be subject to like punishment, pains, and penal- | territorial courts of the United States, with pow ties, and to none other, any law, statute ordi-ers of arresting, imprisoning, or bailing offenders nance, regulation, or custom, to the contrary against the laws of the United States, the officers notwithstanding.

SEC. 2. That any person who, under color of any 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 penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly 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 imprisonment not exceeding one year, or both, in the discretion of the court.

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 constitu tional 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 aet; 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 SEC. 5. That it shall be the duty of all marmilitary, or other person, for any arrest or im- shals and deputy marshals to obey and execute prisonment, trespasses, or wrongs done or com- all warrants and precepts issued under the promitted by virtue or under color of authority visions of this act, when to them directed; and derived from this act or the act establishing a should any marshal or deputy marshal refuse to bureau for the relief of freedmen and refugees, receive such warrant or other process when tenand all acts amendatory thereof, or for refusing dered, or to use all proper means diligently to to do any act upon the ground that it would be execute the same, he shall, on conviction thereof, inconsistent with this act, such defendant shall be fined in the sum of one thousand dollars, to have the right to remove such cause for trial to the use of the person upon whom the accused is the proper district or circuit court in the manner alleged to have committed the offence. And the prescribed by the "Act relating to habeas corpus better to enable the said commissioners to exe aud regulating judicial proceedings in certain cute their duties faithfully and efficiently, in cases," approved March three, eighteen hundred conformity with the Constitution of the United and sixty-three, and all acts amendatory thereof. States and the requirements of this act, they are The jurisdiction in civil and criminal matters hereby authorized and empowered, within their hereby conferred on the district and circuit courts counties respectively, to appoint, in writing, of the United States shall be exercised and en- under their hands, any one or more suitable perforced in conformity with the laws of the United sons, from time to time, to execute all such warStates, so far as such laws are suitable to carry rants and other process that may be issued by the same into effect; but in all cases where such them in the lawful performance of their respect laws are not adapted to the object, or are defi- ive duties; and the persons so appointed to exe cient in the provisions necessary to furnish suit-cute any warrant or process as aforesaid shall able 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

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 mili tia, 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

80

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

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
lawfully assisting him or them, from arresting
for whose apprehension such warrant
any person
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.

SEC. 9. That it shall be lawful for the Presi-
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
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, a
final appeal may be taken to the Supreme Court
The votes on this bill were:
of the United States.

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-
sive of all services incident to such arrest and
examination. The person or persons authorized
to execute the process to be issued by such com-
missioners 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 per-
formed by him or them, such as attending at the
examination, keeping the prisoner in custody,
and providing him with food and lodging dur-
ing his detention, and until the final determina-
tion 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 con-
formity with the fees usually charged by the
officers of the courts of justice within the proper
district or county, as near as may be practica-
ble and paid out of the treasury of the United
States on the certificate of the judge of the dis-
trict 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

1866, February 2-The SENATE passed the bill

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

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

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

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

NAYS-Messrs. Alley, Allison, Ames, Anderson, D. R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, BeaBroomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling, man, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, Cook, Cullom, Darling, Davis, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eliot, Farnsworth, Farquhar, FerHigby, Hill, Holmes, Hooper, Asahel W. Hubbard, Chester D. Grinnell, Abner C. Harding, Hart, Hayes, Henderson, Hubbard, Demas Hubbard, jr., John H. Hubbard, Hulburd, Ketcham, Kuykendall, Latham, George V. Lawrence, William James Humphrey, Ingersoll, Jenckes, Julian, Kelley, Kelso, Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Plants, Price, Raymond, Alexander H. Rice, John H. Rice, Moulton, Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike, Sawyer, Schenck, Scofield, Shellabarger, Sloan. Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas. jr., Van Horn, Ward, Warner, Ellibu B. Washburne, Henry D. Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Washburn, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.-118.

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, ling. Davis, Dawes, Delano, Deming, Dixon, Donnelly, Driggs, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar Dumont, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grin nell, Abner C. Harding, Hart, Hayes, Higby, Hill, Holmes, Ilubbard, John H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuy Hooper, Asahel W. Hubbard, Chester D. Hubbard, Demas Loan, Longyear, Lynch, Marston, Marvin, McClurg, Me kendall, Laflin, George V. Lawrence, William Lawrence, Ruer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Price, Alexander H. Rice, Sawyer, Schenck, Scofield, ShelMyers, Newell, O'Neill, Orth, Paine, Perham, Pike, Plants, barger, Sloan, Spalding, Starr, Stevens, Thayer, Francie Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, WilJames F. Wilson, Stephen F. Wilson, Windom, Woodliam B. Washburn, Welker, Wentworth, Whaley, Williams, bridge-111.

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

Coffroth, 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 President, 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 princi pally 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 diana, 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 again passed it-yeas 122, nays 41, as follow: YEAS-Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Boutwell, Brandegee, Bromwell, BroomCobb, Colfax. Conkling, Cook, Cullom, Darling, Davis, Dawes, all, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss. Asahel W. Hubbard, Chester D. Hubbard. John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Kasson, Kelley, Kelso, Ketcham, Laflin, George V. Law 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, Pom eroy, Price, Alexander II. 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, son, Noell, Phelps, Radford. Samuel J. Randall, Wiliam H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Winfield, Wright.-41.

Latham, Le Blond, Marshall, McCullough, Niblack, Nichol

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 Colozado. 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

that a majority of the citizens of Colorado desire, or are prepared for an exchange of a territorial for a State government. In September, 1864, under the authority of Congress, an election of ascertaining the views of the people upon Was lawfully appointed and held, for the purpose this particular question. 6,192 votes were cast, and of this number a majority of 3,152 was given against the proposed change. In September, 1865, without any legal authority, the question was again presented to the people of 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 exceeding 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

82

Copy of the Bill.

AN ACT for the admission of the State of Colo

rado into the Union.

pened where the inequality was so great. When as completely as possible, so that all those who such inequality has been allowed, Congress is are expected to bear the burdens of the Federal 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 mean stances which promised that it would rapidly time no new State shall be prematurely and undisappear through the growth and development necessarily admitted to a participation in the of the newly admitted State. Thus, in regard political power which the Federal Government to the several States in what was formerly called wields, not for the benefit of any individual the "northwest territory," lying east of the Mis-State or section, but for the common safety, ANDREW JOHNSON. sissippi, their rapid advancement in popula- welfare, and happiness of the whole country. tion rendered it certain that States admitted with WASHINGTON, D. C., May 15, 1866. 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 commercial and political exigencies, it was well foreseen Whereas, on the twenty-first day of March, 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 of rado, I am not aware that any national exigency, Colorado to form a constitution and State goveither 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 with which has been so generally adhered to in our certain conditions therein specified; and whereas it appears by a message of the President of the history. United States, dated January twelve, eighteen hundred and sixty-six, that the said people have adopted a constitution, which upon due examination is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union:

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 At the election 1861, 10,530 votes were cast. before mentioned, in 1864, the number of votes cast was 6,192; while at the irregular election Be it enacted, &c., That the constitution and held in 1865, which is assumed as a basis for 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 is 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 reIf, 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.

Bources.

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, privileges, grants, and immunities, and to be subject to all the conditions and restrictions, of an act entitled "An act to enable the people of Colorado to form a constitution and a State government, and for the admission of such State into 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 In
diana, Lane of Kansas, McDougall, Nesmith, Norton, Pom-
eroy, Ramsey, Sherman, Stewart, Trumbull, Williams-14.
little, Fessenden, Foster, Grimes, Guthrie, Ilarris, Hendricks,
ner, Van Winkle, Wade, Wilson-21.
Morgan, Morrill, Poland, Riddle, Sprague, Stockton, Sutn-

NAYS-Messrs. Buckalew, Conness, Creswell, Davis, Doo

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 13, as follow:

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

VOTES AND VETOES.

Nor have the sovereign people of the nation Foster, Grimes, Guthrie, Hendricks, McDougall, Morgan, been afforded an opportunity of expressing their

views upon the important questions which the amendment involves. Grave doubts therefore may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of the people, and whether State legislatures, elected without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment.

Waiving the question as to the constitutional George V. Lawrence, William Lawrence, Loan, Longyear, validity of the proceedings of Congress upon Marston, McClurg, McKee, Mercur, Miller, Moorhead, the joint resolution proposing the amendment, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander or as to the merits of the article which it subH Rice, Rollins, Sawyer, Schenck, Sheliabarger, Smith,

mits through the executive department to the
legislatures of the States, I deem it proper to
observe that the steps taken by the Secretary of
State, as detailed in the accompanying report,
are to be considered as purely ministerial, and
in no sense whatever committing the Executive
to an approval or a recommendation of the
amendment to the State legislatures or to the
On the contrary, a proper appreciation
people.
of the letter and spirit of the Constitution, as well
as of the interests of national order, harmony,
and union, and a due deference for an enlight-
ened public judgment, may at this time well sug-
gest a doubt whether any amendment to the
Constitution ought to be proposed by Congress
and pressed upon the legislatures of the several
States for final decision until after the admis-
sion of such loyal Senators and Representatives
of the now unrepresented States as have been,
or may hereafter be, chosen in conformity
with the Constitution and laws of the United
States.
ANDREW JOHNSON.