The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-07-01
Emerson ynttlligcnter.
Veto of the Arkansas Bill.


President, transmitted to the House OF
Representatives, 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: "An act to admit the State of Ark
snsss to representation in Congress"
The approval of this bill would be an
admission on the part of the Executive
that the eAct for the more efficient gov
ernment of the rebel States" passed March
2, 1867, and the acts supplementary there
to, were proper and constitutional. My
opinion, however, IN reference to those
measures has undergone no change, but,
on the contrary, has been strengthened by
the results which have attended their exc
cution.
Even were this not the case, could net
consent to bill which is based upon the
the assumption either that by an act OF
rebellion of portion of its people the
State of Arkansas seeded from the Union,
or that Congress may, at its pleasure, ex-
pei or exclude State from the Union, or
interrupt it's relations with the Govern
ment by arbitrarily depriving it of repre-
sentation in the Senate and House of Rep
resentatires. If Arkansas is State not
in the Union, this bill does not admit.it as
a State into the Union If, on the other
hand, Arkansas is State in the Union, no
legislation is necessary to declare it cnti-
tied ITO representation in Congress as one
of the States of the Union" The Con-
stitirutlon already declares that "each
State shall have at least one Representa-
tive" that the Senate "s!all be composed
of two Senators. from each State;DD ana
sthat no State, wit6out its consent, shall
be deprived Of its equal suffrage in the
Senate" also makes each
House "the Judge of the elections, returns,
and qualifications of its own MEMBERS
and, therefore, all that is now necessary to
restore Arkansas in all its constitutional
relations to the Government is decision
bv each House upon the eligibility OF those
who, presenting their credentials, claim
seats iu the respective Houses Of Congress.
This is the plain and simple plan of the
Constitution; and, believing that had 1t
been pursued when Congress assembled III
the month of December, 1865, the rcstora-
tion of the States would long since have
been completed, l once again recommend
that it be adopted by each House, in pre-
ference to legislation which | respectfully
submit is not only of at least doubtful cor,
stitutionality,. and therefore unwise and
and dangerous as precedent, bnt is unne.
cessary. 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 us one
of the United States than to State which
has occupied a place in the Union for up
wards of a quarter of 4 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 con
dition:
ssThat tho 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 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 under laws equally applicable to
all the inhabitants of said State: Provided,
That any alteration of said constitution,
prospective in its effect, may be made in
regard to the time and place of residence
of voters"
have been unable to find in the Consti-
sutton of the United States any warrant
for the exercise of the authority thus
claimed by Congress. In assuming the
p:wer to impose Fundamental condi-
ton" upon q. State which has been duly
ssadmitted into the Union on an equal foot
ing with the original States in all respects
whatever" Congress asserts right to en-
ter State as it may a, Territory, and to
regulate the highest prerogatlre ef q free
pcople-the elective franchise. This CUES.
ton is reserved by the Constitution to the
States themselves, and to concede to Con-
gress the power to regulate this subject
would be to reverse the fundamental prin-
cipe 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 of all political
bower, by whom our Federal system was
created, and to whose will it is subordl-
nate.
The bill fails to provide in what manner
the State of Arkansas is to signify its &C,
oeptance of the Fundamental condition"
which Congress endeavors to make unal-
tcrable and irrevocabe Nor does it pre-
scriLe the penalty to be imposed should
the people of the State amend or change
:iie particular portions of the constitution
which it is one Of the purposes Of the bill
to perpetuate, but as 10 tile consequences
of such action leaves them in uncertainty
and doubt. When the circumstances under
which this constitution has been brought