The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-06-22
wAsHINGTON.
Veto of tne Arkansas Admission Blll

of Arkansas to representation in Con-
} gress.' The approval of this bill would
7 be an admission on the part OF the Ex-
ecutive that the act for the more ef1-
cient government of the rebel States,
passed May I'd, 1867, and the acts sup
Elementary thereto, we're proper and
constitutional. My opinion. however,
in reference to those measures has un-
dergone no change, but, on the con-
trary, has been strengtheued by the
results which have attended their exc
Il cution. Even were this not the case, 1
could not consent to a bill which Is
based on the assumption either that by
an act of rebellion OF a portion OF Its
people the State of Arkansas seeded
from the Union, or that Congress may
at its pleasure e1pel or exclude state
from the Union or interrupt its rela-
tions with the Government by arbitra-
rtly depriving 1t of representation IN
the Senate and House of Representa-
tives. If Arkansas is not State in the
Union, this bill does not admit 1t as
a State. If, on the other hand, it is a
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 Constitution
already declares that each State shall
have at least one representatives: that
the Senate shall be composed of two
Senators from each State; that no State,
without its consent, shall be deprived
of its equal suffrage in the Sem
the Judge of the election
returns and qualifications of its own
members, and therefore all that is now
necessary to secure Arkansas in all its
Constitutional relations to the Govern
| ment is decision by each House upon
the eligibility of those who, presenting
their credentials, claim seats in
the respective Houses OF Congress.
This is the plain simple plan of the Con
stitution, and believing that had it
been pursued when Congress assem-
bled in the month Of December, 1865,
the restoration OF States would long
| since have been completed. once
again earnestly recommend that it be
adopted by each House in preference to
legislation. which 1 respectfully sub
nit, which is not only of doubtful
Constftutionality, and therefore unwise
aud dangerous as a precedent. but is
| unnecessary and not SO effective in its
operation as the mode prescribed by
the Constitution. 1t involves addition
| al delay and from its terms be taken
rather us applicable to a territory
about to be admitted as one of the
| United States than State which has
occupied place in the Union for up
wards quarter of a century. The bill
declares Arkansas is entitled adj
mitted to representation in Congress as
one of the States of the Union upon
the following fundamental conditions:
| The the Constitution of Arkansas shall
never be SO amended or changed as to
deprive any citizen or class OF citizens
OF the U. S. OF the right to vote who
are entitled to vote by the Constitution
herein recognized, except for
punishment for crimes that are
now felonious at common law
whereof they shall have been
| lNla ~ oll In
inhabitants of said State; provided any
alteration of said constitution, prospec-
tive in its effects, may be made in re-
gard to the time and place of residence
of voters.
I have been unable to find in the
Constitution of the United States any
| warrant for the exercise of the author1.
ty thus claimed by Congress in assum-
| ing the power to impose fundamental
conditions on State which has been
duly admitted into the Union on an
equal footing with the original States
in all respects whatever. Congress as
| serts it as right to enter State as 1t
may territory, and to regulate the
highest prerogative ofa free people, the
| elective franchise. This question is re-
served by the Constitution to the States
themselves, and TO concede to Congress
the power to regulate this subject would
| be to reverse the fundamental prtnct-
pie of the republic and place 1t in the
hands OF the federal government,
| which Is creature of the States or the
people, the true source OF all political
| power, by whom our federal system
was created and TO whose Will it is
| subordinate.
The bill fails to provide in what man
ner the State of Arkansas is to signify
its acceptance of 1.-THE fundamental con-
stitution which Congress endeavors to
make unalterable and irrevocable.
Nor does it provide the penalty to be
| imposed should the people of the State
amend or change the particular por-
tions ofthe Constitution, which 1t was
one of the purposes of the bill to per-
petuate. 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 to the attention of
Congress are considered. 1t is not un-
reasonable to suppose efforts will be
made to modify its provisions, espe-
cially those in respect to which
this prohibits any alteration. 1t
is seriously questioned whether the
constitution has been ratified by ma
jority of the persons who, under the
act of March I'd, 1865, and the acts sup
Elementary thereto, were entitled to
registration and to vote upon that issue.
Section ten of the schedule provides
that no person disqualified from voting
| OE IeRlSI6E1uR uuu6I Iul6 COu6LlluLlOn
shall vote for candidates for any office
or be permitted to vote for the ratifi-
cation or rejection of the constitution at
the polls authorized. Assumed to be
In force before Its adoption, in disre-
gard of the laws of Congress. the con-
stitution undertakes to impose upon
electors other and further conditions.
| The fifth section OF the eighth article
| provides that all persons, before regis
Iering or voting, must take and SUBJ
scribe to an oath which, among other
things, contains the following clause:
'That I 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 pre-
vious condition, of any political or civil
| right, privilege or immunity enjoyed
by anyclass ofmen." tits well known
that very large portion of the cleo
tions in all the States, II not all ma
! litical equality of Indians, Mongolians
or negroes with the race to which they
belong. If the voters in many of the
| States of the North and West were re.
quired to take such an oath as q test
| OF their qualifications, there Is reason
t. believe that majority of them
would remain from the polls rather
than comply with such degrading con-
ditions. How far and to what extent
this test oath prevented the registration
of those who were qualified under the
laws Of Congress it is impossible to
know, but such was its effect as at least
sufficient to overcome the small and
doubtful majority In favor of the Con-
stitution there can be no reasonable
doubt. Should the people of Arkansas
Il -. 1II.ka