The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-07-22
r,oo,oraI College BiII-Nessage
fhc Of the President.
/. - the limited States :

y. ,' .,, civrn to the joint resolution emit
nav .S,solition excluding from the cleo
'ri. 'nnrc votes Of States lately in rebel
~ .y';r shall not have been re6rgan-
~, corrfnl examination rs ! have
''>' Nh "a bastowupon the subject during
.,G ~, DAYS that have interviewed since the
re ~. 20 was submitted for my approval.
'C %,.I;nr constrained 70 withhold my con-
'ct'' r%ssrnvith return the resolution to the
~ =, which house it originated, with
.'..s stotemeRt Of the reasons which
''' :.5nrcd my action. This joint reso-
',' -; i based upon the assumption that
'w'' - the States, whose inhabitants were
'". - rebellion, are not now entitled to
'S', ..n,ation in Congress and to partici-
}', ,,S; - .hc election of President and Vice
...;3cn. Of the United States.
Having heretofore had occasion to give in
'.: - ,,T reasons for dissenting from this
+ j. not necessary ut this time to re-
.Lc,, II is sufficient to state that ]
-,;rnc strong in my conviction that the
.,nr secession hy which q number Of the
...,rS sought TO dissolve their connection
~ tho other States, and to subvert the
,..'r being unauthorized by the Consti-
"a, and in direct violation thereof, were
.,g the beginning absolutely null and
III. II follows necessarily that when the
.ts,ron terminated, the several States
,..;,b had attempted to secede continued
3. States in the Union; and all that was
aired 10 enable them to resume their re-
cons 10 the Union was that they should
..rt the measures necessary to their prac-
IA restoration rs States. Such measures
,.-, adopted, and the legitimate result was
is; those States, having conformed to all
g rcouiremcnts Of the Constitution, re-
med their former relations and became
..,.rlcl to the exercise of all the rights
..arau,ccd to them by its provisions.
The Joint resolution under consideration,
...o,cr seems to assume that by the in
,..rrrnt;onarv acts of their respective IN
,t;,art. those States forfeited their rights
.nrh and can never again exercise them,
...a,. ',,on realmission into the Union on
.l'o ,cr,rs nrescrihcd by Congress. If this
:.;a,, he correct it follows that they
49,, ,al.cp ont Of the Union by virtue OF
.';. ac,. or secession and hence that the
,.,r r.onoI ,,pon them was illegal and I'M
.'..;,r,iouai. We would thus be placed
his Inconsistent attitude-that while the
,..r wo. commenced and carried on upon
60 distinct ground that the southern
lr,r.. being component parts of the Union,
ore in rebellion against the lawful autho-
,.rr Of the United States, upon its termlna-
,..r we resort 10 policy Of reconstruction
winch assumes that it was not in fact q re-
.r'i4n. buI that the war was waged for the
; .nynest Of territories assumed to be out
.:Gc Of the constitutional Union.
The mode and manner Of receiving and
r..rripg the electoral votes for President
,ri President Of the United States are
:.,laiuand simple terms prescribed by the
restitution. That instrument Imperative
;. rcruires that the President Of the Senate
r-gail. in the presence Of the Senate anu
H.rse Of REPRESENTATIVES, open MI the GER
,r-atcs, and the votes shall then be count
e." Congress has therefore no power, I'M
Ter the Constitution, to receive the electo-
raj votes or reject them. The whole power
!. exhausted when, in the presence OF the
,xy houses. the votes are counted and the
,-1lt declared. In this respect the power
and dutv of the President of the Senate are,
.ler the Constitution, purely ministerial.
When, therefore, the joint resolution de-
ares that no electoral votes shall be re-
grged or counted from States, that since the
ah 4 March, 1867, have not "adopted
institution of State government under
%a!ch State government shall have organ
;,rl q powcris assumed which is nowhere
delegated to Congress, unless upon the as
.4mp;ion that the State governments or
r.ni1ei prior to the 4th Of March, 1867,
were Illegal and void.
The Joint resolution, by implication at
: least, comedies that these States were States
Il, virtue Of their organization prior to the
4.a Of March. 1867, but denies to them the
,ir to vote in the election of President
uITice-Prcsidcnt of the United States. 1t
,..ow= either that this assumption OF power
!. whllv unauthorized by the Constitution,
etIat the States so excluded from voting
vrrc ont Of the Union by reason OF the re-
4 lrion, and have never been legltlmately
2s,iorrl Being fully satisfied that they
/ we're never out of the Union, and that their
relations thereto have been legally and
\ cusiitutionally restored, am forced to the
conclusion that the joint resolution, which
Gevriyes them of the right to have their
votes for President and Vice-President re-
crjycl and counted, is in conflict with the
institution, aud that Congress has no more
over to reject their votes than those OF the
>"ics which have been uniformly loyal to
oe Federal Union.
Ills worthy Of remark, that If the States
Taere inhabitants were recently IN rebel
Uoa were legally and constitutionally organ
'syI and restored to their rights prior to
tie It'll Of March, lS67,-as | am satisfied
they wcre-the only legitimate authority
under which the election for President and
'rr.Prcsilcnt can be held therein must be
=. rived from the governments Instituted
Il e'lre that period. 1t clearly follows that
q the State governments organized In those
u Safes under act Of Congress for that pur-
81 Use, and under military control, are lille
81 climate, and of no validity whatever;
81 4l IN that view the votes cast in those
III Saits for President and President, in
81 irsaance Of acts passed since the 4th Of
81 March, laG7, and in obedience to the So
o.ci reconstruction acts of Congress,
al "a1ot be legally received and counted;
I'll vile the only votes in those States that
81 ~ be legally cast and counted will be
E 'se cast i'll pursuance Of the laws in force
81 u NE several States prior to the legisla-
E ~A BY Congress upon the subject Of recon
81 h'Qciou.
s cannot refrain from directing your spe-
IS '' attention to the declaration contained
81 3. "e lont resolution, that "none Of the
,''ss lately in rebellion shall be entitled
NJ 'slresentation in the electoral college"
n w. Ii III meant by this declaration that
K '' 9'A'e Is TO be allowed to vote for Presi-
E '"' and Eice-prcsidcnt oR Of whose in
NJ ,.,'"ls were engaged in the late rebel
s ,,@ II Is apparent that no one of the
''s' VIII be excluded from voting, since
( wei! known that in every southern