The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-06-24
THE VETO.
THE ARKANSAS BILL, RETURNED
The Presidents Objections Thereto.

ldent sent the tOliOWlng message 10
Congress, to-day.
To the House of Representative;
1 return without my signature bill |
entitled an act to admit the State of !
Arkansas to representation in Con- |
gress. To approve of this bill would |
be admission on thepart of the Exec
utive that the act for the more efficient |
government of the rebel States, passed
March I'd, 1867, and the acts supple
mentary thereto, were proper and
constitutional. My opinion, however,
in reference to these measures has un-
dergone no change; but, on the con-
trary, has been strengthened by the
resultswhich have attended their ex-
ecution, Even were this not the case,
L could not consent to ii bill which is
based upon the assumption either that
by an act of rebellion of 4 portion of
the people of the State of = ArkanSaS
seeded froa the Union, or inter-
rupted its relations with the Govern
ment by arbitrarily de9riving it of
representation in the Senate and
House of Representatives.
If Arkansas is not st tie Of the
Jaion this bill does not admit ii as
State; if on the other hand it i
State in the Union, no legislation is
necessary to declare it entitled to rep.
reSentation in Congress as one of the
States of the Union. The ConStitu-
tion already declares 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, Sllall be de-
prived OF its equal suffrage i that
Senate, and also makes each house
| Judge of election returns and qualiti-
cations of its own members; and all
| that is now necessary to secure Ark
ansas in all its constitutional relations
/ t. the Government is a decision by
each House upon the eligibility of
| those who, presenting their creden-
| tialS, claim seats in the respective
| Houses of Congress, and believing
! that had ii been pursued when Con-
| greSs assembled in the month of De-
! cember, 1867, the restoration of the
| States would long since have been
completed. / once again earnestly
recommend that it be adopted by
each House.
In reference to the legislation which
| l especially submit, is not only of
doubtful constitutionality, and there
fore unwise and dangerous as prece-
dent, but unnecessary; not so effective
in it's operation as the mode prescrib-
ed by the Constitution, involves addi-
tional delay, and from its terms be ia
ken rather as applicable TO a territory
about to he admitted as one of the
United States than a State which has
occupied place in the Union for up
wards of a quarter OF a century, the
bill declares that Arkansas is entitled
and admitted to representation in
| - n 81
Union upon the following fundamen-
tai conditions; THAT the constitu-
ton 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 CohStitu-
tion herein recognized, except for
punishment for crimes that are now
ielouits at common law, whereof they
, ! shall have been convicted, is equally
applicable to all the inhE bitanls OF
said State: Provided, That any alter
alton OF sain Constitution, prospective
in its effect, may be made in regard to
the time and place of residents of Vo-
ters." ! have been unable to find in
the Constitution of the United States
any warrant for the exercise of the
authority thus claimed by Congress
in assuming power to impose a fun
, damentaI condition OIL a State which
has been duly admitted into the
Union on an equal footing with the
original States in all respects what
5 ever. Congress asserts the right lC
I enter n State as il may be a territory
E and TO regulate the highest preroga
tive of IA free peOple-the elective fran
chise. This question Is reserved hy
the ConsG utiOn TO the States, and Il
ulate this subject would be to TeVerSC
the fundamental principles of the Re
, public, and to place in the hands o
1 the Federal Government, which iS /
+ J creation of the States, the sovereignty
I which justly belongs to the States o.
the people, the true source OF all pOlit
ical power, by whom our federal sys
e tenn was created, and to whose will /
e is subordinate.
y The bill fails to provide i'll wha
: manner the State OF Arkansas is Il
signify its acceptance of the funda
8 mental condition which Congress en
deavors to make unalJerable and ire
= Vocable. Nor does il prescribe tn
A penalty to be imposed should the peo
pie of the State amend or change par
ticular portions OF the Constitution
t which il was one of the purposes O
= the bill to perpetuatc. But as to tn
. consequences Of such action as leave
= them in uncertainty and doubt, Whe
the circumstances under which thi
a constitution has been brought to tn
If attention of Congress are considered
it is not unreasonable to suppose tina
efforts will be made to modify its pre-
l. visions, especially those III respect I
n which this measure prohibits any a
IS teratiOn. 1t is seriously queStiOne
a whether the Constitution has bee
ratified by . majority of the person
q who, under the act of March, 2, 1866
and the acts supplementary thereto
were entitled to registration and
vote upon that issue. Section tent
of the schedule provides that no pei
N sons disqualified from voting or res
4 istering under the Constitution sha
vote for candidates for any Office, nc
n be permitted to vote for candidate
Ia for any Office, nor he permitted t
G. Vete for the ratification or rejection {
o. the Constitution at the polls herei
authorized, assumed to be IN force bt
'e fore its adoption, in disregard of III
), law or Congress.
. The Constitution undertakes 10 III
20 pose upon electors other and furtht
conditions. The fifth section of til
eighth article provides that all pc
sous before registering or voting mu
SS take and subscribe to an oath whicl
So among Others, contains the followin
SO clause: 'ssHhat L accept the civil an
SO political equality of all men, and agrt
IL nou TO attempt to deprive any perso
II or persons, on account of race, cole
10 or previous condition, of any polite.
36 or civil right, privilege or immunit
45 enjoyed by any other class Of men,"
10 t is we'll known that a very lars
portion of theelectors in all the State
if not all, majority, do not belle,
in or accept the practical equality
~ Indians, Mongolians or Negroes, wit
u. the race to which they belong, If Il
SIS voters in many of the States of ii
K North aud West were required
lg take. such an oath as test of the
"a qualifications there is reason to b
he lieve that majority of them wou
'c- remain from the polls rather ths
al comply with such degrading cond
p tlons, HOW far and to what eXtel
Ii this test oath prevented the registe
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