Des Arc weekly citizen., 1868-06-30
The House Passes the Fssis
 Over inc veto.
WAsHINGroN, June 2l.


 gress. To approve of this bill would
 be an admission on the part of the Ex- | ecutivc that the "act for the more eff cicut government of the rebel States, passed March Sd, lS6I, and the act sup- piementary thereto, were proper and constitutional My opinion, however, in reference to these measures, has un- dergone no change. but on the contrary have been strengthened by the results which have attended their execution.
 Even were this not the case, could not sonsent to bill which is based
 upon the assumption either that by an
 act of rebellion of a portion of it's peo- pie the State of Aakansas seeded from the Union, or that Congress may at its pleasure, expel or exclude any State from the Union or interrupt it's relation
 with the government by arbitrarily de- priving it of representation in the Sen
 ate or House of Representatives. Ii | Arkansas is not a State in the Union this bill does not admit it as q State
 on the other hand, if it is a State in the Union, no legislation is necessary to de- clare it entitled to representation in l Congress as one of the States or the 1 Union.
 1 The constitution already declare each l State shall have at least one Represent ative; that the Senate shall be compos- l ed of two Senators from each State ; l that no State. without its consent, shall l be deprived off equal suffrage in the l Senate and alsS makes each house the l judge of the election returns and 1 qualifications of its own members and
 therefore, all that is now necessary to
 secure Arkansas in all the econstitution- l al relations to the government IS . 1 decision by each house upon the eligi-
 bility of those who, presenting their l credentials, claim seats i'll the respec- 1 tive houses of Congress. This is the l plain and simple plan of the Constitu-
 ton, and believing that had it been l pursued when Congress assembled in ! the month of December, 1865, the l restoration of the States would long l since have been completed.
 \ l once again earnestly recommend I that 1t be adopted by each house in re- I ference to legislation, which l respect l fully submit is not only of doubtful l constitutionality- unWise and l dangerous as a precedent-butunnec l s&ry. It is not so effective in it's opera l ton as the mode prescribed by the con l stitution, involves additional delay, and l from its terms will be taken rather as I applicable to a territory about to be l admitted as one of the United States 1 than State which has occupied place l in the Union for upwards of quarter
 of q century.
 l The bill declares Arkansas Is entitled
 and admitted 10 representation in Con gress one of the States of the Union l upon the following fundamental condi- f tioAs:
 That the constitution of Arkansas ] shali never be so amended or changed
 as to deprive any citizen, or class ot l citizens of the United States of the right to vote who are entitled 10 vote l by the constitution herein recognized, except for punishment for crimes that are now telonies at common law, V hereof they shall have been convicted.
 and equally applicable to all the inhabi-
 tants of said State provided any altera-
 ton of said constitution, prosciptiye 1 in it's effects, may not be made." 1 have been unable to find in the constitution of the United States any warrant for the exercise of the author ity thus claimed by Congress in assum-
 ing the power to impose fundamental heonditions on a State which has been 1 duly admitted into tue Union on an . equal footing with the original States i'll all respects whatever. Congress
 asserts a right to enter State As though it were a territory, and to ! renovate the highest prerogative of n l free people--the elective tranchise. This question Is reserved by theconsti- tuition to the States themselves i; and to concede to Congress the power to regu- 1 late this subject would be to reverse 1 the fundamental principle of the repub- { lie and place in the hands of the Feder- 1 al government, which is q creature of l the States, the sovereignty which just 1 ly belongs to the States, or the people,
 the true source of all political power. 1 by whom our Federal system was
 created, and to whose will it is subor- l qinate.
 The bill fails to provide in what manner the State Of Arkansas is to l signify its acceptance of the fundamen-
 tai condition which Congress endeavors 1 to make unalterable and irreyocable,
 nor does it prescribe the penalty to oe 1 imposed should the people of the State
 amend or change the particular DOT
 tions of the constitution which it was
 cue of the purposes Of the bill to perpetuate but as to the consequence of such action as leaves them in uncer-
 tainty and doubt when the circum- ! stances under which this constitution
 has been brought 10 the attention of ! Congress are considered, it is not
 unreasonable to suppose that efforts will be made to modify it's provisions,
 especially those in respect to which
 this measure prohibits any alteration 1 It is seriously questionable whether 1 the constitution has been ratified by a majority of the persons who under the
 act of March second, 1865, and the acts supplemental thereto, were entitled to regi ishation and vote upon that issue. section ten, of the schedule, provides
 that no persons disqualified from vo-
 ting or registering under this constitu- 1 ton, shall vote for candidates for any office, nor be permitted to vote for the ratification or rejection oft constitu-
 ton at the polls herein authorized and assumed to be in force; therefore its adoption is ill disregard of the law of Congress.
 The constitution undertakes to inn pose upon tie electors other and fur ther conditions. The fifth section of
 the eighth article provides that all per sons before registering or voting must take and subscribe to an oath which, ] among others, contains the following clause:
 That l accept the civil and political equality of all men, and agree not to
 attempt to deprive any person or per- sons, on account of race, color or previ-
 ous condition, of any political or civil
 rights, privileges or immunity enjoyed
 by any other class of men."
 II is well known that very large portion of the electors in all the states,