A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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
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