ANDREW JOHNSON.

States Admitted. Ratio. Population.

Vermont................................... 1791 33,000 92,320

Kentucky.................................. 1792 33,000 95,638

Tennessee................................. 1796 33,000 73,864

Ohio...................................... 1802 33,000 82,443

Louisiana................................. 1812 35,000 75,212

Indiana................................... 1816 35,000 98,110

Mississippi............................... 1817 35,000 53,677

Illinois.................................. 1818 35,000 46,274

Alabama................................... 1819 35,000 111,150

Maine..................................... 1820 35,000 298,335

Missouri.................................. 1821 35,000 69,260

Arkansas.................................. 1836 47,700 65,175

Michigan.................................. 1837 47,700 158,073

Florida................................... 1845 70,680 57,951

Texas..................................... 1845 70,680 189,327 [17]

Iowa...................................... 1846 70,680 132,527

Wisconsin................................. 1848 70,680 250,497

California................................ 1850 70,680 92,597

Oregon.................................... 1858 93,492 44,630

Minnesota................................. 1859 93,492 138,909

Kansas.................................... 1861 93,492 107,206

West Virginia............................. 1862 93,492 349,628

Nevada.................................... 1864 127,000 Not known.

[Footnote 17: In 1850.]

WASHINGTON, _January 29, 1867_.

_To the Senate of the United States_:

I return for reconsideration a bill entitled "An act for the admission

of the State of Nebraska into the Union," which originated in the 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 adjournment of the last session, but, submitted at a time when there

was no opportunity for a proper consideration of the subject, I withheld

my signature and the measure failed to become a law.

It appears by the preamble of this bill that the people of Nebraska,

availing themselves of the authority conferred upon them by the act

passed on the 19th day of April, 1864, "have adopted a constitution

which, upon due examination, is found to conform to the provisions and

comply with the conditions of said act, and to be republican 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 Congress distinctly accepts, ratifies,

and confirms 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 America, and admits her into the Union upon an

equal footing with the original States in all respects whatsoever, the

third section provides that this measure "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, excepting Indians not

taxed; and upon the further fundamental condition that the legislature

of said State, by a 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, upon

receipt whereof the President, by proclamation, shall forthwith announce

the fact, whereupon said fundamental condition shall be held as a part

of the organic law of the State; and thereupon, and without any further

proceeding on the part of Congress, the admission 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; was not sought by the people themselves; 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 government," 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 a 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 Congress demands as a condition precedent to her

admission requirements which in our history have never been asked of

any people when presenting a constitution and State government for the

acceptance of the lawmaking power. It 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, excepting Indians not taxed." Neither more nor less

than the assertion of the right of Congress to regulate the elective

franchise of any State hereafter 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 to 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 limitations which,

imposed upon States that from time to time have become members of the

Union, had for their object the single purpose of preventing any

infringement of the Constitution of the country.

If Congress 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 exchange of a

Territorial for a State government, good faith would seem to demand that

she should be admitted without further requirements than those expressed

in the enabling act, with all of which, it is asserted in the preamble,

her inhabitants have complied. Congress may, under the Constitution,

admit new States or reject them, but the people of a State can alone

make or change their organic law and prescribe the qualifications

requisite for electors. Congress, however, in passing the bill in the

shape in which it has been submitted for my approval, does not merely

reject the application of the people of Nebraska for present admission

as a State into the Union, on the ground that the constitution which

they have submitted restricts the exercise of the elective franchise to

the white population, but imposes conditions which, if accepted by the

legislature, may, without the consent of the people, so change the

organic law as to make electors of all persons within the State without

distinction of race or color. In view of this fact, I suggest for the

consideration of Congress whether it would not be just, expedient, and

in accordance with the principles of our Government to allow the people,

by popular vote or through a convention chosen by themselves for that

purpose, to declare whether or not they 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 contemplates

when it requires that the legislature shall be convened within thirty

days after this measure shall have become a law for the purpose of

considering and deciding the conditions which it imposes, and gains

additional force when we consider that the proceedings attending the

formation of the State constitution 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 100; and that it is

alleged that, in consequence of frauds, even this result can not be

received as a fair expression of the wishes of the people. As upon them

must fall the burdens of a State organization, it is but just that they

should be permitted to determine for themselves a question which so

materially affects their interests. Possessing a soil and a climate

admirably adapted to those industrial pursuits which bring prosperity

and greatness to a people, with the advantage of a central position

on the great highway that will soon connect the Atlantic and Pacific

States, Nebraska is rapidly gaining in numbers and wealth, and may

within a very brief period claim admission on grounds which will

challenge and secure universal assent. She can therefore wisely and

patiently afford to wait. Her population is said to be steadily and

even rapidly increasing, being now generally conceded as high as 40,000,

and estimated by some whose judgment is entitled to respect at a still

greater number. At her present rate of growth she will in a very short

time have the requisite population for a Representative in Congress,

and, what is far more important to her own citizens, will have realized

such an advance in material wealth as will enable the expenses of a

State government to be borne without oppression to the taxpayer. Of new

communities it may be said with special force--and it is true of old

ones--that the inducement to emigrants, other things being equal, is in

almost the precise ratio of the rate of taxation. The great States of

the Northwest owe their marvelous prosperity largely to the fact that

they were continued as Territories until they had growth to be wealthy

and populous communities.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 353 / 803 题