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recoverable from the defendant. It seems to me that under the influence of such temptations bad men might convert any law, however beneficent, into an instrument of persecution and

fraud.

By the eighth section of the bill the United States courts, which sit only in one place for white citizens, must migrate, with the marshal and district attorney, (and necessarily with the clerk, although he is not mentioned,) to any part of the district upon the order of the President, and there hold a court "for the purpose of the more speedy arrest and trial of persons charged with a violation of this act;" and there the judge and officers of the court must remain, upon the order of the President, "for the time therein designated."

The ninth section authorizes the President, or such person as he may empower for that purpose, "to employ such part of the land or naval forces of the United States or of the militia as shall be necessary to prevent the violation and enforce to due execution of this act." This language seems to imply a permanent military force, that is to be always at hand, and whose only business is to be the enforcement of this measure over the vast region where it is intended to operate.

I do not propose to consider the policy of this bill. To me the details of the bill seem fraught with evil. The white race and the black race of the South have hitherto lived together under the relation of master and slave-capital owning labor. Now, suddenly, that relation is changed, and, as to ownership, capital and labor are divorced. They stand now each master of itself. In this new relation, one being necessary to the other, there will be a new adjustment, which both are deeply interested in making harmonious. Each has equal power in settling the terms, and, if left to the laws that regulate capital and labor, it is confidently believed that they will satisfactorily work out the problem. Capital, it is true, has more intelligence, but labor is never so ignorant as not to understand its own interests, not to know its own value, and not to see that capital must pay that value.

This bill frustrates this adjustment. It intervenes between capital and labor, and attempts to settle questions of political economy through the agency of numerous officials, whose interest it will be to foment discord between the two races; for as the breach widens their employment will continue, and when it is closed their occupation will terminate.

a

In all our history, in all our experience as people, living under federal and State law, no such system as that contemplated by the details of this bill has ever before been proposed or adopted. They establish for the security of the colored race safeguards which go infinitely beyond any that the General Government has ever provided for the white race. In fact, the distinction of race and color is, by the bill, made to operate in favor of the colored and against the white race. They interfere with the municipal legislation of the States, with the relations existing exclusively between a State and its citizens, or between inhabitants of the same

State an absorption and assumption of power by the General Government which, if acquiesce in, must sap and destroy our federative system of limited powers, and break down the barrien which preserve the rights of the States. It is another step, or rather stride, towards central ization, and the concentration of all legislative powers in the national Government. The tendency of the bill must be to resuscitate the spirit of rebellion, and to arrest the progress of those influences which are more closely draw ing around the States the bonds of union and peace.

My lamented predecessor, in his proclamation of the 1st of January, 1863, ordered and de clared that all persons held as slaves within certain States and parts of States therein desig nated were, and thenceforward should be free, and, further, that the executive government di the United States, including the military and naval authorities thereof, would recognize and maintain the freedom of such persons. This gnarantee has been rendered especially obliga tory and sacred by the amendment of the Con stitution abolishing slavery throughout the United States. I, therefore, fully recognize the obligation to protect and defend that class of our people, whenever and wherever it shall become necessary, and to the full extent com patible with the Constitution of the United States.

Entertaining these sentiments, it only remains for me to say, that I will cheerfully co-op erate with Congress in any measure that mar be necessary for the protection of the civil rights of the freedmen, as well as those of all other classes of persons throughout the United States, by judicial process, under equal and impartial laws, in conformity with the provisions of the Federal Constitution.

I now return the bill to the Senate, and regret that, in considering the bills and joint resolutions-forty-two in number-which have been thus far submitted for my approval, I am compelled to withhold my assent from a second measure that has received the sanction of both Houses of Congress.

ANDREW JOHNSON. WASHINGTON, D. C., March 27, 1866.

Copy of the Bill Vetoed. AN AOT to protect all persons in the United States in their civil rights, and furnish the means of their vindication.

Be it enacted, &c., That all persons born in the United States and not subject to any foreign power, excluding Indians, not taxed, are hereby declared to be citizens of the United States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right in every State and Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence; to inherit, purchase, lease, sell, hold, and convey real and personal property; and to full and equal benefit of all laws and proceedings for the security of person and prop erty as is enjoyed by white citizens, and shall

SEC. 2. That any person who, under color of ny law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or benalties on account of such person having at any time been held in a condition of slavery or nvoluntary servitude, except as a punishment for crime whereof the party shall have been luly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or mprisonment not exceeding one year, or both, in the discretion of the court.

e subject to like punishment, pains, and penal- territorial courts of the United States, with pow ies, and to none other, any law, statute ordi-ers of arresting, imprisoning, or bailing offenders ance, regulation, or custom, to the contrary against the laws of the United States, the officers notwithstanding. and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act. And such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States.

SEC. 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a bureau for the relief of freedmen and refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the inflic-formity with the provisions of this act; and said tion of punishment on the party found guilty. SEC. 4. That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit court and

SEC. 5. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process that may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or the posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in con

warrants shall run and be executed by said officers anywhere in the State or Terrritory within which they are issued.

SEC. 6. That any person who shall knowingly

and wilfully obstruct, hinder or prevent any
officer, or other person charged with the execu-
tion of any warrant or process issued under the
provisions of this act, or any person or persons
fawfully assisting him or them, from arresting
any person for whose apprehension such warrant
or process may have been issued, or shall rescue
or attempt to rescue such person from the custody
of the officer, other person or persons, or those
lawfully assisting as aforesaid, when so arrested
pursuant to the authority herein given and de-
clared, or shall aid, abet, or assist any person so
arrested as aforesaid, directly or indirectly, to
escape from the custody of the officer or other
person legally authorized as aforesaid, or shall
harbor or conceal any person for whose arrest a
warrant or process shall have been issued as
aforesaid, so as to prevent his discovery and
arrest after notice or knowledge of the fact that-yeas 33, nays 12, as follow:
a warrant has been issued for the apprehension
of such person, shall, for either of said offences,
be subject to a fine not exceeding one thousand
dollars, and imprisonment not exceeding six
months, by indictment and conviction before
the district court of the United States for the
district in which said offence may have been
committed, or before the proper court of criminal
jurisdiction, if committed within any one of the
organized Territories of the United States.

speedy arrest and trial of persons charged with
a violation of this act; and it shall be the dur
of every judge or other officer, when any su
requisition shall be received by him, to atter.
at the place and for the time therein designated

SEC. 9. That it shall be lawful for the Pres dent of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to i prevent the violation and enforce the due exe cution of this act.

SEC. 10. That upon all questions of law arising! in any cause under the provisions of this act, final appeal may be taken to the Supreme Court of the United States.

The votes on this bill were:

1866, February 2-The SENATE passed the billi

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Dixon, Fessenden, Foot, Foster, Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kanst Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey. Sherman Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Wiliams, Wilson, Yates-33.

ricks, McDougall, Nesmith, Norton, Riddle, Saulsbury, Sk NAYS-Messrs. Buckalew, Cowan, Davis, Guthrie, Hend ton, Van Winkle-12.

March 9-The bill being before the HOUSE,
Mr. ELDRIDGE moved that it lie on the table,
follow:
which was disagreed to-yeas 32, nays 118, as

Dawson, Denison, Eldridge, Glossbrenner, Goodyear, Gris,
YEAS-Messrs. Ancona, Boyer, Brooks, Chanler, Coffret
Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Kert
Le Blond, Marshall, Niblack, Nicholson, Radford, Rit
Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Taber, Taylor,
Thornton, Trimble, Winfield.-32.

NAYS-Messrs. Alley, Allison, Ames, Anderson, D. R. Ash

man, Bidwell, Bingham, Blaine, Blow, Bout well, Bromwell,
Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling,
Cook, Cullom, Darling, Davis, Defrees, Delano, Deming. Dixoa,
Donnelly, Driggs, Dumont, Eliot, Farnsworth, Farquhar, Fer
Grinnell, Abner C. Harding, Hart, Hayes, Henderson,
Higby, Hill, Holmes, Hooper, Asaliel W. Hubbard, Chester D
Hubbard, Demas Hubbard, jr., John II. Hubbard, Huiburk
James Humphrey, Ingersoll, Jenckes, Julian, Kelley, Kels
Ketcham, Kuykendall, Latham, George V. Lawrence, William
Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg,
McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris,
Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike,
Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding
Plants, Price, Raymond, Alexander H. Rice, John H. Rice
Starr, Stevens, Thayer, Francis Thomas, John L. Thomas. j
Trowbridge, Upson, Van Aernam. Buri Van Horn, Robert T
Washburn, William B. Washburn, Welker, Wentworth.
Van Horn, Ward, Warner, Ellihu B. Washburne, Henry D.
Whaley, Williams, James F. Wilson, Stephen F. Wilson, Win-
dom, Woodbridge.—118.

SEC. 7. That the district attorneys, the mar shals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclu-ley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Bea sive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction.

SEC. 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more

March 13-The bill passed-yeas 111, nays 38, as follow:

YEAS-Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling. Davis, Dawes, Delano, Deming, Dixon, Donnelly, Driggs Dumont, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grin nell, Abner C. Harding, Hart, Hayes, Higby, Hill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John II. Hubbard, Hulburd, James Humphrey Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuy kendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Me Ruer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton. Myers, Newell, O'Neill, Orth, Paine. Perham, Pike, Plants, Price, Alexander H. Rice, Sawyer, Schenck, Scofield, Shel labarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, Wil liam B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge-111.

NAYS-Messrs. Ancona, Bergen, Bingham, Boyer, Conness,

offroth, Dawson, Denison, Glossbrenner, Goodyear, Grider,
Aaron Harding, Harris, Hogan, Edwin N. Hubbell Jones,
Kerr, Latham, Le Blond, Marshall, McCullough, Nicholson,
Phelps, Radford, Samuel J. Randall, William H. Randall,
Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith,
Taber, Taylor, Thornton, Trimble, Winfield-38.
March 15-The Senate concurred in the House
amendments.

March 27-The bill was vetoed.

April 6-The SENATE passed the bill, notwithstanding the objections of the Fresident, by a vote of 33 yeas to 15 nays, as follow:

the number at from thirty-five thousand to forty thousand souls. The people are principally recent settlers, many of whom are understood to be ready for removal to other mining districts beyond the limits of the Territory, if circumstances shall render them more inviting. Such a population cannot but find relief from excessive taxation if the territorial system, which devolves the expenses of the executive, legislative, and judicial departments upon the United States, is for the present continued. YEAS-Messrs. Anthony, Brown, Chandler, Clark, Con- They cannot but find the security of person and ness, Cragin, Creswell, Edmunds, Fessenden, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of In- Property increased by their reliance upon the liana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, national executive power for. the maintenance Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, of law and order against the disturbances necesWilley, Williams, Wilson, Yates-33. NAYS-Messrs. Buckalew, Cowan, Davis, Doolittle, Guth-sarily incident to all newly organized commurie, Hendricks, Johnson, Lane of Kansas, McDougall, Nes- nities. mith, Norton, Riddle, Saulsbury, Van Winkle, Wright-15. Second. It is not satisfactorily established April 9 The HOUSE OF REPRESENTATIVES that a majority of the citizens of Colorado deagain passed it-yeas 122, nays 41, as follow: sire, or are prepared for an exchange of a terriYEAS-Messrs. Alley, Allison, Delos R. Ashley, James M. torial for a State government. In September, Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, 1864, under the authority of Congress, an election Benjamin, Bidwell, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney' Clarke, was lawfully appointed and held, for the purpose Cobb, Colfax, Conkling, Cook, Cullom, Darling, Davis, Dawes, of ascertaining the views of the people upon Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley, this particular question. 6,192 votes were cast, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, and of this number a majority of 3,152 was Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel given against the proposed change. In SepW. Hubbard, Chester D. Hubbard, John H. Hubbard, James tember, 1865, without any legal authority, the R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Kasson, Kelley, Kelso, Ketcham, Laflin, George V. Law-question was again presented to the people of rence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.-122. NAYS-Messrs. Ancona, Bergen, Boyer, Coffroth, Dawson, Denison, Eldridge, Finck, Glossbrenner, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Latham, Le Blond, Marshall, McCullough, Niblack, Nicholson, Noell, Phelps, Radford. Samuel J. Randall, William H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Winfield, Wright.-41.

Whereupon the Speaker of the House declared the bill a law.

Veto of the Colorado Bill, May 15, 1866. To the Senate of the United States:

I return to the Senate, in which house it originated, the bill which has passed both Houses of Congress, entitled "An act for the admission of the State of Colorado into the Union," with my objections to its becoming a law at this time. First. From the best information which I have been able to obtain, I do not consider the establishment of a State government at present necessary for the welfare of the people of Colorado. Under the existing Territorial government all the rights, privileges, and interests of the citizens are protected and secured. The qualified voters choose their own legislators and their own local officers, and are represented in Congress by a delegate of their own selection They make and execute their own municipal laws, subject only to revision by Congress-an authority not likely to be exercised, unless in extreme or extraordinary cases. The population is small, some estimating it so low as twentyfive thousand, while advocates of the bill reckon

the Territory, with a view of obtaining a reconsideration of the result of the election held in compliance with the act of Congress approved March 21, 1864. At this second election 5,905 votes were polled, and a majority of 155 was given in favor of a State organization. It does not seem to me entirely safe to receive this, the last mentioned result, so irregularly obtained, as sufficient to outweigh the one which had been legally obtained in the first election. Regularity and conformity to law are essential to the preservation of order and stable government, and should, as far as practicable, always be observed in the formation of new States.

Third. The admission of Colorado, at this time, as a State into the federal Union, appears to me to be incompatible with the public interests of the country. While it is desirable that territories, when sufficiently matured, should be organized as States, yet the spirit of the Constitution seems to require that there should be an approximation towards equality among the several States comprising the Union. No State can have less or more than two Senators in Congress. The largest State has a population of four millions; several of the States have a population excceding two millions; and many others have a population exceeding one million. A population of 127,000 is the ratio of apportionment of representatives among the several States.

If this bill should become a law, the people of Colorado, thirty thousand in number, would have in the House of Representatives one member, while New York, with a population of four millions, has but thirty-one; Colorado would have in the electoral college three votes, while New York has only thirty-three; Colorado would have in the Senate two votes, while New York has no more.

Inequalities of this character have already occurred, but it is believed that none have hap

ANDREW JOHNSON. WASHINGTON, D. C., May 15, 1866.

Copy of the Bill.

pened where the inequality was so great. When as completely as possible, so that all those wh such inequality has been allowed, Congress is are expected to bear the burdens of the Feder supposed to have permitted it on the ground of Government shall be consulted concerning the some high public necessity, and under circum admission of new States; and that in the me stances which promised that it would rapidly time no new State shall be prematurely and disappear through the growth and development necessarily admitted to a participation in t of the newly admitted State. Thus, in regard political power which the Federal Governmen to the several States in what was formerly called wields, not for the benefit of any individus the "northwest territory," lying east of the Mis-State or section, but for the common safety, sissippi, their rapid advancement in popula- welfare, and happiness of the whole country." tion rendered it certain that States admitted with only one or two representatives in Congress, would, in a very short period, be entitled to a great increase of representation. So, when California was admitted on the ground of commer- AN ACT for the admission of the State of Col cial and political exigencies, it was well foreseen that that State was destined rapidly to become a great, prosperous, and important mining and anno Domini eighteen hundred and sixty-four commercial community. In the case of Colo-Congress passed an act to enable the people rado, I am not aware that any national exigency, Colorado to form a constitution and State gor either of a political or commercial nature, re- ernment, and offered to admit said State, when quires a departure from the law of equality, so formed, into the Union upon compliance wit which has been so generally adhered to in our certain conditions therein specified; and wherea history. it appears by a message of the President of the United States, dated January twelve, eighteen hundred and sixty-six, that the said people have adopted a constitution, which upon due exami nation is found to conform to the provisions ani comply with the conditions of said act, and t be republican in its form of government, an that they now ask for admission into the Unio

rado into the Union. Whereas, on the twenty-first day of March

If information submitted in connection with this bill is reliable, Colorado, instead of increasing, has declined in population. At an election for members of a territorial legislature held in 1861, 10,580 votes were cast. At the election before mentioned, in 1864, the number of votes cast was 6,192; while at the irregular election held in 1865, which is assumed as a basis for Be it enacted, &c., That the constitution an legislative action at this time, the aggregate State government which the people of Colorado of votes was 5,905. Sincerely anxious for the have formed for themselves be, and the same welfare and prosperity of every Territory and hereby, ratified, accepted, and confirmed, and that State, as well as for the prosperity and welfare the said State of Colorado shall be, and is hereby, of the whole Union, I regret this apparent de- declared to be one of the United States of Amercline of population in Colorado; but it is mani-ica, and is hereby admitted into the Union upon fest that it is due to emigration which is going an equal footing with the original States, in all on from that Territory into other regions within respects whatsoever. the United States, which either are in fact, or are believed by the inhabitants of Colorado to be, richer in mineral wealth and agricultural resources. If, however, Colorado has not really declined in population, another census, or another election under the authority of Congress, would place the question beyond doubt, and cause but little delay in the ultimate admission of the Territory as a State, if desired by the people.

The tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the enabling act which was passed by Congress on the 21st day of March, 1864. Although Congress then supposed that the condition of the Territory was such as to warrant its admission as a State, the result of two years' experience shows that every reason which existed for the institution of a territorial instead of a State government in Colorado, at its first organization,

still continues in force.

The condition of the Union at the present moment is calculated to inspire caution in regard to the admission of new States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress. It is a common interest of all the States, as well those represented as those unrepresented, that the integrity and harmony of the Union should be restored

SEC. 2. And be it further enacted, That the said State of Colorado shall be, and is hereby, declared to be entitled to all the rights, priv leges, grants, and immunities, and to be subject to all the conditions and restrictions, of an ac entitled "An act to enable the people of Col rado to form a constitution and a State govern ment, and for the admission of such State in the Union on an equal footing with the original States," approved March twenty-first, eighteen hundred and sixty-four.

The votes on this bill were:
IN SENATE.
March 13-The bill was rejected-yeas 14,
nays 21, as follow:

YEAS-Messrs. Chandler, Cragin, Kirkwood, Lane of I diana, Lane of Kansas, McDougall, Nesmith, Norton, Po eroy, Ramsey, Sherman, Stewart, Trumbull, Williams-16 NAYS-Messrs. Buckalew, Conness, Creswell, Davis, Do little, Fessenden, Foster, Grimes, Guthrie, Harris, Hendrickt, Morgan, Morrill, Poland, Riddle, Sprague, Stockton, Samner, Van Winkle, Wade, Wilson-21.

Mr. Wilson entered a motion to reconsider the vote.

April 25-The Senate voted to reconsider; yeas 19, nays 13. (Same as below.)

The bill was then passed-yeas 19, nays as follow:

13,

Howard, Howe, Kirkwood, Lane of Indiana, N YEAS-Messrs. Chandler, Clark, Conness, Cragin, Crea Pomeroy, Ramsey, Sherman, Sprague, Stewart, Trumbull, Van Winkle, Willey, Wilson-19.

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