Year: 1868

Sress Again Urged to Return TO Obedience


70 the Constitution.


WASHINGTON, D. c., June 20, 1858.


The President sent the following message to Con.
gress to-day


TO THE HOUSE OF REPRESENTATIVES,


return without my signature bill emitted IAN
act to admit the State ef Arkansas to representation
In Congress-" The approval OF this bill would be an
admission on the part of the Executive that the Act
for the more enicient government Of the rebel
States" passed March q, 1857 and the acts supple
mentary thereto were proper and constitutional.
Ny 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 execution. Even
were this not the case could not consent to bill
which Is based upon the assumption, either that by
an act OF rebellion OF portion Of its people the State
OF Arkansas seeded from the Union or that Con-
gress may at its pleasure expel or exclude State
from the Union or interrupt its relations with the
government by arbitrarily deprivng it Of representa-
ton in the Senate and House Of Representatives II
Arkansas is State not in the Union this bill does not
admit it as State into the Union. If on the other
hand Arkansas is State IN the Union legislation
s necessary to declare it entitled to representation
in Congress as Of the States of the Union. The
constitution already declares hat each States shall
have at least representatives, that "the Senate
shall be composed Of two Senators from each State;"
that mo State without its consent shall be deprived of
its equal suffrage in the Senate That instrument also
makes each House the judge Of the election returns
and qualifications Of its own members, and, there
FORE all that is necessary to restore Arkansas
In all its constitutional relations to the government
Is a 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 and simple plan OF the constitution,
ana believing that, had 1t been pur-
sued when Congress assembled in the month
Of December 1855, the restoration of the
States would long since have been completed, /
once again earnestly recommend that it be adopted
by each house in preference to legislation which re-
spectfully submit is not only Of at least doubtful
cOnsttutionality, and therefore unwise and danger
precedent, but is unnecessary, not effec-
tive in its operation as the mode prescribed by the
constitution, involves add itonal delay, and from its
terms must be taken rather as applicable to Terri
tory about to be admitted as .one Of the Uni
ted States than to State which has
occupied q place in the Union for up
wards Of a quarter Of century. This bill de-
clares the State OF Arkansas is entitled and
admitted to representation in Congress one Of the
States of the Union upon the following fundamental
conditions:-That the constitution OF Arkansas shall





citizen class Of citizens OF the United States OF the
right to vote who entitled to vote by the const
tuition herein recognized except as punishment
for such crimes as are now feonies 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 con-
sttution 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 constitu-
tion Of the United States any warrant for the exer
else Of the authority thus claimed by Congress. In
assuming the power to impose Fundamental con-
ditions' upon State which has been duly admitted
into the Union on an equal footing with the original
States in all respects whatever, Congress asserts
right to enter State as it may Territory and to
regulate the highest prerogatve OF free people, the
elective franchise. This question is reserved by the
constitution to the States themselves and to
cOncede to Congress the power to regulate this sub
Ject would be 10 erse the fundamental principle 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 the
peOple-the true source Of all political power, by
whom our federal system was created, and to whose
win 1t Ii subordinate. The bill fails to provide in
what manner the State Of Arkansas is TO signify
Its acceptance OF the fundamental condition
which Congress endeavors to make unalterable and





be imposed should the people of the State amend
change the particular portions Of the constitution,
which IL was one OF the purposes Of the bill to per-
petuate But as to the consequences OF such action
ftleaves them In uncertainty and doubt When the
circumstances under which this constitution has
been brought to the attention Of Congress con-
sidered It is not unreasonable to suppose that
efforts VIII be made TO modify Its pro-
visions, especially those in respect to which
this measure prohibits any alteration 1t is
seriously questioned whether the constitution
has been ratified by majority OF the persons who,
under the act OF March @ 1865, and the acts supple
mentay thereto entitled to registration and to
vote upon that issue. Section ten Of the schedule
provides that persons disqualified from voting or
registering under the constitution shall vote for
candidates for any Office, shall be permitted to
vote for the ratification rejection OF the constu
ton at the polls herein authorized" assumed to be
IN force before It's adoption In disregard OF the law
of Congress, the constitution undertakes to impose
upon the elector other and further conditions.
The fifth section OF the eighth article provides
that call persons before registering or voting must
take and subscribe to an oath" which among others
contains the following clause:-"That accept the
civil and political equality OF all men, and agree not
TO attempt to deprive any person or persons. on ac
count OF race, color or previous condition, of any po
ltcal or civil right privilege or immunity enjoyed
by any other class Of men, It is well known that
very large portion of the electors in all the States


II not large majority do not believe in or accept
the practical equality OF Indians Mongolians or ne
groes with the race to which they belong II the
voters IN many OF the States Of the North and West
we're required to take such an oath as test
of their qualification there is reason to believe that
q majority OF them would remain from the polls
rather than comply with Its degrading conditions.
How ar and TO what extent this test oath prevented
the registration OF those who we're qualified under
she laws Of Congress It is not possible to know;
but that such was its erect at least sufficient to