Year: 1868



 return without my signature, a bill entitled |" An 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 2d, 1867, and the act supplementary thereto, were proper and constitutional. My opinion, however, in reference to these meas ures has undergone no change, but, on the contrary, has been strenthened by the results which have attended their execution. Even were this not the case, ] could not consent to a bill which is based on the assumption either that by an act of rebellion of portion Of its people the State of Arkansas seeded from the Union or that Congress may at pleasure expcl or exclude any State from the Union or interrupt its relations with the Govern ment, by arbitrarily depriying it of represen- tation in the Senate and House of Represen- tatves If Arkansas is not a State in the Union this bill does not admit 1t as a State. If on the other hand, 1t Is a State Tn the Union, no legislation is necessary to declare it entitled to representation m Congress as one of the States of the Union. The Consti- tuition already declares each State shall have at least one Representative, 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 Senate and also makes each House the judge of the election returns and qualifications of its own members, and therefore all that is now necessary to secure Arkansas m all Its constitutional relations to the Government Is decision by each House upon the eligibility of those presenting their credentials to claim seats in the respective Houses of Congress. .- Io avI af,,,nfa ,.ia of fha Inp- stitution, and believing that, had it been pur sued when Congress assembled in the month of December, io65, the restoration of the States would long since have been completed, once more earnestly recommend that it be adopted by each House In reference to the legislation, which I respectfully submit is not only of doubtful constitutionality, and there fore unwise and dangerous as precedent, but unnecessary, and not so effective in its opera tion as the mode prescribed by the COnstitu- ton, it involves additional delay and from its terms may be taken rather as applicable to a Territory about to be admitted as one of the United States than State which has occu- pied a place in the Union for upwards of a quarter of a century.

 The bill declares that Arkansas is entitled and admitted to representation in Congress as one of the States of the Union on the follow ing fundamental condition; "That the Con stitution of Arkansas shall never be so amen ded or changed as to deprive 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 felonies at common law, whereof they shall have been convicted, shall be applicable to all people of said State; provided any alteration of said Constitution, prospective in it's effect, may be made in regard to time and place of residence of voters.n

 I have been unable to find in the Ccnstitu- ton of the United States any warrant for the exercise of authority thus claimed by Con gress in assuming the power to impose funda- mental conditions on State which has been duly admitted into the Union on an equal footing with the original States in all re. spects. Congress asserts a right to enter a State as it may Territory. and to regulate the highest prerogative of free people-the elective franchise. This question is reserved by the Constitution to the States themselves and to give to Congress the power to regu- late this would be to reserve the fundamen- tai principle of the republic, and place in tho hands of the Federal Government featur, of State sovereignty which belongs to the State or the people, the true source of al political power by whom our Federal sys tenn was created, and to whose will it is sub ordinate.

 The bill fails to provide in what name Arkansas is to signify it's acceptation of tn fundamental condition which Congress en deayors to make unalterable and irrevocable nor does it prescribe the penalty to be i'm posed should the people of the State amend or change particular portions of the Consttu tion, which was one of the purposes of the bil to perpetuate, but as to the consequence o such action it leaves them in doubt and un certainty. When the circumstances undc which this Constitution has been brought t the attention of Congress are considered, it i not unreasonable to suppose an effort will b made to modify its provisions especially thos in respect to which this measure prohibit any alteration. It is seriously questione whether the Constitution has been ratfie by majority of persons who, under the ac of March 2d, 1867, and the act supplementar thereto, were entitled to registration and [ vote on that issue.

 Section 70 of this schedule provides tha no person disqualified from voting or register ing under this Constitution shall vote for can didates for any office, or be allowed to vot for the ratification or rejection of the Const tutiOii' iHc jsO!i!b!t!oiiS Gt4tiH hutApIiZt' are assumed to be in force before its adoption In disregard of the law of Congress, the Con stitution undertakes to impose upon eiector other conditions. The filth section of tn eighth article provides that all persons befor registering or voting must take or subscrb to an oath which, among other obligations contains this: "Thst 1 accept the civil an, political equality of all men, and agree not t attempt to deprive any person or persons, oI account of race, color, CT previous condition