Year: 1868

/


VETO OF THE ARKANSAS BILL.
/ WASHINGTON, June 2o.-The President sent the fol-
towing message to Congress to-day: 5-E


10 the House of Representatives of the United States


lrelhrn, without my signature bill entitled An
act ~ auhie the State of Arkansas representation
IN congress. 10 approve of this bill would be an
admission on the part of the Executive that the act
,or Tue eeen' government OF the rebel States passed
March 2, 1867, and the acts supplementary thereto,
were proper and constitutional. My opinion, how.
ever in regard to these measures has undergone no
change, but on the contrary has been strengthened
by the results which have attended their execution
and were not this the case I could not consent to
bill which is based upon the assumption either that by
an act of rebellion by portion of its people the State
of Arkansas seeded from the Union that Congress
may, at its pleasure expe exclude any State from
the Union, or interpret its relations with the Govern
ment by arbitrarily depriving it of representation in
i he soe Senate and House Of Representatives


If Arkansas is not State IN the Union, this bill
does not admit it as State If, on the other hard
it is State in the Union no legislation isnecessary to
declare it entitled to representation in Congress As
of the States Of the Union the Constitution already
declares that each State shall have at least repre-
sentative and that the Senate shall be composed of
two Senators from each State and that no State, with
out its CONSENT shall be deprived of its equal suffrage
in that Senate. 1t also makes each House the Judge
of the election returns and the qualifications of its
members and therefore all that is necessary to
secure AFkalSaS III ltS 10
the Government, is decision by each House upon the
eligibility of those presenting their credentials and
claims to seats in the respective Houses of Congress.
This is the plain and simple plan of the Constitution,
and had it been pursued when Congress assembled in
the month of November 1865, the restoration of the
States would have been long since completed. again
earnestly recommend that it be adopted by each House
of Congress in reference to the legislation which re-
spec:fully submit which is not only of doubtful con-
stitutonaty, and therefore, unwise and dangerous
precedent but unnecessary, and not so effective in
its operations the mode prescribed by the Consti
tuition. 1t involves additional delay, and from its
terms it may be taken rather applicable to terri
tory about to be admitted as one of the United States,
than State which has occupied place in the I'm
ion for upwards ofa quarter of a century.


The bill declares that Arkansas is entitled and admit


ted to representation in Congress of the States
ofthe Union upon the following fundamental cond-
tions That the constitution of Arkansas shall
be so amended or changed as to deprive any citizen
class of citizens of the United States of the right to
vote, who entitled to vote by the constitution here


in recognised except for punishment for crimes that
are now felonies at common law whereof they shall
have been convicted, equally applicable to all the in
habitants of said State; Provided any alteration of
said constitution prospective in its effect may be made
in regard to time and place of residence of voters


have been unable to find in the Constitution of the
United States any for the exercise of the au
thority thus claimed by Congress in assuming power
to impose fundamental conditions a State which
has been duly admitted as State into the Union on
an equal footing with the original States in all respect
whatever. Congress asserts right to enter State,
as may be Territory, and to renovate the highest
prerogatiVe OF free peope-the elective franchise.
As this question is reserved by the Constitution the
States themselves, and to concede to Congress the
power to regulate this subject would be the
of the fundamental principle of the republic, and place
in the hands of the Federal Government, which is
creation of the States the sovereignty which justly be-


longs to the States or the people the true of all
political power, by whom Federal system Gre
ated, and to whose will it is subordinate. The bill


fails to provide in what the State of Arkansas
is signify its acceptance of the fundamental cond
ton which Congress endeavors to make uuaterable,
irrevocabe. Nor does it prescribe penalty to be i'm
posed should the people of the State amend change
the particular portions Of the constitution which was
one Of the purposes of the bill to perpetuate but
the consequence of such action leaves them in
certainty and doubt when the circumstances under
which this constitution has been brought to the atten
ton Of Congress- considered, it is not unreasona
bic to suppose that efforts will be made to modify its
provisions, especially those in respect to which this
measure prohibits any alteration. 1t is sincerely
questionable whether the constitution has been ratified
by majority of the persons, who, under the act of
Marh 2, 1867, and the acts supplementary thereto,
entitled to registration and to vote that issue.
Section of the schedule provides that persons dis
qualified from voting registering under this consti-
tuition shall vote for candidates for any Office, be
permitted to vote for the ratification rejection of
|
assumed be in force, therefore its adoption is in
disregard Of the law of Congress- The constitution
also undertakes to impose upon the electors other and
| further conditions.


The fifth section of the eighth article provides that
all persons, before registering or voting, must take
ana -"hscribe to the oath which, among others, con-
talns the following clause "That accept the civil
and political equality of all men, and agree not to at
tempt to deprive any person persons on account of
race color, previous condition, of any political
| Or civil ripht vjlapes immuuitias %,
| other class of men,"


1t is very well known that very large portion of
the electors in all the States if not in ALL do not be-
lieve in accept the political equality of Indians
Mongoans negroes with the race to which they be-
long. If voters in many Of the States of the North
west required to take such an oath, test OF
their qualification, there is to believe that
majority of them would remain away from the polls
rather than comply with such degrading conditions,
then to what extent this test oath prevented the


tration of those who qualified under the Laws o
Congress- it is impossible to know, but such was its
effect, as least being sufrions &c overture" the
snall and doubtful majority in favor OF the constltu-
tien there can be no reasonable doubt should the
people of Arkansas therefore, desiring to regulate the
elective franchise to make it conform to their
institutions and also to those of large portion OF
the North and West and modify the provisions referred
to in the fundamental condition. What is the conse-
ouence? Is it intended that denial of representa-
ton shall follow? And if so may not at some fu-
ture day the recurrence of the troubles which
have so long agtated the country? And would it not
be the part of wisdom to take for guide the Fed
eral Constitution, rather than to resort to measures,
which, looking only to the present, may in few years
renew in an aggravated form the strife and bitterness
caused by legislation which has been proved to have
been ill-timed and unfortunate. ANDREW JOHNSON
| Washington, June 20, 1868.


Sam Ward, who is prominent in the Butler report,
| 10 rood daal bird all accounts. and type OF