Year: 1868




day:


TO the House of Representatives.,


| return without signature a bill entitled


San act to admit the State Of Arkansas to
representation in Congress. To approve
OF this bill would be an admission on the


part of the Executive that the act for the


more efficient government Of the rebel
States, passed March 2 1867, and the
acts supplementary thereto, were proper
and constitutional. My opinion, however,
in reference to those m assures has under
gone no change, but on the contrary hes
been strengthened by the results which have
attended their execution. Even were this
not the case, | could not consent to bill
which is based upon the assumption that by
an act of rebellion of a portion Of its peo-


pie, the State of Arkansas seeded from


the Union, or that Congress may at its


pleasure expel or exclude any State from


the Union, or interrupt its relation with the
Government by arbitrarily depriving it Of
4 representation in the Senate and House OF


Representatives. If Arkansas is not
State in the Union this bill does not admit


it as a State; il on the other hand it is


State in the Union no legislation is neceS-
sary to declare it entitled to representation


in Congress as one of the States of the


Unioh The Constitution already declares
that each State shall have at least one Rep
resentatiye, apd 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 that Sen
ate, and also makes each House the Judge


of election returns and qualifications Of its
own members, and therefore all that is now
necessary to secure Arkansas in all its con-


stitutional relations to the Government is
decision by each House upon the eligibility
of those who, presenting their credentials,
claim seats in the respective houses OF Con
Fgrcss. This is the PLAIN aud simple plan Of
the Constitution; and, believing that had it


been Pursued when Congress assembled in
the month Of December, 1863, the rcstGla>
tion of the States would long since tecn
tF,npletcd. once again earnestly recon


mend that it beadopted by each House, -


In reference to legislation which, L respect
fully submit which is not only of doub,. ii
constituti0ualitv, therefore unUiSe and dan
gerous as precedent, but unnecessary, and
not so effective in its operation. As the
mode prescrib. d ty the Constitution III
wolves additional delay, ard from its terms
be taken rather as applicable to territory
about to be admitted as one Of the United
States than State which has occupied a
place in the Union tor upwards of quarter
Of century, the bill declares Arkansas is
entitled to be admitted to representation in
Congress as one O. the States of the Union
upon the fol owing fundamental conditions:


That the Constitution of Arkansas shall


never Re 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 for punishment for
crimes that are now felonious at common
law, whereof they shall have been convict>
ed, as usually applicable to all the inhabi>


tants of said State; provided, any alteration


of said Constitution prospective IN its ctfect


may be made in regard to time and place OF


residents Of voters.


| have he N unable to find in the Consti-
tuition of the United States any warrant
for the exercise of the authority thu, clan-
ed by Congress in assuming the power 10
impose fundamental conditions on State
: which fas been duly admitted into the I'm
ion on an equal footing with the original


States in all respects whatever. Congress
asserts right to enter State as it may be
Territory, and to regulate the highest
, prerogatiye Of free people by the elective
franchise. This question is reserved by the
Constitution to tie States themselves, and
to concede to Cor ress the power to rcpu-
late this subject would be to reverse the


fundamental principles Of the Republic,
,, and place in the hands Of the 81 deral Gov
ernment, which is a creature of the States,


and the sovereignty which justly belongs to
: the people are the true sources Of all po'it-
: cal power by whom our Federal system was
created. and to whose will it is subordinate.
The bill fails to provide in what manner
the State of Arkansas is to signify its ac-


eeptance OF the fundamental condition
t which Congress endeavors to make unatcr-
: able and irrevocable; nor does it plescri5e
e the penalty to be imposed, should the pco-
5 nle of the State amend or change the par
+ ticuar portions of the Constitution which
: 1t was one Of the purposes of the blll to
S pcrpetuatc; but as 10 the consequence OF
: such action as leaves them in uncertainty
!; and doubt; when the circumstances under
L which the Constitution las been brought to
D the attention of Congress are considered, it
y is not unreasonable to suppose that efforts
e will be made TO modify its provisions, and
y prevent those in respect towhich this meas
! ure prohibits any alteration. Ii is serious
i IL questioned whether the Constitution has
o been ratified by majority of the persons
It who. under the act of March ., 1865, and
It the acts supplementary thereto, were EMIT.
1t led to registration and to vote upon that


issue. Section 10 of the schedule provides
n that no persons disqualified from voting Of
a registering under this Constitution shal
e vote for candidates for any office, nor be
d permitted to vote for the ratification or re-
G lection of the Constitution, at the polls
d herein authorized and assumed to be il
r force, before its adoption. In disregard o
TT the law of Congress. the Constitution un
dertakes to impose upon electors other anc
l fyrther conditions a,# at.a