ANDREW JOHNSON.

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

_To the Senate of the United States_:

I have given to the joint resolution entitled "A resolution excluding

from the electoral college the votes of States lately in rebellion which

shall not have been reorganized" as careful examination as I have been

able to bestow upon the subject during the few days that have intervened

since the measure was submitted for my approval.

Feeling constrained to withhold my consent, I herewith return the

resolution to the Senate, in which House it originated, with a brief

statement of the reasons which have induced my action. This joint

resolution is based upon the assumption that some of the States whose

inhabitants were lately in rebellion are not now entitled to

representation in Congress and participation in the election of

President and Vice-President of the United States.

Having heretofore had occasion to give in detail my reasons for

dissenting from this view, it is not necessary at this time to repeat

them. It is sufficient to state that I continue strong in my conviction

that the acts of secession, by which a number of the States sought to

dissolve their connection with the other States and to subvert the

Union, being unauthorized by the Constitution and in direct violation

thereof, were from the beginning absolutely null and void. It follows

necessarily that when the rebellion terminated the several States which

had attempted to secede continued to be States in the Union, and all

that was required to enable them to resume their relations to the Union

was that they should adopt the measures necessary to their practical

restoration as States. Such measures were adopted, and the legitimate

result was that those States, having conformed to all the requirements

of the Constitution, resumed their former relations, and became entitled

to the exercise of all the rights guaranteed to them by its provisions.

The joint resolution under consideration, however, seems to assume that

by the insurrectionary acts of their respective inhabitants those States

forfeited their rights as such, and can never again exercise them except

upon readmission into the Union on the terms prescribed by Congress.

If this position be correct, it follows that they were taken out of the

Union by virtue of their acts of secession, and hence that the war waged

upon them was illegal and unconstitutional. We would thus be placed in

this inconsistent attitude, that while the war was commenced and carried

on upon the distinct ground that the Southern States, being component

parts of the Union, were in rebellion against the lawful authority of

the United States, upon its termination we resort to a policy of

reconstruction which assumes that it was not in fact a rebellion, but

that the war was waged for the conquest of territories assumed to be

outside of the constitutional Union.

The mode and manner of receiving and counting the electoral votes

for President and Vice-President of the United States are in plain

and simple terms prescribed by the Constitution. That instrument

imperatively requires that "the President of the Senate shall, in the

presence of the Senate and House of Representatives, open all the

certificates, and the votes shall then be counted." Congress has,

therefore, no power, under the Constitution, to receive the electoral

votes or reject them. The whole power is exhausted when, in the presence

of the two Houses, the votes are counted and the result declared.

In this respect the power and duty of the President of the Senate are,

under the Constitution, purely ministerial. When, therefore, the joint

resolution declares that no electoral votes shall be received or counted

from States that since the 4th of March, 1867, have not "adopted a

constitution of State government under which a State government shall

have organized," a power is assumed which is nowhere delegated to

Congress, unless upon the assumption that the State governments

organized prior to the 4th of March, 1867, were illegal and void.

The joint resolution, by implication at least, concedes that these

States were States by virtue of their organization prior to the 4th of

March, 1867, but denies to them the right to vote in the election of

President and Vice-President of the United States. It follows either

that this assumption of power is wholly unauthorized by the Constitution

or that the States so excluded from voting were out of the Union by

reason of the rebellion, and have never been legitimately restored.

Being fully satisfied that they were never out of the Union, and that

their relations thereto have been legally and constitutionally restored,

I am forced to the conclusion that the joint resolution, which deprives

them of the right to have their votes for President and Vice-President

received and counted, is in conflict with the Constitution, and that

Congress has no more power to reject their votes than those of the

States which have been uniformly loyal to the Federal Union.

It is worthy of remark that if the States whose inhabitants were

recently in rebellion were legally and constitutionally organized and

restored to their rights prior to the 4th of March, 1867, as I am

satisfied they were, the only legitimate authority under which the

election for President and Vice-President can be held therein must be

derived from the governments instituted before that period. It clearly

follows that all the State governments organized in those States under

act of Congress for that purpose, and under military control, are

illegitimate and of no validity whatever; and in that view the votes

cast in those States for President and Vice-President, in pursuance

of acts passed since the 4th of March, 1867, and in obedience to the

so-called reconstruction acts of Congress, can not be legally received

and counted, while the only votes in those States that can be legally

cast and counted will be those cast in pursuance of the laws in force in

the several States prior to the legislation by Congress upon the subject

of reconstruction.

I can not refrain from directing your special attention to the

declaration contained in the joint resolution, that "none of the

States whose inhabitants were lately in rebellion shall be entitled to

representation in the electoral college," etc. If it is meant by this

declaration that no State is to be allowed to vote for President and

Vice-President _all_ of whose inhabitants were engaged in the late

rebellion, it is apparent that no one of the States will be excluded

from voting, since it is well known that in every Southern State there

were many inhabitants who not only did not participate in the rebellion,

but who actually took part in the suppression, or refrained from giving

it any aid or countenance. I therefore conclude that the true meaning of

the joint resolution is that no State a _portion_ of whose inhabitants

were engaged in the rebellion shall be permitted to participate in the

Presidential election, except upon the terms and conditions therein

prescribed.

Assuming this to be the true construction of the resolution, the

inquiry becomes pertinent, May those Northern States a portion of

whose inhabitants were actually in the rebellion be prevented, at the

discretion of Congress, from having their electoral votes counted? It is

well known that a portion of the inhabitants of New York and a portion

of the inhabitants of Virginia were alike engaged in the rebellion; yet

it is equally well known that Virginia, as well as New York, was at all

times during the war recognized by the Federal Government as a State

in the Union--so clearly that upon the termination of hostilities it

was not even deemed necessary for her restoration that a provisional

governor should be appointed; yet, according to this joint resolution,

the people of Virginia, unless they comply with the terms it prescribes,

are denied the right of voting for President, while the people of

New York, a portion of the inhabitants of which State were also in

rebellion, are permitted to have their electoral votes counted without

undergoing the process of reconstruction prescribed for Virginia. New

York is no more a State than Virginia; the one is as much entitled to

representation in the electoral college as the other. If Congress has

the power to deprive Virginia of this right, it can exercise the same

authority with respect to New York or any other of the States. Thus the

result of the Presidential election may be controlled and determined

by Congress, and the people be deprived of their right under the

Constitution to choose a President and Vice-President of the United

States.

If Congress were to provide by law that the votes of none of the States

should be received and counted if cast for a candidate who differed in

political sentiment with a majority of the two Houses, such legislation

would at once be condemned by the country as an unconstitutional and

revolutionary usurpation of power. It would, however, be exceedingly

difficult to find in the Constitution any more authority for the passage

of the joint resolution under consideration than for an enactment

looking directly to the rejection of all votes not in accordance with

the political preferences of a majority of Congress. No power exists

in the Constitution authorizing the joint resolution or the supposed

law--the only difference being that one would be more palpably

unconstitutional and revolutionary than the other. Both would rest upon

the radical error that Congress has the power to prescribe terms and

conditions to the right of the people of the States to cast their votes

for President and Vice-President.

For the reasons thus indicated I am constrained to return the joint

resolution to the Senate for such further action thereon as Congress

may deem necessary.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 623 / 803 题