Year: 1867

~


The following veto message has been
communicated to Congress by the Pres
ident of the United States:


To the Senate of the United ,Sates.


I return to the Senate, in which House
it originated, bill entitled "An act to
admit the State of Colorado into the
Union," to which 1 cannot consistently,
with my sense of duty, give my APP
proval. With the exception of an addi-
tional section containing new provis-
ions, it is substantially the same as bill
of a similar title passed by Congress
during the last session, submitted to the
President for his approval, returned
with the objections contained in mes
sage bearing date the 18th 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 pre-
sented for my signature. Having again
carefully considered the subject, have
been unable to perceive any reason for
changing the opinions which have al
ready been communicated to Congress.
l find on the contrary that there are
many objections to the proposed legisla-
ton of which | was not at that time
aware, and that while several of those
which then assigned, have, in the in
terval gained in strength, yet Others
have been created by the altered charac-
ter of the measure now submitted. The
Constitution under which this State
government is to be formed, very prop
erly contains provision that all laws
in force at the time of its adoption and
of the State into the Union shall contin-
ue as if the Constitution had been
adopted. Among these laws is one alb
solutely prohibiting negroes and mulat-
toes from the right to sit rs jurors.


This bill was vetoed by the Governor
of the Territory, who held that by the
United States negroes and mulattoes are
citizens, and subject to the duties, rs
we'll as entitled to the rights of citizen
ship. The bill, however, was passed,
the objections of the Governor to the
contrary Notwithstanding, and is now
law in the Territory. Yet in the bill
now before me, by which it is proposed
to admit the Territory as State, it is
provided "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 between
the legislation of Congress and that of
the Territory, taken in connection with
the protest against the admission OF the
State, hereinafter referred to, would
seem clearly to indicate the impolicy
and injustice of the proposed enact
ment.


1t might, indeed, be a subject of grave
inquiry, and doubtless will end in such
inquiry if this bill becomes a law, wheth-
er it does not attempt to exercise pow
er not conferred upon Congress by the
Federal Constitution. That instrument
simply declares that Congress may ad-
NIT new States into tho Union. 1t no
where says that Congress may make
new States for the purpose of admitting
them into the Union for any other pur-
pose. And yet this bill is as clear an
attempt to make the institutions as any
one which the people themselves could
engage. In view of this action of Con-
gress the House of Representatives of
the Territory earnestly protested against
being forced into the Union without first
having the question submitted to the
people.


Nothing could be more reasonable
than the position which they thus as
sumo, and it certainly cannot be the
purpose of Congress to force upon COM
munity, against their will, govern
ment which they do not believe them
selves capable of sustaining.


The following is copy of the protest
alluded to as officially transmitted to
me:


Whereas, 1t is announced in the pub
lie prints that it is the intention OF Con-
gress to admit Colorado as State into
the Union: therefore,


Resolred, BY the House of Represen'
tatives of this Territory that, represent


ing as we do the last and only legal eN'