Year: 1867

pNNH Noihhiuni>"eN ~ ~ NVhBieo9 W
the President:


TO the Senate Of hcUnitcd States:


return for reconsideration n bill
entitled "An act for fbe admission of
the State of Nebraska into the Union,"
which originated inthe Senate, and
has received the assent OF both houses
of Congress- A bill having in view
the same object was presented for my
approval a few hours prior TO the ad-
journment of the last session. But,
submitted at a time when there was
10 opportunity for 4 proper consider
alton Of the subject withheld my
signature, and the measure failed to
become a law.


1t appears by the preamble of this
bill that the people of Nebraska, avail
ing themselves Of the authority con-
ierred upon them by the act passed on
the 10Th day of April, 1864, "have
adopted a Constitution which, upon
due examination. is found TO conform
TO the provisions and comply with tine
conditions of said act and to be repub-
lican in its form OF government, and
that they now ask for admission into
the Union This proposed law would
therefore seem to be based upon the
declaration contained in the enabling
act, that upon compliance 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 Con-
gress distinctly accepts, ratifies, con-
firms the Constitution and State gov
ernment which the people Of the Ter
Titory have formed for themselves, de-
clares Nebraska TO be one of the Uni
ted States of America, and admits her
into the Union upon an equal footing
with the original States in all respects
whatever, the third section provides
that this measure "shall not take ef.
feet except upon the fundamental
condition that within the State of
Nebraska there shall be no denial of
the elective franchise or of any other
right to any person by reason of
race or color excepting Indians, not
taxed, and upon the further funda-
mental condition that the Legisla-
ture of said State, by a solemn pub
lie act, shall declare the assent of said
State to the said fundamental condi-
ton, and shall transmit TO the Presi =
dent of the United States an authentic
copy OF said act, upon receipt where
of the President by proclamation,
shall forthwith announce the fact !;
whereupon said fandamental condition
shall be held as part of the organic
law of the State, and thoreupon, and
without any furtherproceeding on the
part of Congress, the admission of said
State into the Union shall be consider
ed as complete"


The condition is not mentioned in
the original enabling act, was not con-
templated at the time of its passage
was not sought by the people them
selves, has not heretofore been applied
to the inhabitants of any State asking
admission, and is in direct conflict
with the Constitution adopted by the
people, and declared in the preamble
"to be republican in its form of gov
crnment," for in that Instrument the
exercise Of the elective franchise, and
the right to hold office are expressly
limited TO white citizens of the United
States Congress thus undertakes to
authorize and compel the Legislature
to change constitution which it 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 yet further incongruity.
BY the one Nebraska is admitted into
the Union upon an equal footing with
the original States in all respects
whatsoever, while by the other Con-
gress demanded, as condition prece-
dent to her admission, requirements
which, in our history, have never been
asked of any people when presenting
constitution and State government
for the acceptance of tho law.making
power


1t is expressly declared 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 denial Of
the elective franchise, or of any other
right to any person by reason of race
or color, except Indians not taxed"
Neither moro nor less than the asser-
ton of the right of Congress to regu-
late the elective franchise of any State
hereafter TO be admitted. This CON
dition is in clear violation OF the Fed
eral Constitution, under the provision
of which from the very foundation of
the government, each State has been
left free to determine for itself the
qualification 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 mem
beTs of the Union, had for their object
the single purpose of preventing any
infringement Of tho Constitution OF
the country. If Congress is satisfied
that Nebraska, at the present time,
possesses sufficient population to enti-
tic her to full representation in tho
councils Of the nation, and that her
people desire an exchange of Terri
torial for State government, good
faith would seem to demand that she
should be admitted without further


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