutional and
revolutionary usurpaton OF power 1t
would, however, be exceedingly difficult
to find in tho Constitution any more au-
thority for tho passage of tho joint reso-
luton under consideration than for an
enactment looking directly to The rcicc-
ton of all votes not in accordance With
the political preferences of majority OF
Congress. No power exists i'll tho Con-
stitution authorizing the joint,rcsoluton or
the supposed law-thc only difference
being that ono would be more palpably
unconstitutional and revolutionary than
the othoro Both would rest upon the
Radical error that Congress has the power
to prescribe terms and conditions to the
right of the poodle of the States to cast
their votos for President and Vice Presi-
dent.
For the reasons thus indicated, 1 am
constrained to return the joint resolution
to tho Senate, for such further action
thereon as Congress may deem necessary.
ANDREW JOHNSON.
WASHINGTON, D. c., July 20, 1868.
The following is the bill, or resolution,
regulating the vote of the Electoral Col
loges of the Southern States, and which
passed Congress ovcr tho Presidents veto
by tho necessary two-thirds vote. AS
Virginia, Mississippi and Texas have
failed to comply with the provisions of
this bill, those States will bo excluded
from casting any vote for the Presidency ::
Resolred, That none of the States whose
inhabitants wore latoly in rebellion shall
be entitled to representation in the Elcc.
toral College for choice of President aud
yico President of tho United States nor
shall any electoral votes bo received or
counted from any such States unless at
the time prescribed by law for the choice
of electors, the people of such States Pur-
suant to tho acts of Congress in that
behalf shall have since the 4Lh Of March,