Year: 1867

Onion:


TO the Senate Of the United States


return to the Senate, in which
house it originated, bill entitled can
net to admit the State of Colorado
into the Union" to which ! cannot
consistently with my sense of duty
give my approval. With the excep-
tion of an additional section contain
ING new provisions, it is substantially
the same as the bill of similar title
passed by Congress during the last
session, submitted to the President for
bis approval, returned with the OBJ
iections contained in message bear
ing date the 10Th of May last, and yet
awaiting the reconsideration of the
Senate. A second bill, having in view
the same purpose, has now passed
both houses Of Congress, and been
presented for my signature. Having
again carefully considered the subject,
] have been unable to perceive any
reason for changing the opinions which
have already been communicated to
Congress. find, on the contrary,
that there are many objections TO the
proposed legislation of which | was
not at that time aware, and that
while several Of those which ] then
assigned have, in the interval, gained
in strength, yet others have been ere
ated by the altered character of the
measure now submitted. The con-
stitution under which this State gov
ornment is proposed to be formed very
properly contains a provision that all
laws in force at the time of its adop-
ton and the admission of the State
into the Union shall continue as if the
constitution had not been adopted.
Among these laws is one absolutely
prohibiting negroes and mulattoes
from the right to sit as jurors.


This bill was vetoed by the Governor
of the Territory, who held that by the
laws of the United States negroes and
mulattoes are citizens, and subject to
the duties as well as entitled to the
rights Of citizenship The bill, how
ever, was passed, the objections OF the
Governor to the contrary notwith-
standing, and is now law in the Ter
ritory. Yet in the bill now before me,
by which it is proposed to admit the
Territory as State, it is proposed
that "there shall be no denial Of the
elective franchise or any other rights
to any person by reason Of race or
color, excepting Indians not taxed.
The incongruity thus exhibited be.
tween the Legislation of Congress and
that of the Territory, taken in con-
nection with the protest against the
admission of the State, hereinafter re.
ferred to, would seem clearly to in
dicate the impolicy and injustice Of
the proposed enactment.


1t might, indeed, be subject OF
grave inquiry, and doubtless viii result
in such inquiry if this bill become a
law, whether it does not attempt to
exercise a power not conferred upon
Congress by the Federal Constitution.
That instrument simply declares that
Congress may admit new States into
the Union. 1t nowhere says that
Congress may make new States for
the purpose of admitting them into
the Union for any purpose. And yet
this bill is as clear an attempt to make
the institutions as any in which the
people themselves could engage In
view Of this action Of Congress the
House Of Representatives of the Ter
ritory haveeaFnestly protested against
being forced into Che Union without
first having the question submitted Il
the people.


Nothing could be more reasonable
than the position which they thai
assume, and it certainly cannot be tn.
purpose Of Congress to force upon ;
community, against their will, u gov
ernment which they dc not believe
themselves capable Of sustaining.


The following is copy of the pro
test alluded to as officially Transmitted
20 me:


WHERrAs, It is announced in the public print
that it is the intention Of Congress to admit Colo
rndo as a State into the Union; therefore,


Resoired, By The House ef Representatives o
his Territory; That representing as We DO th'
ltst and only legal expression Of public opinion
this question, VIC earnestly protest against thi
passage Of law admitting the State without frs
having the question submitted to vote Of the peo
pie, for tho rcasouss


First That We have right to a voice in IN,
selection ef the character Of eur government


Second. That we have net sufficient population
20 support the oxptn ies of State government.


For these reasons we trust that Congress will no
force upon US a government against our will


Upon information which | consid
cred reliable, assumed, in my mes
sage of the 9th of May last, that The
population of Colorado was not more
than thirty thousand, and expressed
tho opinion that this number was en-
tircly too small either to assume the
responsibility or TO cmcy the privi
leges of State.


1t appears that previous TO that
time the Legislature, with a view tC
ascertain the exact condition of thC
Territory, had passed law authoriz
ing a census Of tho population to b'
taken. The law made it the duty o
the assessors in the several counties
70 take the census in connection will
the annual assessments; and in ordei
TO secure a correct enumeration OF lh'
population, allowed them a libcra
compensation for the service by pay
ing them for every name they return
ed, and added to their previous oatl
of Office an oath TO perform this duty
with fidelity From the accompany
ing official report it appears that re
turns have been received from fifteel
OF the eighteen counties into whicl