Fclitor A: Proprietor.
The Old Iforlii St*te ff'orcTer.^—Gaston.
Sing^le Copies Fire Cents
VOL L
SALISBURY. N. C.. TUESDAY. FEBRUARY 5. 1867
NUMBER 165
i’hii.a jii:i.]'iiiA a d VKir rs.
A1) VEItTISEMESTS.
FIELD, LANGSTROTH & CO., uoticbtosbtti.b.-tiikn-otes
IISPOHTSES A
r\
■ct
IX
F 0 R EI G X i D 0 M E S TIC
HARDWARE,
CUTLERY, GUNS, etc.,
NO. 4 )0 MAItKET ST.
PHI A.
We are constantly receiving addi-
dilions to our stock from
accounts, aiitl claims of the firm of Browu,
Coffin A: Mock are in the hands of Luke
Blackmer, Esj., for collection and as we are
in yreat neetlof money we hope our friends will
call upon Mr. Blackmer promptly and make
a settlement. His office is in thecourt liouse.
JOHN D. BROWN,
J. M. COFFIN,
A. J. MOCK. ""
Sali.sburv, Oct. 26, 1800. . tw—tf
NOTICE TO SETTLE.
All of the Not**8 and Accounts belong
ing to the firm of BROWN, COFFIN &
MOCK, are iu. ni}' liands for collection,
and all parties indebted to the firm will
please call on me, at my office, and settle.
LUKE BLACKMER.
Oct. 27,’66. tw&w 4w.
THE
OLD NORTH STATE.
ri'RI-WEEKLY.]
RATES OF SUBSCRIPTION. =£11
TEUMS—CASH IN AOVANCE. .
?5.00
3.00.
. ■ 75 cts.
Weekly, One Year
» Six Months,
One Month,
[WEEKLY.]
.^eekly paper, One Year, - - - I 3.00
“ “ Six months, • • 1.50
“ “ Teh copies One Year, - 22.00
“ “ Twenty copies, One Year, 40.00
A cross X on the paper indicates the expiration of
the sub.scription.
The tyjie on which the “Old North State,” is
printed is entirely new. No pains will be spared to
make it a welcome visitor to every family. In order
to do this we have engaged the .services of able and
accomplished literary contributors.
English, French, German
VALUABLE FLANTATlOir for
^ Sale.—For ShIh VnJ-tarwhJjf X^ln
AXl)
American Manufacturers.
M'-rchauts vi.^itinE ihi.s city arc invited to
eKitmim* onr
JLCGOP.TIISITT 07 GOODS,
which will he offered ns low jm any huu.se iu
the country.
Valuable Plant-ation
lying on the A'adkin River, in Davidson Uounty, sev
enteen miles North we.st from Le.xington, and fourteen
miles .Soutliwest from Salem, contains al»out340 acres
of land. This is a very valuable and desirable farm,
lying immediately on the river whichhounds itonthe
i^ntliside for nearly one mile, and contains almut six
ty acres of excellent bottom, besides a quantity of the
best upland in a good state of cultivation. There Ls
also on the jilaec one fifthebe.st W.VTKR PtlVVFR.S
to he met with on the Yadkin river, Ijelow the Bean
.Shoals. The improvements are good.
For Inrttier particnhirs address the editor of tlie Di.d
North State. Salishniy, X. ('. octl6—tf
■nlSSOLUTIOn.—THE copartner
.ship licrctofore existing under the Uiinie tind
firm of Bi'kke A: Hauki.sox iu the book bu-
ADVERTISING RATES.
1 SQl'ARE,
2 .SQUARES,
3 SQUARES,
4 SQUARES,
QUAR. COI_
HALF COL.
3 QUAR. COU
OXE UOI
1 MO. 1
2 -MO. 1
3 MO. 1
4 MO.
$5.00
$8.50
$12,00
$»5.00
7,60
13,00
17,00
21.00
10.00
16,00
21,00
26,00
1-2.00
18.00
23,00
28,00
13,00
19,00
24.00
29.00
20.00
27,00
33,00
38 00
25 00
33 00
40,00
45.00
30.00
42.00
52.(K)
60,00
IV Orders iriU nrOrr prompt and carejid : ^li^s'^lved by mutual cou-
4- / sent
aitenfion ^5
Sept. 21, 1S6(;.
HEN. FIELD,
'J\ F.L.VNCSTROTII
W. F. MALSON.
tw—*2 111
II. IIAKKI^il,
WITH
AIiZiEN 6l brother,
IjiejK'rt-:RS and wiiolksale dkai.ers is
ciii.N.L (ii..\ss ,t «ri:i;.Ns\\Ai!L
A'o.v. 22 A :lo Sunlit FtiitrfJi Street^
(ih'l\\ i cii Market and i 'he-tniil Sts.)
«.Ktln;K .S ALI.K.V. TIIKO. M. .VLLK.V.
All per.snn.s owing the sail Burke and Har
rison are respectfully reipiested to call on J.
K. Burke at lii.s new st:ind in Uowan’.s Brick
row, opposite Spr.igne Bros., and .settle up.
BURKE &: IIARRISON.
Oct 1.7, L'^titi. Tw-2ni.
H E '
USBURY
BOOK STORE.
;• ) • I’lrrsHuin: (Ii.ass acuscv.—(llassojNOi or h}'
t he I'a'-kace. at .\|;imilaetiiiei‘-, I’riees. sept20-3m.
JA>;. U. UH’in.K,
J so. C. .silKRltoltSE,
J. KUTIIKY SMITH,
W. CALVIN MOORE.
Riddle, Sherborue & Co.,
IMroRTKRS AM)
WHOLESALE DEALERS IN
THF. Snhscriber i.s constantly adding to
the Stock of Hooks now on hand, all of tlie
latest and host publications to be had. All
kinds aiiil gr.tdes of
SUllOOL HOOKS.
Religions, Historical, HiograpliiCiil, and
MiscellaniMiiis works.
Hhink Hooks. Note Hooks, Writing papers.
Wall j>a}»er, Sliades, cVc.
Sfationrrif and Fancif Articles,
TRANSIENT K.ATES
For all i)eriods lesstlian one mouth
One .Sipiare, First in.sertion ?1.00
Each subsequent imsertion 60
Contract rates for, periods of one to four mouths.
6 MO‘
$20.00
27,00
34,00
37,00
38 .50
44 00
50.00
70,00
Special Contracts will he made with those who desire
to advertise fora longer term than four months.
Court Notices and .Advertisements will be charged
at the usual rates. j
Ten linos of solid minion type, or about one j
inch lengthwise of the column, constitute a i
square. j
Siiecial Notices, in leaded minion, will he con
tracted for at the office, at not less than double
the nite of ordinary advertisements.
Inserted as ri'ading matter, with approval o
the editors, fifty cents per line.
Advertisements inserted irregularly, or at inter
vals, 2.') per cent, additional.
Tlu‘ riites above priuted are for standing adver-
ti.seiiients.
One or two sipiares, changeable at discretion,
ID p(*r cent atlditional.
More tliiiu two squares, changeable at discre-
fio i. jier s((uare of ten lines, for every chauge,
twentv-live cents.
inquiry, and doubtless will result in such
inquiry if tl,ig fjj|j becomes a law, whether
it does not attempt to exercise a power
not conferred upon Congress by the Fed
eral Constitution. The instrument simply
declares that Congress may admit new
States into the Union. It nowhere 8a3’s
that Congress may make new State.s for
Jiny other purpose; and yet this bill is as
clear an attempt to make the institutions as
any in which the people themselves could
cngaW&. ^ ^
In view of this action of Congress, the
House of Representatives of the Territory^
has earnestly’^ protested against being forc
ed into the Union, without first having the
question submitted to the people. Noth-'
ing could be more reasonable than the po
sition which they thus assume ; and it cer
tainly cannot be the purpose of Congress to
force upon a community, against their will,
a government' which they do not believe
themselves capable of sustaining.
The following is a copy of the protest
alluded to, as officially transmitted to me :
Whereas it is announced in the public
prints that is the intention of Congress to
admit Colorado as a State into the Union.
Therefore—
“ Resolved by’^ the House of Representa
tives of this Territory, That representing
as we do, the last and only legal expres
sion of public opinion on this question, we
earnestly protest against the passage of
a law admitting the State without first
having the question submitted to a vote of
the people, for the reasons—first, that we
have a right to a vmice in the selection of
the character of our government; second,
that we have not a sufficient population to
support the expenses of a State govern
ment. For these reasons we trust that
Congress will not force upon us a govern
ment against our will.”
President’s Message.
ioriHtlll & IbHlH'StK* Dry (lOOdS. l^r^DaslMU aspos>il>h, at niy Nov SUnd
M 4/./-;''/' v'/'/MM’/’ 111 C'owauVHru-k Row, opposin'Sprague Bros.
MS MAh'hhl SJhhLl, J K. burke,
Message of the President of the V. States, |
Itcturning to the Senate a Bill Entitled \
“ An Act to Admit the State of Colora-:
do into the Union.” I
(lU'low Filth. A 4.')3 .Mcn hant street.
I*liilafiel|»liia.
si'jtt -iU. ISGG. t\v-lni
J. s. iii:.s.s,
t. m. rookr.s.
l>. W. C»A.\II1EUS,
NORl.K SMITH.
S,
Hess, Rogers & Chambers,
IMroRIT.RS AND .KiIlIIKRS OF
H b c: 3 ?• r, G L 0 T
Fancy Goods, etc., etc.
Ad. 4 11 Jlar/cet street,
l*liiladc‘l|»liia.
20. IHiirt. tw-fim
G. F. PRITCHARD,
AVITII
FARZZAnXdL WORK.
IMl'ORTERS, M A MF Vt’TlRKKS AM)
A’II01. FS.ILF J)FA L FBS IX
('aibs. Fui’s it Straiv Coods.
Ad. .')1 Xorth J'hird .dreet,
(lli't wft'ii Miirki't and .Arvh.)
Phil :i d e I p h i a .
Bookseller, &c.
Salisbury, N. C., Oct. 18, ’66. 67.:hn
vr M . M . V A R rii M .
t.
.S'lit. ‘jn, isiit;.
KOliT. 1). WORK.
tw-f»ui
l^alisibiirv ISrasi^i Band,
AND ORCIIESriiA. WERE RE-ESTAB-
lished .Liuuary 18t)6, with W.M. H. Ne.we,
Miisii-al Director, and Ed. B. Nk.AVK, Leader.
Tliis will he a periiiaiient and first class
Baud for North Carolina, if properly fssteeni-
ed and sustained, by being engaged at all
points in the State, on occasions wliere ster
ling music shouUi be a marked feature.
Music composed and arranged for any re-
qnir«‘d nninher of parts for Brass Band, Orches
tral. Parlor or Choral purposes, to order.
Music for Piano—If. B. Dodworth, Moss,
Kent, Botsford. of New York, warm personal
friends of Mr. Neave, .select and send him all
tin* nmsic for Piano tliat i.s new, when intrin
sically good, as \v«‘ll as winning and popular;
for hcirinin'is. medium players -and advanced
musicians. This carefully select and highly
aj)proved music, will 1h* sold as cheaply here,
as the mixed article is retailed iu New York.
'I'lie far-famed Dodworth Band instruments
can he got through Mr. Neave, tested and ap
proved,
Salisbury, N. C., April 28, 1866. tf
To the Senate of the United States :
I return to the Senate, in which House
it orignatod a bill entitled “ an act to .ad
mit the State of Colorado into the Union,”
to which I cannot, consistently with my^
sense of duty, give my approval. With
the exception of an additional section, con-
Laining new provisions, it is suhsiantially
W W a ,
a IvT. C
or .S TuKK.S Co., X. C. Wri H
II o o i, II o o II h r i g: li t A V
o..
W II ALK I s
Forrikni tb IMiiDstic Dry (loods.
Ad. 722 Marhet street,
(o'Ji)I oiiiitifnc
I* II I I. .V U K L P II 1 ,
sept ‘20. tw-fim
tH4S. F. MOROAN,
W M . u. m ) K .
AI.r.KRT 1‘ARVIN.
F. r,. K.l.KINTON.
CHARLES E. MORGAN & Co.,
nirouiKu.s and .idju’.ku.s or
DRY GOODS.
712 Marhet istreei. ortou' Si./Y/q
•ypt 20. isiifi.
DR. EDWARD SILL,
Poiiiiiiit««iiioii .Ylerchaiit,
(M)IJ \!IUA, S, C.
Jgi:08 TO lNF«*ini Ills MANY OLD Friends
in Itowan, Ualuirnis, Iredell, Davie and the
adjoining counties in the Old North Stiite, (whieh
;is ever, he i.s proud to cjill the land of his birth.)
tiiat he is .-till in Coluniliiji; and although he has
hei'ii dreadfully scourged hy the casualties of the
Lite war, he will he hajiiiy to serv'e them in the
capacity of it Commi.ssioii Merebaiit, in the sale
of any oftliectiimnodities whatever, sueh as Flour
llacoii, Lard, Dutter, Corn, Whisky, Cotton Yarn
Tobiteco. etc., which they may he plea.sed to eu
trust to his care.
Any inforiniition as to the stiite of the market,
either iu selling or buying, will be eheerfully and
proinjttly given. EDWARD SILL.
Oct. *2.'), iNiG. tw-tf
the same as the bill of a similar title pass
ed by' Congress during the la-st session,
submitted to the President for his approval,
returned with the objections contained in
a message bearing date the 1.7tb of M.ay
last, and yet awaiting the reconsideration
of the Senate.
A socond bill, having in vieAv the same
purpose, has now passed both Houses of
Congress and been presented for my sig
nature. Having again carefully consider
ed the subject, I have been unable to
perceive any reason for changing the opin
ions which have already been communica
ted to congress. I find, on the contrary',
that there are many' objections to proposed
legislations of which I was not at that
time aware, and that, while several of
Ujton information which I considered
reliable, I assumed, in my' message of the
17th of 5Iay last, that the population of
Colorado was not more than thirty thous
and, and expressed the opinion that this
number was entirely too small either to as
sume the responsibility or to enjoy the pri
vileges of a State.
It a.pJ>ooi'a tViixt previous to t\uvt timCy tlie
Legislature, with a view to ascertain the
exact condition of the Territory, had pass
ed .a law authorizing a census of the popu
lation to be taken. The law made it the
duty'of the assessors in the several coun
ties to take the census iu connection with
the annual .assessments, and in order to se
cure a correct ennmersilion of the popula
tion, .allowed them a liberal compensation
for the service hy paying them for every
name returned, and added to their previous
oath of office an oath to perform this duty
with fidelity.
From the accompanying official report it
appctirs that returns have been received
from fifteen of the eighteen counties into
which the State is divided, and that their
population amounts in the aggregate to
twenty-four thousand nine
hundred and
nine. The three remaining counties are
those which I then assigned have in the
interval gained iu strength, yet others
have been crc.ated by the altered character
of the niciisure now submitted.
The Constitution under which this State
Government is proposed to be formed, ve
ry' properly' contains a provision that all
laws in force at the time of its adop
tion and the .admission of the State into
the Union shall enntinue as if the Consti
tution had not been .adopted. Amongthose
laws is one absolutely prohibiting negroes
and mulattoes from voting. At the recent
session
t\v-3ni
VALUABLE FLANTATZOXT
FLOURING MILL to Rent.
As .\(;ent of c’ol. UtEo.t. barnes,
1 wi.sli to rent PoF Cash, the planta
tion ninl tnill otvirenl by the late Br. Sami.
Rcrr. The plantation has about
one iiiiVT).' n u\’ nvr oti tiv .
UlL't l.\l.\|0| llL.li'df ; in a high Stateof etiltivatioiiand is well adapt-
Xo. 432 Market street.
of the Territorial Legislature a
hill for the repeal of this law, introduced
into the council, was almost unaniraonsK'
rejected; and the very time .vlieu Con
gress was engaged in enacting the bill not
under consideration, the Legislature passed
an act excluding negroes and mulattoes
from the right to sit as jurors. The hill
w.as vetoed by the Governor of the Terri
tory, who held that by the laws of the U.'
BEIVRV WHEELER,
OF NORTH I'.MMLl.XA. WITH
James Palmer & Co.,
WHOLESAI.E DRUGGIETS,
AND dealers in
btates negroes and mulattoes are citizens
rillLJkUGLPlllA,
BCpt 20, ISfifi
tw—6m
Blackburn & Holder,
i»r^iF .
fJENDEH THKJK SERVICES TO THE CITI-
ZL'US (i! Salisbury ami the surrt>umliiig eoiin-
t.*"}'. They have had iniieh ex,jerieiiee in the bu
siness, utul will proiiiittlv exeeiite all orders sent : • • t, , t • ,
to them iu the most saiislaetory mamier. Give ^ .Salisbury', or on Lieut \\ ardeu
ed to the raising of Cotton, Tobacco, Wheat
and Corn, and is one of the most desirable
places for cultivation iu the county. The
dwelling house is large and commodious, sur
rounded hy one ef the most beautiful and or
namental gardens in the country
The mill has three sets of stones and is a
superior mill in every respect, having a large
custom and pleniy of water. Parties wishiug
to obtain further information can do so bycal-
them a trial.
Addre.ss,
BLACKBURN & HOLDER,
Clemmoiisville N C, or Salem
ou the premises.
LUKE BLACKMER.
Sept. 20, 1866. tw-tf Agent.
and subject to the duties as well as enti
tled to the rights of citizenship. The hill
however, was passed, the objections of the
Governor to the contrary, notwithstanding,
and is now a law of the Tciidtory. let
in the hill now before me, by which it is
proposed to admit the Territory as a State
it is provided that ‘'there shall he no de
nial of the elective franchise or any' other
right, to any' person, by' reason of race or
color, excepting Indians not taxed.” The
incongruity thus exhibited between the
legislation of Congress and that of the Ter-
ritory', taken in connection with the pro
test against the admission of the State,
hereinafter referred to would seem clearly
to indicate the impolicy and injustice of
the proposed enactment.
It might indeed be a subject of grave
estimated to contain three thousand, mak
ing a total population of twenty-seven tlioi:-
sasd nine hundred and nine [27,909.]
This census was taken in the summer
season, when it is claimed that the popula
tion is much larger th.an at any other peri
od, as in the autumn miners in large num
bers leave their work and return to the east,
with the results of theirsummer enterprise.
The population, it will be observed, is
but slightly' in excess of one-fifth of the
number required as the basis of represen
tation for a single Congressional district in
any of the States, that number being re
quired 127,000.
I am unable to perceive any' good reason
for such great disparity in the riglit of re
presentation ; giving, as it would, to the
people of Colorado not only' this vast ad
vantage in the House of Representatives
hut an equality in the Senate, where the
other States are represented by millions.
With perh.aps a single exception, no such
inequality as this has ever before been at
tempted. I know that it is claimed that
the population of the different States at the
time of their admission has varied at differ
ent periods ; hut it has not varied much
more th.an the population of each decade,
and tiic corresponding basis of representa
tion for the different periods.
Tlie obvious intent of the Constitution
was that no State should be admit cd with
a less population than thcralio of a Repre
sentative at the time of application. The
limitation, in the second section of the first
article of the Constitution, declaring that
It is respectfully submitted that howev
er Congress, under the pressure of circum
stances, may* have admitted two or three
States with less than a representative pop
ulation at the time, there has been no in
stance in which an application for admis
sion has ever been entertained when the
population as officially' ascertained, was be
low thirty thou.sand.
Were there any doubt of this being the
true construction of t\»e Constitution, it
would be dispelled by the early and long
continued practice of the Fcdend Gh)vern-
ment. For nearly sixty years after the
adoption of the Constitution, no State was
admitted with a population believed at the
time to be less than the current ratio for a
representative ; and first instance in which
there appears to have been a departure
from the principle w:is in 1845, in the case
of Florida. Obviously the result of sec
tional strife, would do well to regard it as
a warning of evil rather than as an exam
ple for imitation ; and I think candid men
of all parties will agree that the inspiring
cause of the violation of this wholesome
principle of restraint is to be found in an
attempt to balance those antagonisms which
refused to be reconciled except through
the bloody arbitrament of arms. The plain
fac^s of our history will attest that the
great leading States admitted since 1845,
viz : Iowa, Wisconsin, California, Minne
sota and Kansas, including Texas, which
was admitted that year, have all come with
an ample population for one represeBtartire,
and some of them with nearly or quite
enough for two.
To demonstrate the correctness .of my
views ou this question, I subjoin a taule—
containing a list of the States admit ted
since the adoption of the Federal Consi'^i*
tution, with the date of admission, the ra
tio of representation, and the representa
tive population when admitted, deduced
from the United States census tables—the
calculation being made for the period of
the decade corresponding with the date of
admission;
States.
Vermont
Kentucky
Tennessee
(>hio
Louisiana
Indiana
Mississippi
Illinois
Alabama
Maine
Missouri
Arkansas
Michigan
Florida
Texas
lowd
Wisconsin
California
Gregon
Minnesota
Kansas
West Virginia
Nevada
• 1850.
Adm’d.
Ratio.
Pop’N.
1791
33.000
92,220
1792
33,000
95,638
179G
3U,000
73,864
1802
2o,000
82,443
61812
35,000
75,212
1816
35,000
98,110
1817
35,000
53,677
1818
35,000
46,274
1819
35,000
111,150
1820
35,000
298,335
1821
35,000
69,260
1836
47,700
65,175
1837
47,700
158,773
1845
70,680
57,951
1845
70,680
189,327
1846
70,680
132,572
1848
70,580
250,497
1850
00,680
92.597
1S58
93,492
44,630
1878
93,492
138,909
1861
93,492
107,206
1862
93,492
349,628
1864
127,000 Not known
o each State shall have at least one Rpre
^entiitive,” was maiiif'estlv designed to pro
tect the States which originally' composed
the Union from being deprived, in the
event of a M’aning population, of a voice in
the popular branch of Congress, and was
never intended as a w'arrant to force a new
State into the Union with a representative
population far below that which might at
the time be required of sister members of
the Confederacy. Thi§ bill, in view of the
prohibition of the sane secilon, which de
clares that “ the number of Representatives
shall not exceed one for every thirty thou
sand,” is at least a violation of the spirit,
if not the letter of the Constitution.
Colorado, which it is now proposed to
admit as a State, contains, as has already
been stated, a population less than twen
ty-eight thousand, while the present ratio
of representation is one hundred and twen
ty-seven thousand.
There can be no reason, that I can per
ceive, for the admission of Colorado, that
would not apply with equal force to near
ly every other Territory now organized,
and I submit whether, if this bill becomes
a law, it will be possible to resist theolog
ical conclusions that such Territories as
Dacotah, Montana and Idaho must be re
ceived as States, whenever they present
themselves, without regard to the number
of inhabitants they may respectively con
tain. Eight or ten new Senators and four
or five new members of the House of Rep
resentatives would thus be admitted to re
present a population scarcely exceedin®^
that which, in any other portion of the na*
tion, is entitled to but a single member of
the House of Representatives, while the
average for two Senators in the Union, as
now constituted, is at least one million of
people It would surely be unjust to all
other sections of the Union to enter upon
a policy with regard to the admission of
new States which might result in confer
ring such a digpro^rtionate share of influ
ence in the National Legislature upoti
communities which, in pursuance of the
i wise policy of onr Fathers, should for some
I years to come be retained under the foster-
j ing care and protection of the National
j Goveniment. If it is deemed just and ex-
} pedient now to depart from the settled pol-
I icy of the nation during all its history' and
to admit all the Territories to the rights
! and privileges of Sutes, irrespective of
llieir population or fitness for such govern
ment, it is submitted whether it would not
be well to devise such measures as will
> bring the subject before the country for
! consideration and decision. This w'oiiltl
seem to be evidently wise, bcc.au.'ic as has
already been stated, if it is right to admit
Colorado now, there is no reason for the
exclusion of the other Territories.
It is no answer to these suggCBtious
tliat itu euabling act ww passed authoriz
ing the people of Colorado to take action
on this subject. It is well known that
that act was passed in consequence of re
presentations that the population reached,
according to some statements, as high as
eighty thousand, and to none less than fif
ty thousand, and was growing with a rapi
dity which by the time the admission could
be consummated, would secure a popula
tion of over a hundred thousand.—-These
representations prove to have been wholly
fallacious, and in addition the people of
the Territory, by a deliberate vote, decided
that they would not assnme the responsi
bilities of a State government.
By that decision they utterly exhausted
all power that was conferred fty the ena
bling act; and there has been no step ta
ken since in relation to the admission that
has had the slightest sanction or warrant
of law. The proceeding upon which the
present application is based was in the ut
ter absence of all law in relation to it, and
there is no evidence that the votes on the
question of the formation of a Sute gov
ernment bear any relation whatever to the
sentiment o.f the Temtory. The protest
of the House of Representatives, previous
ly quoted, is jeonclusive evidence to the
contrary. , -
But if none of these reasons
against this proposed enactment, the bill
itself, besides being inconsistent in its pro
visions in conferring power upon a person
unknown to the laws and who mav never
have a legal eiietence, is so framed aa to
render its execution almost impossible. It
is indeed a question whether it is not m
itself a nnllit/. To say the le.ast, it is of
exceedingV tr uthful propriety to confer
he powef ^ropes.-i,i" the hill upon d..
“fiovernor elect ” i by its own terms,
thtconstuSi, no t to take effect «nt.l
,,.Iter the admission of to'® State, he m the
* 'utimehas no more an;''»''ty
Si" Private eitiaen. But
hfm"to‘ho' eUhed with snfficie."‘^-thon;|:
to convene the Leg.slatnre w. ^
tntes the “SuU Leg'»l»t't'-'t.
to be referred th'« q't^t.on of snbe ,
to the conditions Cong.
Is it a new body to ^e e'foted and o
jv. of the “Governo.
vened by proclamation t > 1 a
1 a • -o ai. a which met more
elect; or is it that body . . . . ,
.u Tvi- "tvisions of the
ihan a year ago under the pre
State Constitution ? .. r nf
By reference to the second s.. ®
the schedule, and to the eighteenth st.**'
of the fourth article of the State Constitu
tion, it will be seen that the term o.^ the
members of the House of Rsprescntatirei?
and that of one-half of the members of the
Senate expired on the first Monday of the
present month. It is clear that if there
were no intrinsic objections to the bill it
self in relation to the purposes to be ac
complished, this objection would be fata);
as if is apparent that the provisions of ine
thiru section of the bill to admit Colorado
have reference to a period and state of
facts entirely different from the present,
and affairs as they now exist; and if ear*
ried into effect must necessarily lead to
confusion-
Even if it were settled that the old, and
not a new body were to act, it would be
found impracticable to execute the law, be
cause a considerable number of the mem
bers, as I am informed, have ceased to b©
residents of the Territory, and in the sixty
days within whico the Legislature is to be
convened after the passage of the act, there
would not be sufficient time to fill the va
cancies by new elections, were there any
authority under which they could be held.
It may not be improper to add that if
these proceedings were all regular, and
the result to be obtained were desirable,
simple justice to the people of the Territo
ry would require a longer period than six
ty day's within which to obtain action on
the conditions proposed by the third sec
tion of the bill. There are, as is well
known, large portions of territory with
which there is and can be no general com
on-
r
munication, there being several counties
which from November to May, can only
be reached by persons traveling on foot,
while with other regions of the territory
occupied by a large portion of the popula
tion there is very' little more freedom of ac
cess. Thus, if lliis bill should become a
law, it would be impracticable to ^ obtain
any’ expression of public sentiment in ref
erence to its provi.sions, with a view to en
lighten the Legislature, if the old body
were called together, and of course ^equally
impracticable to procure the election of a
new body. This defect might have been
! remedied by an extension of tho time and
a submission of the question to the people,
I with a fair opportunity, to enablo them to
express their sentiments
i The admission of a new St.ato has gen-
' erally been regiirded .a.s Jin epoch in our
I historv, marking tlje onw.ird progress of
! the nation ; but nfter t)ie most careful and
I anxious iitquirv on tljc siil^oct, I cannot
[ perceive that the proposed proceeding is in
: poiiformity with the policy which, from ibo
origin of the Government has uniformly
i prevailed in tlie adnii-s-simi of now States.
I therefore return the bill to the Senata
without my’ signature.
Andrew Johnson,
1 Washington, Jan. 2% 1867.