The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-06-27
From Washingso

TO day:
To the House CT RepFassatasiEss Ct che Cased sssss
I return, without MY signature, sit en-
sitlsd an act to admit she State of Arkansos
to representation In Congress- 10 apU4ose
of this bin would be au admission ~ tlie
part of the Executive, thai tie aes ior the
more efficient gOveTnment - 1le fsp7t
States, passed March ID, lo0t ans Aae acts
supplementary thereto were psoper aHa eoRt
stitutonaL My opinion, however, is fel5slasoi
to these measures, has undergone 20 ehsnge
but on the contrary has been stle1at 1tsls5l
by the results which nave atlenlsa 5heit
execution and even were not tnis the case
could not consent 60 hll whlch IS based
upon the assumption either that by an oet os
rebellion By q portion Of its peepie, siie
State of Arkansas seeded ffoul -the = o12iF
OF that Congress may, at its pleasure e1ps
or exclude any state from 5he & .tiiss1s or m
terrupt its relations with the Government
by arbitrarily depriying it.of representatlen
ln the Senate and House. .otE fteprese ntatIves.
If Arkansas is not a State in The Union,
this bill does not admit 1t as a state. il, on
Che other hand II is State IN the Union, no
legislation Is necessary. to declare it entitled
to representation in Congress. As
one of the States Of the Union, the Coastitu-
ton already declares that each STATE shaa
have at least one Representatives Ana that
the Senate shall be composed OF tFFe soma
tors from each State, aud that as state,
without its consent, shall be deprIEad Of is
equal suffrage In that Senate. ltslisa makes
each House the Judge of the elsesion re-
turns and the qualifications of its oNn mem.
bers and therefore al taat IS now necessary
to receive Arkansas in all its CONSTITUTIONS
relations to the Government is n decision IS
each House upon the eligibility Of 5hosa
presenting their credentials and claims to
seats in the respective Housesof Congress.
This fs the plain and simple plan OF the
Constitution, and had it been pursued when
Congress assembled IN the month Of Decem-
Der, 1865, the restoration of the States
would have been long since completed.
l once again. earnestly recommended that
it be adopted by e4ch House Of Congress.in
reference to the legislation, which Irespect-
fully submit which IS not only of doubtful
constitutionality and therefore unwise and
dangerous as precedent, but unnecessary
and not so effective in It's operations asthe
mode prescribed by the Constitution. It IN
wolves an additional delay, and from its
terms, it may be taken rather as applicable
to a territory about to be admitted as one Of
the United States, than as State which has
occupied a place iu the Union for upwards
OF a quarter Of a century.
The bin declares that Arkansas is entitled
and admitted to representation in Congress
as one of the States of the Union upon the
following Fundamental conditions,
That the Constitut ton of Arkansas shall
never be so amended or changed as to de-
prive any citizen or class of citizens 0f the
United States of the right to vote who are
entitled to vote by the Constitution hereia
recognized, except for punishment for crimes
that are now felouies Ut common law, whereof
they shall have been. convicted, equally ap-
plicable to-aH the Inhabitants Of said state,
provided any alteration of said Constitution,
prospective in It's effect, may be made in re-
gard to time and place OF residence Of
voters. ] have been unable to find IN the
Constitution of the United States any war
rant for the exercise of the authorities. thus
claimed by Congress IN assuming power TO
impose fundamental conditions on q State
which has been duly admitted into the
Union on an equal footing with the original
States IN all respects whatever. Congress
asserts a right to enter a State-asi it may be-
a Territory, and to REMOVALS. the highest pre-
hrOgative of a free people-the elective frau
ehise-as this question Is reserved by tho
Constitution 60 the States themselves, and
to concede to Congress the power to regulate
this subject would Tbe the reverse of the
Fundamental principle Of the Republic and
place in the hands Of the Federal Govern
ment, which IS q creation Of the States, the
sovereignties which justly belongs to. the
States or the people, the true source of all
/ political power by whom our Federal system
, was created, and toswhose will it is subordin-
ate.
The bill fails to provide in what manner
/ the State Of Arkansas Is to signify It's ac-
/ ceptance of the fundamental condition
/ which Congress eudeavors to make Gnalter-
/ able, nor does it prescribe the penalties to
/ be imposed should the people Of the State
amend or change the particular portions Of
/ the Constitutions which it was one Of the
I purposes of the bill to perpetuate, but as to
/ the consequence of such action as leaves
I them in uncertainty and doubt when the
! circumstances under which this Constitu-
! ton has been brought to the attention of
! Congress are considered, it is not unreason-
/ able to suppose that efforts will be made 20
modify It's provisions, especially those in re-
I spect to which this measure prohibits any
I alteration 1t Is seriously questionable
whether the Constitution has been ratified
by a majority Of the persons, who, under the
act Of March ID 1865, and the acts supple
mentary thereto, were entitled to registra-
ton and to Fote upon the issue. Section 20
! of the schedule- provides that no persons
/ disqualified from voting or regstracy under
this Constitution shall vote fer candidates
for any Office, or be entitled to vote for the
ratification or a rejection of the Constitu-
ton at the polls, is herein authorized and
assumed to be in force; therefore its adop-
ton is IN disregard of the law Of Congress.
upon the electors other and further cOndi-
tions. The fifth section of the eighth article
provides that all persons before registering
or voting mast take and subscribe to an
oath which, among others, contains the fol-
lowing clause: THAT l accept the civil
and political equality Of all men, andagree
/, not to attempt TO deprive any person or per-
sons, on account Of race, color or previous
condition, of any political or civil rights,
privileges or immunities enjoyed by any
other class Of men"
it is very well known that ina large por-
ton Of the elections IN all the States if not
in all, they do not believe in or accept the
political equality of Indians, Mongolians or
negroes, with the race to which they belong.
, If the voters ia many Of the States Of the
: Northwest were required to take such an
oath, as a testof their qualification, there is
reason to believe that a majority Of them
would remain away from the polls, rather
than comply With such degrading conditions.
Then 10 Hlab extent this test oath prevented
the registration of those who were qualified
I under the laws Of CONGRESS. It Is impBssiias