ANDREW JOHNSON.

WASHINGTON, D.C., _June 20, 1868_.

_To the House of Representatives_:

I return without my signature a bill entitled "An act to admit the State

of Arkansas to representation in Congress."

The approval of this bill would be an admission on the part of the

Executive that the "Act for the more efficient government of the rebel

States," passed March 2, 1867, and the acts supplementary thereto were

proper and constitutional. My opinion, however, in reference to those

measures has undergone no change, but, on the contrary, has been

strengthened by the results which have attended their execution. Even

were this not the case, I could not consent to a bill which is based

upon the assumption either that by an act of rebellion of a portion

of its people the State of Arkansas seceded from the Union, or that

Congress may at its pleasure expel or exclude a State from the Union,

or interrupt its relations with the Government by arbitrarily depriving

it of representation in the Senate and House of Representatives. If

Arkansas is a State not in the Union, this bill does not admit it as

a State into the Union. If, on the other hand, Arkansas is a State

in the Union, no legislation is necessary to declare it entitled

"to representation in Congress as one of the States of the Union." The

Constitution already declares that "each State shall have at least one

Representative;" that the Senate "shall be composed of two Senators from

each State," and "that no State, without its consent, shall be deprived

of its equal suffrage in the Senate."

That instrument also makes each House "the judge of the elections,

returns, and qualifications of its own members," and therefore all that

is now necessary to restore Arkansas in all its constitutional relations

to the Government is a decision by each House upon the eligibility of

those who, presenting their credentials, claim seats in the respective

Houses of Congress. This is the plain and simple plan of the

Constitution; and believing that had it been pursued when Congress

assembled in the month of December, 1865, the restoration of the States

would long since have been completed, I once again earnestly recommend

that it be adopted by each House in preference to legislation, which I

respectfully submit is not only of at least doubtful constitutionality,

and therefore unwise and dangerous as a precedent, but is unnecessary,

not so effective in its operation as the mode prescribed by the

Constitution, involves additional delay, and from its terms may be taken

rather as applicable to a Territory about to be admitted as one of the

United States than to a State which has occupied a place in the Union

for upward of a quarter of a century.

The bill declares the State of Arkansas entitled and admitted to

representation in Congress as one of the States of the Union upon the

following fundamental condition:

That the constitution of Arkansas shall never be so amended or changed

as to deprive any citizen or class of citizens of the United States of

the right to vote who are entitled to vote by the constitution herein

recognized, except as a punishment for such crimes as are now felonies

at common law, whereof they shall have been duly convicted under laws

equally applicable to all the inhabitants of said State: _Provided_,

That any alteration of said constitution, prospective in its effect,

may be made in regard to the time and place of residence of voters.

I have been unable to find in the Constitution of the United States any

warrant for the exercise of the authority thus claimed by Congress.

In assuming the power to impose a "fundamental condition" upon a State

which has been duly "admitted into the Union upon an equal footing with

the original States in all respects whatever," Congress asserts a right

to enter a State as it may a Territory, and to regulate the highest

prerogative of a free people--the elective franchise. This question is

reserved by the Constitution to the States themselves, and to concede

to Congress the power to regulate the subject would be to reverse the

fundamental principle of the Republic and to place in the hands of the

Federal Government, which is the creature of the States, the sovereignty

which justly belongs to the States or the people--the true source of all

political power, by whom our Federal system was created and to whose

will it is subordinate.

The bill fails to provide in what manner the State of Arkansas is to

signify its acceptance of the "fundamental condition" which Congress

endeavors to make unalterable and irrevocable. Nor does it prescribe the

penalty to be imposed should the people of the State amend or change the

particular portions of the constitution which it is one of the purposes

of the bill to perpetuate, but as to the consequences of such action

leaves them in uncertainty and doubt. When the circumstances under which

this constitution has been brought to the attention of Congress are

considered, it is not unreasonable to suppose that efforts will be made

to modify its provisions, and especially those in respect to which this

measure prohibits any alteration. It is seriously questioned whether the

constitution has been ratified by a majority of the persons who, under

the act of March 2, 1867, and the acts supplementary thereto, were

entitled to registration and to vote upon that issue. Section 10 of

the schedule provides that--

No person disqualified from voting or registering under this

constitution shall vote for candidates for any office, nor shall be

permitted to vote for the ratification or rejection of the constitution

at the polls herein authorized.

Assumed to be in force before its adoption, in disregard of the law of

Congress, the constitution undertakes to impose upon the elector other

and further conditions. The fifth section of the eighth article provides

that "all persons, before registering or voting," must take and

subscribe an oath which, among others, contains the following clause:

That I accept the civil and political equality of all men, and agree

not to attempt to deprive any person or persons, on account of race,

color, or previous condition, of any political or civil right,

privilege, or immunity enjoyed by any other class of men.

It is well known that a very large portion of the electors in all the

States, if not a large majority of all of them, do not believe in or

accept the political equality of Indians, Mongolians, or negroes with

the race to which they belong. If the voters in many of the States of

the North and West were required to take such an oath as a test of their

qualification, there is reason to believe that a majority of them would

remain from the polls rather than comply with its degrading conditions.

How far and to what extent this test oath prevented the registration of

those who were qualified under the laws of Congress it is not possible

to know, but that such was its effect, at least sufficient to overcome

the small and doubtful majority in favor of this constitution, there

can be no reasonable doubt. Should the people of Arkansas, therefore,

desiring to regulate the elective franchise so as to make it conform to

the constitutions of a large proportion of the States of the North and

West, modify the provisions referred to in the "fundamental condition,"

what is to be the consequence? Is it intended that a denial of

representation shall follow? And if so, may we not dread, at some future

day, a recurrence of the troubles which have so long agitated the

country? Would it not be the part of wisdom to take for our guide the

Federal Constitution, rather than resort to measures which, looking only

to the present, may in a few years renew, in an aggravated form, the

strife and bitterness caused by legislation which has proved to be

so ill timed and unfortunate?

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 621 / 803 题