Year: 1867

n


state Of Nebraska into the Union, y


which originated in the senate, aud has


received the assent Of both houses Of con-


grass. A bill having in view the same


object was presented for my approval a


few hours prior 90 the adjournment OF


the last session, but. submitted at time
1 when there was no opportunity for a
1 proper consideration Of the suhjeee. !
! withheld my signature, and the measure
! fgiled 10 become law.


Il appears, by the preamble of this bill,
! that the people Of Nebraska, avaiiing
themselves of the authority couferred


upon them by the act passed on the 18th
! Of AuriI. 1854, have adopted eonstitu-
! tiep which, upon due examination, is
| found to conform to the provisions ana
conaplv with the conditions of said act,
| and to be republican in its form of gov
| erliment. and that they now ask for adj
| mission into the union. This proposed
law would therefore seem to be based
upon the declaration contained in the
enabling act, that, upon eomplianee with
its terms, the people of Nebraska should
be admitted into the union upon an equal
footing with the original states.


Reference to the bill, however, shows
that while, by the first section, congress
distinctly accepts, ratifies and counrins
the constitution and state government


which the people of the territory have
formed for themselves, declares Nebraska
to be one of the United States of Amer
lea, and admits her into the uBion upon
an equal footing with the original states
in all respects Whatsoever, the third sec
ton provides that this measure "shail
not take effect except upon the funda-
mental condition that within the state
Of Nebraska there shall be no denial OF
the elective franchise, or of any right, to
anv person by reason of race or color,
excepting Indians not taxed and upon
the further fundamental condition that
the legislature of said state, by solemn
public act, shall declare the assent Of said
state to the said fundamental condition,
and shall transmit to the president of the
United States an authentic copy of said
act. uEon receipt whereof the president,
by proclamation, shall forthwith an
nonnce the fact, whereupon said funda-
mental condition shall be held as part of
the organic law OF the state; and there
upon, and without any further proceed
ings on the part of congress, the admls-
sion of said state into the Union shall be
considered as complete" This condition
is not mentioned in the original enabling
act, was not contemplated at the time OF
its passage, Gas not sought by the people
themselves, has not heretofore been sp-
piled to the inhabitants of any state ask
ing admission, and is in direct conflict
with the constitution adopted by the
people and declared in the preamble " to
be republicanin its form of government
for in that instrument the exercise Of the
elective franchise and the right TO hold
office are expressly limited to white citi-
zens of the United States. Congress
thus undertakes to authorize and compel
the legislature to change the constitution,
which il is declared in the preamble has
received the sanction of the people, and
which by this bill is accepted, ratified
and confirmed by the congress of the
nation.


The first and third sections of the bill
exhibit vet further incOngruity. By the
one, Nebraska is admitted into the
union upon an equal footing with the
original states, in all respects whatsO-
ever :" while by the other, congress de-
mands, as condition precedent to hen adj
mission, requirements which in our his
tory have never been asked of any people
when presenting a constitution and state
government for the acceptance of the
law making power. 1t is expressly de-
clared by the third section that the bill
. shall not take effect except upon the
fundamental condition that within the
state of Nebraska there shall be no de-
nial of the elective franchise, or of any
other right, to any person by reason Of
race or color, excepting Indians not
taxed y


Neither more nor less than the asser-
ton of the right of congress to regulate
the elective franchise of any state here
after to be admitted, this condition is in
clear violation of the federal constitution,
under the provisions of which, from the
very foundation of the government, each
state has been left free 10 determine for
itself the qualifications necessary for the
exercise of suffrage within its limits.
Without precedent in our legislation, it
is in marked contrast with those limita-
tions which, imposed upon states that
from time to time have become members
of the Union, had for their object the
single purpose eff preventing any in
friDgement of the constitution of the
eouatrv. If ct7Ngress is satisfied that
Nebraska, at the present time, possesses
sufficient population to entitle her to
full representation in the councils of the
nation, and that her people desire an eZ-
change of territorial for state govern
ment, good faith would seem to demand
that she should be admitted without fur
ther requirements than those expressed
10 the enabling act, with all of which, ii
IS asserted in the preamble, her inhab-
itants have complied. Congress may,
under the constitution, admit new states
or reject them but the people of state
can aloD~ make or change their organic
law, aIan prescribe the qualifications


Il. 4
ever, in passing the bill in the shape in
which it has been submitted for my ap-
proval, does not merely reject the appli-
cation of the people of Nebraska for
present admission as a state into the
Union, on the ground that the oonstitu-
ton which they have submitted restricts
the exercise of the elective franchise to
the white population, but imposes cOndi-
tons which, IL accepted by the legisla-
ture, may, without the consent of the
people, SO change the organic law as 10
make electors of all persons within the
state, without distinction Of race or
color,


In view Of this fact, suggest for the
consideration of congress, whether It
would not be just, expedient, and in ac-
cordanee with the principles of our gov
ernment, to allow the people, by popular
vote, or through a convention ch0aen
by themselves for that purpose, 20 de-
clare whether or not tney will accept the
terms upon which it is now proposed to
admit them into the union. This course
would not occasion much greater delay
than that which the bill coptemplstes
when il requires that the legislature
shall be conVened within thirty days
after this measure shall have become
law, for the purpose of considering and
deciding the conditions which it i'm
poses, and gains additional force when
we consider that the proceedings attend
ing the formation Of the state eonstiiu
ton were not in conformity with the
provisions of the enabling act; that in an
aggregate vote of 7,776, the majority in
favor of the constitution did not exceed
one hundred, and that IL is alleged that,
ia consequence Of frauds, even this result
cannot BE- received as a fair expression of
the wishes Of the people, As upon them
must fell the burdens OF state organize
tlon, it Is but just that they should be
permitted to determine foA themselves q
question which so materially affects
their interests. Possessing 6 sell and
climate admirably adapted 10 those in
dustrial pursuits which bring prosperity
and greatness TO a people, with the ad-
vantage of a central position on the great
highway that will sooD connect the
Atlantic and faelhe states. Nebraska IS
rapidiy gaining in numbers and wealth,
and may, within a brief period, claim
admission on grounds which will chal-
lenge and secure universal assent, She
can. therefore, wisely Rnd patiently
afford 70 vail. Aer population
is said to be steadily and even
rapidly increasing, being now gsneT-
ally conceded as high a. hafty thousand,


and estimated by some whose Judgment


is entitled 70 respect at still greater
climber. At her present rate Of growth,


she will In a very short time have the


requisite population for 2 representative
/ in congress; and what Is far more i'm
| portant to her own citizens, will have
realized such an advance ia material
wealth as will enable the expenses of a


state government to be borne without
opnression to the taxpayer or new
| communities, 1t may be said with


especial force land it is true of old ones
that the inducement 70 spigrants, other
things being equal, Is In almost the pre-
else ratio of the rate Of taxation.


The grest states af the northwest owe
| their marvellous prosperity largely to the
faet that thew were continued as territO-
! rjes until they had grown to be wealthy
and populous communities.


ANDREW JOHNSON.
NJ