4

True, Massachusetts allowed male persons to vote without regard to color, provided they were qualified by sufficient intelligence, but out of a population of a million and a quarter1 that State had less than ten thousand persons of color,2 and, of these, only twenty-six hundred were old enough to vote, as against three hundred and forty thousand white men.3 In the District of Columbia, nearly one-third of the population were negroes. Clothe them with the elective franchise, and their numbers would soon be increased by an influx from adjoining States. The District was already embarrassed by the presence of a large class of idle persons, whom, to admit them to the right to vote would make subservient to the purposes of designing men. The negroes were a nomadic people. Finding that their residence in the District would give them elective privileges, they would soon pour in, in such numbers as to secure supreme control over the white race, governing it by their own officers and taxing property in which they had no interest. In Massachusetts, the negro enjoyed the benefits of a thorough educational system, and must be able to read in order to vote. This bill extended the right to vote to all negroes without discrimination, simply requiring a year's residence. "Imposed upon an unwilling people, who were placed by the Constitution under the exclusive legislation of Congress, it would be viewed by the country as an arbitrary exer11,231,066 in 1860.

2 9,602.

3 339,086 white and 2,602 colored.

4 60,764 white to 14,316 persons of color of the census of 1860, but in 1867 the President estimated that there were 100,000 whites to 30,000 negroes.

5 By the amendment to the Constitution, Article 20, ratified in 1857, which provided that "No person shall have a right to vote or be eligible to office * who shall not be able to read the Constitution in the English language and write his name."

*

cise of power, and an indication of the purpose of Congress to compel the acceptance of negro suffrage by the States." The measure was bound to engender hostile feelings between the two races. Extension of the suffrage to the negroes of the District was not necessary to enable them to protect either their interests or their rights. They stood in the District precisely as they stood in Pennsylvania, Ohio and Indiana; and under the recent civil rights law, possessed rights, for the security of persons and property, enjoyed by white citizens. To admit a new class of voters, not properly qualified, could only weaken a system of government instead of adding to its strength and durability. The President disapproved the bill upon local considerations and because it was "the beginning of an experiment on a larger scale." On the seventh, the Senate, and on the eighth, the House,2 passed the bill over the veto.

The policy of Congress now, for extending the franchise to negroes, was like its policy for the abolition of slavery the year before. The abolition of slavery in the District of Columbia, and in the territories, had been the prelude to the joint resolution that became the thirteenth amendment. So now the extension of the elective franchise to negroes in the District of Columbia was soon followed by an act declaring that, in the territories of the United States thereafter organized, the right to vote should not be denied on account of race, color or previous condition of servitude. It became a law without the approval of the President.

3

1 Veto measure, January 5, 1867, Richardson, Vol. VI, pp. 472483.

2 The Senate by a vote of 29 to 10 (Journal, p. 74); the House by 112 to 38 (Journal, p. 133).

3 Act of January 25, 1867; Statute at Large, Vol. XIV, pp. 379

The extension of the suffrage under the act was not suffered to await the organization of new territories. The people of Nebraska had already been empowered to form a constitution and State government.1 In February, 1866, the territorial legislature by joint resolution, submitted a constitution for their approval, and it was ratified by a few votes.2 It limited the elective franchise

1 Act of April 19, 1864; Statutes at Large, Vol. XIII, p. 47. 2 Constitution of the State of Nebraska (Seal, Popular Sovereignty, the Constitution, Progress). Joint resolution submitting the Constitution for a State government to the people for their approval or rejection. At the Capitol, February, 1866. Nebraska Republican Job Office: 1866, 16 pages. The following letter throws light on the first Constitution of Nebraska:

Omaha, Neb., April 18, 1867.-Judge J. A. Jameson: Dear SirAfter considerable trouble, I have the facts collected about the formation of the constitution of the State of Nebraska. The friends of the State movement met at the Republican Office at Omaha. After duly calling the meeting to order, a chairman elected, the question was fully discussed, and it was decided that some movement should be made for a State. At an adjourned meeting a few days later, the friendly members of the Legislature being present, it was carried that the chairman appoint a committee of nine (three from the Council and six from the House of Representatives) to draft a constitution and present the same to the Legislature. This committee for the State met evenings at the office of Estabrook and Sahler and commenced their labors. After working evenings for six nights, the constitution as printed (i. e., by the. Republican Job Office, above) was ready for presentation to the Legislature; accordingly, Mr. Porter, a member of the Council (and chairman of the committee), on February 3, 1866, gave notice of the constitution and the joint resolution. February 5, Mr. Porter introduced the constitution and joint resolution-read first time. Mr. Bennett moved to suspend (the) rules; (to) read by its title second time, and refer to a special committee of three. Carried. February 5, 1866, the special committee, by Mr. Bennett, its chairman, reported the bill and joint resolution without amendment and asked its passage. On motion, the rules were suspended and the report considered. On motion, the bill and joint resolution read the third time and put on its passage; the yeas 6, nays 6. The President voting aye, the bill passed and title agreed to. House, February 6, 1866.

252

THE ACT AMENDED.

to white persons. Congress now added, as a condition to the former enabling act, that Nebraska should not be admitted until, within the State, there should be no denial of the elective franchise, nor of any other right, to any person, on account of race or color, excepting Indians not taxed; and, furthermore, that its legislature, by a solemn public act, should declare its assent to these conditions; this should be transmitted to the President, who upon its receipt, should announce that the condition had become a part of the organic law of the State, and thereupon its admission into the Union should be considered as complete.1

Johnson returned the bill to the Senate with a veto message. The conditions imposed by the act, he said, were not contemplated at the time when the inhabitants of The chief clerk of Council, with message from Council, informed the House that Council had passed Council Bill 22, being joint resolution and constitution for State government-read the first time. February 7, 1866, read the second time. February 8, 1866, read the third time and put on its passage; yeas 22, noes 1. Council, February 9, 1866, message from the Governor that he had signed joint resolution and bill for State Constitution. On January 2, 1866, constitution submitted to the people and carried by 145 (?) majority. JOHN H. SAHLER.

Extract from a manuscript letter to Judge Jameson from Judge C. Powell, Omaha, July 16, 1866: "It is held that there was great fraud committed on the part of the Republicans, and I think it is admitted by the better portion of that party. I am not partisan and have never taken any part in politics since the breaking up of the old Whig party, consequently I can say and think what I believe, and it is my opinion that both parties are as dishonest as can be, and that the Republicans got a little ahead of their opponents." Accompanying this letter is a manuscript account of the organization of the Territory and of the proceedings of the Legislature on the constitution. It estimates the popular majority in its favor at 100.

1 February 9, 1867: Statutes at Large, Vol. XIV, pp. 391-392. The bill passed the Senate, 23 to 11, January 10, 1867 (Journal, p. 84). Was amended in the House and passed there, January 15, by a vote of 103 to 55. (Journal, p. 174.)

Nebraska had asked admission, and was in striking conflict with the constitution which they had adopted.1 Congress was undertaking to authorize and compel a legislature to change a constitution which had received the sanction of the people and which Congress itself accepted and confirmed; nor was this the only incongruity of the bill. While purporting to admit Nebraska into the Union upon an equal footing with the original States, it demanded the acceptance of a condition to admission which had never been asked of any people when presenting a constitution of State government. This condition,-the extension of the franchise,—was clearly in violation of the federal Constitution, under the provisions of which, from the foundation of the government, each State had been left free to determine for itself the qualification of its electors. It would be more in accord with the principle of our government to allow the people of Nebraska, by popular vote or, by convention, chosen by themselves, to declare whether or not they would accept the terms upon which it was proposed to admit them into the Union. It was well known that the proceedings attending the formation of the constitution of Nebraska were not in conformity with the provisions of the enabling act. In an aggregate vote of nearly eight thousand, the majority in favor of the constitution had not exceeded one hundred,2 and it was alleged that, in consequence of frauds, even this result could not be received as a fair expression of the wishes of the people. They were not numerous enough to bear the burden of a State government and could therefore "wisely and patiently afford to wait." On the ninth

1 Nebraska Constitution, 1866, Article II, Section 2, limiting the right to vote to white male citizens.

2 The aggregate vote was 7,776.

• Nebraska veto message, January 29, 1867. Richardson, Vol. VI, pp. 489-492.